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Going from a Danish Working Holiday Visa to a Schengen tourist visa

Posted by (Copenhagen) on

Hello all!

I have a question that I hope you will be able to help me with... I've looked around a bit, but no previous threads seem to fit my description.

I'm a Danish citizen currently living in Denmark with my Australian citizen boyfriend who is here on a Working Holiday Visa. We've been so foolish as to not thoroughly researching the visa regulations before booking my boyfriend's return flight to Australia.

His WHV will expire on April 1st 2010, but he has a ticket booked from London - Perth on May 2nd 2010.

The reason he wants to stay is that I'm coming to visit in June, and that way we won't be apart for that long

I've been reading all about the 90-out-of-180 days Schengen visa rule, and the immigration office here in Denmark has told us today that he needs to leave the Schengen area for at least 3 months before he can come back on a tourist visa.

HOWEVER - can't you argument for the fact that his current WHO visa has nothing to do with Schengen and if he therefore leaves Denmark on the expiry date, to go to, say, Sweden, he will be granted a Schengen tourist visa?

Basically, we're just looking at ways to make it possible for him to stay that extra month here in Denmark. Any ideas? I'm in school, so I can't go travelling with him...

Any help/info muchly appreciated!

Eva

Posted by
3 posts

Hi Frank.

Thank you for your answer.

I talked to the Swedish immigration office today and they assured me that there would be no problem with my boyfriend to go to Sweden when his Danish WHV expires, and stay for up to 3 months.

??

Eva

Posted by
16413 posts

Normally, I would suggest contacting the Danish government for the official answer but you've already done that...and gotten an answer (although it's not one you like.)

Your boyfriend was allowed to enter Schengen under a tourist visa. However, instead of that tourist visa, he opted to get a Working Holiday Visa. It has run out. The only option he would have would be to apply for an extension of that visa. It and the tourist visa are not mutually exclusive. It's one or the other. (The WHO was only good for Denmark. The 90 day rule still applies for the rest of Schengen and that includes his time in Denmark...so no going to Sweden.)

Sorry.

His only alternative would be to go to either the UK or Ireland, which are not Schengen countries, and you could visit him there on weekends. He could not visit you in Denmark.

Posted by
16413 posts

That's surprising....their answer doesnt' seem right to me. If they do let him in, make sure they stamp his passport. Once stamped, he has proof he was let in legally.

Posted by
3 posts

Yes, the guy I talked to asked me to call him back and when I did, he said that he had checked everything and that it was completely all right, even if he had just spent 12 months in another Schengen country. So we will definitely get his passport stamped.

Posted by
16413 posts

Please let us know the outcome as I'm really interested to hear what happens. Good luck.

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