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Schengen-22

I've got a ridiculous problem with my travel status. I'd already arrived in Schengen-land, only to discover that Switzerland joined Schengen in December. I was planning on spending most of my four month European student stay in Switzerland, but that will now put me over the 90-day limit ... AND, because I'm already in the country, it's too late to get a longer visa. My studies are about to start and require me to be in Schengen through May.

Any suggestions???

Posted by
15100 posts

The first question was why didn't you get a student visa?

But, that's history now. I'd suggest talking to your school. You're probably not the first student to have this problem. Or, considering the timing, you might.

Posted by
8 posts

I didn't get a visa because Switzerland wasn't part of Schengen until three weeks ago and my school didn't warn me of the change until it was too late. They say, nothing can be done...

Posted by
495 posts

I'm confused about Bea's US embassy suggestion. The only visas the US embassy can issue are US visas, they have no authority to issue a Swiss student visa or a Schengen tourist visa.

Posted by
8947 posts

So, did Switzerland have no visa requirements for Americans before this? Just curious. In Germany, you can apply for a student visa while in the country, so perhaps this would be available to you in Switzerland? I would think your school should be helping you with this visa stuff, or at least information about how to apply, etc.

Posted by
8 posts

The Schengen visas must be obtained before the 90 day limit begins. I am already in Europe. The school says they have tried but failed to get an extension or waiver. They changed the study itinerary so that we will spend part of the time outside the Schengen countries. Unfortunately, I arrived early so that I will be here past the 90 day limit.

Posted by
1158 posts

Why don't you go to the US embassy in Switzerland and ask for visa? Avoid asking your school.
Switzerlad anounced long time ago that they would join Schengen in December, so you had enough time before to ask for visa

Posted by
8 posts

Thank you, Bea. No question the school failed us here. I don't understand your suggestion about the US Embassy. The countries themselves handle the visas... Could you elaborate?

Posted by
9363 posts

The embassy could maybe help you cut through the red tape or get a waiver or something easier than you could on your own.

Posted by
1158 posts

I only have one experience with getting visa from outside of the country, in Munich, Germany.I went to the embassy there and asked for an extension.
The situation was a bit different then. I only needed an extension of a few days over a month.
You should go to the US embassy there and ask them what you can do. Maybe they will extend your visa with a proof od going to school. I can't think about anything else. Did you check the emasssy's web site? You might find something useful.

Posted by
8 posts

I just got the word from Swiss authorities - there is NOTHING that can be done. If I can get an internship here after my program, THEN I can apply for a visa (based on the internship). But because I'm already inside the Schengen zone as a student, I cannot apply for a new visa. Like I said, it's Schengen-22!

Posted by
1158 posts

Peter,

The role of an embassy is to represents its citizens in a certain country.
As I said I got an extension in Munich, but it wasn't over the 90 day limit.
Henry's situation is a bit different.

Posted by
2091 posts

How about applying for the visa, then when you have any break, such as Easter break, flying back to the US to present yourself in person. The last visa I needed was in 1971 for Indonesia so it's quite possible that many things have changed, but it only took a couple of weeks for me to get one. Totally different circumstances, I realize. I also realize that you would need to come up with the dollars or FF miles for a plane ticket you weren't planning on but it's the only way I can think of to take care of this situation.
Best of luck!

Posted by
8947 posts

The American Embassy or Consulate CANNOT issue visas or extensions for Americans in other countries. Only the country itself can do this. Going to the American consulate or embassy is a waste of your time as they are not authorized to do anything like this.

Posted by
1167 posts

You might not want to ask the authorities directly, but what are the possible consequences of doing nothing at this point?

Posted by
8 posts

Re: penalties - good question. One problem is that I will have to cross back into a Schengen country from outside at one point after the 90 days, so I will face a border crossing (at which point I suppose I would be refused admission if anyone notices). If caught violating the rule while in-country there is a mandatory FIVE YEAR BAN from all Schengen countries.

This is a good example of being penalized for trying to avoid breaking the law!

Posted by
57 posts

Even though the US embassy or consulate does not issue visas, they may be able to make a request for an exception to the new status to the Swiss government on your behalf, through diplomatic channels.

Just a thought. Couldn't hurt... or could it? Anyone?

Maggie

Posted by
337 posts

And what would be the justification for such an exception?

Switzerland signed the Schengen Agreement in 2004. The implementation in December 2008 wasn't exactly a sudden surprise out of the blue.

I can understand Henry's disappointment, but the problem isn't some Kafkaesque catch-22, but the fact that he made his decisions without knowing well publicised facts.

Posted by
9363 posts

Years and years (and years) ago, I was a student in Austria for a semester of college. Being a typical US college student, I had little awareness of anything going on outside of campus. It never would have occurred to me (or to my parents, who had not yet traveled outside the US) to check anywhere (even if there had been an internet then) about visa regulations in Austria. Our school told us what the requirements were (I remember having to go to the local police station to register once I arrived). It's too bad that Henry's school didn't think to inform him of the coming change. It does strike me as a bit strange, though, that his semester is over the 90-day limit and yet his school didn't arrange student visas.

Posted by
9363 posts

Though what's done is done, the school really should have apprised their potential students of this change. The Schengen agreement may be well-publicized in Europe, but, as is evidenced on this board over and over, it is not common knowledge here.

Posted by
337 posts

Nancy, with "well publicised" I was referring to things like the web site of the Swiss embassy in the US, not front page media coverage.

So maybe "facts that were available if one had searched for the regulations on long term stays in Switzerland" would have been more precise, but that is quite a mouthful ;-)

Posted by
504 posts

Henry,

Any possibility the school can "adjust" your schedule and allow you to do some additional work outside of the Schengen area? With a new situation like this, hopefully there could be some exceptions or flexibility on their part. Not sure exactly what your program is or how it's set up, but perhaps the professor can be flexible a bit with people who are affected by this. Just a thought!

Posted by
8 posts

I think the school got caught flat-footed on this. It's my understanding that Switzerland had been postponing acceptance of Schengen status, and they managed to miss this acceptance.

The school DID adjust the curriculum by shifting part of the term to a non-Schengen country. But I arrived in Europe a couple of weeks early, so even with the change, I'm over the limit. Also, it was my intention to return to Switzerland after the term (that's where my return flight departs) and had hoped to do some traveling and look for an internship.

I would like to mention that my family and I are pretty well traveled and usually do extensive research. Besides expecting the school to catch any major potholes, I would suggest that the Switzerland/Schengen information is woefully lacking. For example, on the European Union's official website it still states "The full Schengen members are Austria, Belgium, the Czech Republic, Denmark, Estonia,Finland, France, Germany, Greece, Hungary, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden (but not Ireland and the United Kingdom) plus Iceland and Norway (which are not EU members)." (http://europa.eu/abc/travel/doc/index_en.htm).