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The myth about renewing a Schengen visa by leaving for a few days.

Last activity 06 October 2012 by georgeingozo

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ricky

There are different Schengen visa categories. Most visitors from Non-EU countries like the US and Canada will receive a stamp in their passport upon entering the Schengen area. This is equivalent to getting a short-stay Schengen visa .

The short-stay visa is the most common Schengen visa. It entitles travellers, subject to the visa requirement, to enter the territories of the 25 Schengen States to pay a continuous visit or several visits, the duration of which does not exceed three months (90 days) in any half-year from the date of first entry in the Schengen area.After 90 days you will have to leave the Schengen area for a full 90 days to be legally allowed to re-enter. The short-stay visa is issued for one or several entries.

The single-entry visa allows one uninterrupted stay in the Schengen area whose duration does not exceed the number of days indicated on the visa, 90 days being the maximum of days which may be granted. A period of grace of 15 days of validity of the visa is normally added to the number of days of authorised stay, should the visa holder wish or have to postpone his or her departure.

The fact that immigrations officers do not check passports that much and usually let travelers leave without hassle after overstaying and even re-enter the Schengen area a few days later does not mean that the new stamp in the passport restarts the Schengen visa timeline for  another 90 days. Basically you were lucky that no one noticed it or did not want to make a big fuss.This leniency changes dramatically when you apply for a work permit or a residence permit and you will find your work permit application denied as you do not have a valid visa which is required when you apply and also it still has to be valid when you go to collect the work permit.Also applying for a residence permit after overstaying does not go down well.

So the best advice is to apply for a temporary residence permit in Malta before your Schengen visa expires if you want to stay longer. Residence permits for Malta are issued in Malta and allow you to stay in Malta for more than 3 months. But you will need to give a reason !

Or apply for a long-term Schengen visa from your home country before you arrive.

You will be required to show that you can fulfill the other requirements such as health insurance and enough income to support you during your stay but ……you will be legal!

Please feel free to comment and /or post  personal experiences – positive or negative – for future reference.
Thanks

raphrinco

THANKS FOR YOUR POST ,WHAT IF SOMEONE WANTS TO SEARCH FOR WORK,IS THAT A GOOD REASON OR REGISTER FOR A COURSE IN A SCHOOL

Groto

I was quite interested to hear this information as I have been trying to find out from the Maltese embassy here in Australia about visas, not for myself as I am a Maltese citizen, but for my partner. He is an Australian citizen. My children are having their citizenship processed at the moment. I have been told that it takes 18 months! We want to come to Malta at the end of the year, for 12 months. Their citizenship isn't due to come through until about July next year. I didn't know I could apply for my partners visa from here. The Maltese embassy said ewe could apply once we were there. As we are packing up business and house I kind of like to be more sure! Has anyone  any ideas about this?  I plan on sending my girls to school in Malta, so is that a good enough reason for them to be  granted extended visas until their paperwork comes through?  If my partner has to return to Australia, I guess we will have to come to terms with that. I would be able to prove health insurance and money to support us for the year. Just one more question, would anyone know what amount of money would need to be shown for self sufficiency? Thank you

ricky

Hi Groto,

from the information you have given your children under 21 years would be entitled to residency in Malta anyway as family members of an EU national. If you are not married to your partner it will be more difficult.

But as the embassy said an Australian citizen does not need a visa to enter the Schengen area for up to 3 months.Schengen visa  is granted on entry. That gives you 3 months to try and sort things out for your partner.

The weekly income to be shown by en EEU citizen is only 84,95 € (level of social assistance for Maltese citizens)but you would also have to show health insurance for all when you apply for residency. But that is not near enough to live from in Malta.

Cheers
Ricky

ricky

Hi raphrinco,

welcome to the forum.

Searching for work is not a good reason, in fact it will lead to immediate denial of your application. That is exactly the reason why most non-EU citizens have to apply for a visa.

Registering for a school in Malta is not enough. You would have to show that you have the resources to pay for your studies and stay. And you would not be entitled to work. But you could stay for as long as you take the course.

Cheers
Ricky

Groto

Thank you that is very helpful. 3 months should be enough time to sought things out and I can prove enough savings. If the children can stay because of my status, then I guess I dont have to panic anymore about their citizenship coming sooner than later.
You have been more than helpful.
Paula

Aurélie

@raphrinco- Can you please lower caps lock when writing?

Thank you,
Aurélie

ricky

Hi Paula,

I'm glad I could help.

Your main problem will be getting your Australian partner to be able to stay legally in Malta for more than 3 months. You have the following options:

1) Get married before you come!

2) Have him accepted as your family member ie prove that you have been in a durable relationship for longer than 2 years. For this you would have to collect every possible document that shows that you have been together (rental contract in both name, bank account in both names, utility bills and so on.The Maltese authorities try to interpret the regulation as living in Malta together legally for more than 2 years, they are reluctant to accept foreign proof.

3)He could gain residency through a work permit if he has good qualifications and finds work (difficult!)

Cheers
Ricky

Groto

Hi and thank you so much for the info! I was in a bit of a panic about the children hoping everything works in. I can show more than enough savings and always travel with insurance so all is good there. I was told by the embassy one thing and that was we needed to be married for at least 5 years. We have been together now for many many years o that won't be hard to prove either. I will just have to continue on for the rest of the year in Malta without hi,! I am sure I will be able to cope:)
Thanks again.

ricky

Hi Groto,

travel insurance will not count if you apply for residency! You will need seperate private health insurance.

It is still not quite clear if you are married to your partner or not. If you are not married it is really difficult or impossible to prove being in a stable relationship outside of Malta.

I'm not aware of any regulation that you would have to be married for more than 5 years to have the right to bring your non-EU spouse to Malta. It certainly does not apply to EU citizens expressing their rights of free movement within the Union.

As a general rule they accept a partnership without marriage if you have been living together in Malta for more than 2 years - everything else will be subject to intense discussions and questioning.

We went through the same procedure and it was very difficult.

Cheers
Ricky

georgeingozo

ricky wrote:

I'm not aware of any regulation that you would have to be married for more than 5 years to have the right to bring your non-EU spouse to Malta.


neither am I

Groto

Hi no we are not married. Oh I thought we could just pay for one year of travel insurance as we will only be there for that long tomstart with. If he needs a different health cover for residency then that is what he will do. Australia does have a reciprocal health system with Malta so basic stuff is covered.
We will just have to wait and see I suppose!
Regards
Paula

georgeingozo

http://www.humanservices.gov.au/custome … agreements

"Australian residents can get help with the cost of essential medical treatment when visiting these countries"

so its for tourists, and you want to be residents

Groto

where can i apply for health insurance in Malta, which best companies?
i have worldwide health insurance but it end on June 2013,, is that enough?

ricky

Hi Designs,

is it a travel insurance or does it cover you as a resident of Malta ?

If it doesn't cover you ,you can apply at all insurance companies in Malta.

Please try to keep to one thread or open a new one . That makes it easier to follow,

Cheers
Ricky

georgeingozo

are you an EU citizen ? Do you have a UK passport ?

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