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Tricky Business

Hello, I've got a riddle... hope you guys can help. 1. I am a US citizen, doing my master's in Italy. 2. I had a student visa for Italy, which allowed me to apply for an Italian permit of stay. This permit expired on March 28, 2012. 3. I did a study abroad (from Italy) in Lithuania for a year beginning in September 2011 - my Lithuanian student visa expired on June 30, 2012. 4. I went home to the US for Christmas on December 15th, came back into the Schengen zone on January 28. 5. I have been staying in Lithuania on the 90 day visa waiver ever since my student visa expired on June 30th - 54 days have elapsed as of the writing of this post. 6. My graduation in Italy is on September 28, 2012 - exactly 90 days from June 30. 7. My parents are flying in from the US and would like to travel with me for about a week after my graduation as a present. 8. The Italian Embassy in Lithuania is refusing to issue me a student visa to Italy, which would allow me to reapply for an Italian permit of stay. They tell me I have enough time (90 days) to graduate and then I should leave the Schengen zone. SO, THIS IS MY QUESTION: Can I leave the Schengen zone to say, England, and stay there for some time, and then come back into the Schengen zone (Italy) 1) without any problems, and 2) pushing my 90 days forward a bit enabling me to travel for some time with my parents after I graduate? For example: I fly into England on September 14, fly out on September 23 to Italy. This is 9 days that I can then add onto September 28, meaning I can travel with my parents until Sunday, October 7th?
As I understand, I cannot reset the 90 day counter by leaving and then coming back in. IF NOT, I WOULD APPRECIATE SUGGESTIONS!

Posted by
3 posts

I already have! They suggested I talk to my university in Italy and get an Italian student visa, since I am still a master's student until September 28. The consular official at the Italian Embassy is refusing to issue a visa, however. This has led me to try and figure out a way around getting a visa.

Posted by
2829 posts

You probably need to apply for a permesso di soggiorno extension in Italy, living there. Italian student visas are not meant to give you a free stay in the rest of EU. In retrospect, you should have extended your Italian permit before leaving for Lithuania and before it had expired. Calling US embassy is of no help, US consular offices are not specialists in foreign law nor do they have any bearing on Italian immigration law. My suggestion: spend € 70-100 and make a consultation with an Italian immigration specialist.

Posted by
5840 posts

Monica, You really need to get the official answer from the Italian Embassy or immigration specialist. The U.S. Embassy will be of no use in this matter. I would suggest that when you pose your question to them, you word it with your plans in which you assume that leaving Schengen will allow you additional time. For example, you might say something like: I am a U.S. citizen who held a student visa for Lithuania that expired on June 30th. Since June 30th, I have remained in Lithuania and and will depart from the Schengen area on <date>. I would like to return to the Schengen area on <date> and stay through <date>, after which I will depart the Schengen area. Is this permitted under the visa waiver rules?

Posted by
8030 posts

You perhaps needn't have provided so much info. The student visa is now a non-issue, they are expired. You are in the Schengen Zone on the 90 day visa waiver, as most of us travel. You can extend your stay by leaving the Schengen Zone for some period of time, utilizing the option of 90 days in 180. So after say 60 days, you can go to the UK or Ireland, spend some time, and on return to Italy, have 30 days left. All of this though is based on the premise that the 90 day waiver you are on is the same waiver utilized by the majority of this board, and does not have different conditions due to the Student Visa, ie: the 90 days in 180 option. You might ask that question directly of the Italian embassy. If you do exercise the option of visiting the UK, it would be prudent to keep travel and Student Visa documents showing your activity in case you are questioned.