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A Visa Question - Can't Seem to Find Another One Like It

Hello all! I was looking for an answer to my question on the travel board, but couldn't find it. I hope I am not repeating...

Hypothetically speaking, if a person wants to spend 90 days in Italy, and then an additional few weeks to 1 month in Spain, would that person need to apply for an Italian or Spanish visa? I have heard the advice that one should apply for the visa in the country in which they will spend the most time, but the actual "overage" time isn't in Italy - it's in Spain. Does that affect anything? And you can swap whatever countries you want in there, but the same basic questions applies: visa in the country where the time is most time is spent or visa in the country where you will be when you are over the 90 day limit?
I hope I asked that correctly.
Thanks!!

Posted by
712 posts

Thanks Joe! Yes I have seen that site. It's very helpful, but I haven't found the information I am looking for. Unless I am not looking in the right place. Won't hurt for me to look again :)

Posted by
2557 posts

If it was me, I’d apply to the Italian authorities as Italy is where you enter the Schengen area, and it would be up to them to decide whether to grant you permission to stay for longer than 90 days within the Schengen. The fact that you want to go to Spain is less relevant than you want to stay for more than 90 days. Once you’re in the Schengen you can go anywhere.

But then I’m just some stranger on the Internet so what do I know? 😊

Posted by
712 posts

Thanks Stranger!
That's also what I was thinking. I just wasn't sure because the visa app requires you to put down your accommodations, and when the Italian authorities see that my accommodations are only for 90 days, they might wonder why I'm applying (since I wouldn't need a visa for a 90 day stay) or why I don't just apply to Spain.

Posted by
11464 posts

An Elective Residence Visa in Italy gets you in the country. Then you have to apply for a Permesso di Soggiorno which is valid for a year. Also, you have to claim your permesso in person and it is unlikely it will be ready in 90 days. The permesso process requires a visit to the Questura, by the way, which will probably occur about 30 days after you drop off your permesso packet at Poste Italiane. It is a LOT of work to go through for an extra month in the Schengen.

Posted by
712 posts

So obviously this "hypothetical" situation exists and it's clearly mine :)
My original plan was to leave the Schengen Area (I have posted questions on here regarding Croatia and Albania) between the Italy and Spain trips. I bought my flight already with that plan in mind. Then I realized I would much rather stay in Italy and was going to apply for a visa because, well, why not. But if it's that complicated for just an extra month and since as of this point I don't have plans to return within a year, it just seems best to stick with my plans to leave the Schengen for a month+ and then return (I have the days worked out).

Posted by
2557 posts

if it's that complicated for just an extra month

I think that’s the point – if you're applying just because you would like an extra month’s sightseeing, you're going to have to jump through hoops, have a good reason, and may well be unsuccessful.

If it was an easy process then there’d be no point in having the 90 days’ visa free access. Everyone would just fill in a form and stay longer.

Posted by
5697 posts

Monique, my understanding is that the Schengen limit is 90 days out of 180 -- so you can't get another 90 days by just being outside the area for a few weeks.

Posted by
11613 posts

I would spend 90 days in Italy and save Spain for another trip, when you can spend even more time there than just a month+.

I posted this before, but when I was at the airport to board my outbound flight, I was called to the platform because I did not have a visa for my 100-day trip. I had to show my EasyJet ticket from Milano to London to prove that my last ten days would be outside Schengen. My primary ticket was DTW-MXP-LHR-DTW.

Posted by
712 posts

@ Laura B - Yes I am aware of this. My trip is about 125 days total. I will be in Italy for 65 days, then I will leave the Schengen Area for 35 days, then go to Spain for 25 days. So although I am splitting the time, the total spent in the Schengen Area is still 90 days. And yes, those 90 days include my travel days.

Posted by
712 posts

@ Zoe - I am actually going to Spain because my sister will be there during that final month.

Posted by
1001 posts

There is no visa which will allow you extend a holiday beyond 90 days in the Schengen visa.

Posted by
712 posts

I failed to mentioned this before, but my trip is for volunteer work through a religious organization, so it wouldn't be simply for tourist reasons or sight seeing. My sister's is also (her dates and location are different than mine). But IF I were to apply, it would be for a religious visa. In either case, the stay is basically only an extra month and still, in my opinion, isn't worth the hassle of applying for a visa.

Posted by
24 posts

Monique,
Your statements seem to be different from your first post to one of the later posts.
In your first post you state that you intend to spend 90 days in Italy plus one month (maximum) in Spain, i.e. 120 days in the Schengen area
In your later post it is 65 + 25, i.e. exactly 90 days. In this case you would not need a visa, assuming your counting of the days is correct.
Problem solved?

Posted by
712 posts

My initial post was a "what if", if you will.

My original plans were to leave the Schengen for 35 days, which would keep me under the limit and in no need for a visa. Then I decided that maybe I should try for a visa so I can stay in the Schengen, but wasn't sure which county I would need to apply for. Hence my hypothetical initial post. Under that hypothetical, my stay would be 125 days in the Schengen (I didn't use my exact numbers because it was a hypothetical) but I would need a visa.

But for my original plans, yes you are correct, I am at 90 days and don't need a visa.

Posted by
1001 posts

To be clear you are not entitled to work under ANY circumstances in Europe without the appropriate visa. Fail to comply with our laws and you can expect any or all of the following: deportation at your expense, fine of up to €5,000, a term in jail, barred from the Schengen Area for 3, 5 or 10 years etc

Posted by
8889 posts

but my trip is for volunteer work through a religious organization

Monique, there is a nasty 4-letter word in that sentence: work. Even if you are not being paid, work is not being a tourist. And accommodation and food count as being paid. The 90 days in any 180 concession is only for tourism, you are not allowed to work. You need a visa to work, AFAIK even if it is volunteer.

I would double check with the organisation if they are getting a visa for you.

Posted by
712 posts

Thanks for that clarification!!!
I would be responsible for my own food/lodging as well as securing the visa (they can write a letter for me, however getting the visa is up to me), but I never thought that volunteer activities counted as "work" and I'm glad you corrected me! Thanks!!

Posted by
3392 posts

To stay longer than 90 days in any 180 day rolling period in the Schengen area you have to apply to a specific country within the Schengen area before you leave your home country. You'll need an extended-stay visa. Most countries require a great deal of bureaucratic paperwork, proof of more-than-adequate funds to support yourself (for Italy it's around $50,000+ in the bank), a legitimate reason for being there, and address within the country, registration with the local police, and many other requirements. Here is the link regarding residence visas on the Italian Consulate website here in Los Angeles - this will give you an idea of what it required. Your volunteer work will be an issue. No matter which country you apply to they will all have similar rules about work - you can't.
If it were me I would apply to the country where I plan to stay once the 90-day limit has expired. Good luck!

Posted by
12172 posts

There was a time when we all got tourist visas. As I recall, they gave you up to six months in a five year period. If it were me, I'd just get a regular visa rather than travel under, more limited, visa free options.

I might be more likely to apply to Spain, where they want tourists and seem more inclined to do their jobs than Italy, where they are indifferent to your desires and won't even feel bad if they misplace your passport - but that's just me.