American traveling to Switzerland 5 days before work visa is valid [duplicate]

American traveling to Switzerland 5 days before work visa is valid [duplicate] - Black and white of smiling African American female wearing warm clothes standing near table and offering drink to anonymous man in sunny day

I have a work visa (PhD program in Switzerland) starting from December 20 2015-March 19 2015. It is my understanding that during this time, I must obtain my residence permit which allows me to remain/leave/return to Switzerland after my visa expires. I would very much like to purchase a flight on December 15th, 5 days before my visa is valid. As an American, I can travel to Switzerland as a tourist for 3 months without a visa. Would it be acceptable to go there on the 15th as a "tourist" for 5 days until my visa is valid WITHOUT A RETURN FLIGHT? The Swiss Consulate of SF informed me that this should be acceptable, but they cannot guarantee this.



Best Answer

In short, you should be fine.

The type D visa is not a "stay longer than 30 days" visa. It's more like a "stay longer than 90 days" visa. More properly, it is a "national" visa, meaning that it is primarily governed by national law rather than the Schengen agreements. National visas do have a role in the Schenge system, however: They are equivalent to residence permits for the purpose of duration-of-stay calculations under the Schengen Borders Code.

(If my calculation is correct, your visa is valid for 91 days; I wonder whether that's actually how they calculated the end date, or if they were going by the day of the month so the visa would have been valid for 90 days on a non-leap year.)

In any event, presence under a national visa is explicitly excluded from the calculation of duration of stay under the 90/180 rule. The actual wording in the Schengen Borders Code is

1a. For the purposes of implementing paragraph 1, the date of entry shall be considered as the first day of stay on the territory of the Member States and the date of exit shall be considered as the last day of stay on the territory of the Member States. Periods of stay authorised under a residence permit or a long-stay visa shall not be taken into account in the calculation of the duration of stay on the territory of the Member States.

(emphasis added)

This appears to indicate that you can arrive on the 15th as a visa-exempt traveler, whether in Switzerland or elsewhere in the Schengen area, remaining 5 days under those terms; your "period of stay authorized under a ... long-stay visa" will begin when the visa's period of validity begins on the 20th. At that point, the 90/180 rule no longer applies.

(This of course assumes that you have stayed no more than 85 days in the Schengen area in the 179-day period from 19 June 2015 through 14 December 2015.)

As Relaxed notes in a comment, there's no strict requirement to have a ticket for onward travel. The requirment is that you be able to demonstrate that you will not stay longer than allowed. Your long-stay visa is evidence of that.




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How long can a US citizen stay in Switzerland without a visa?

Keep track of your time in the Schengen area: You can travel up to 90 days visa free in Switzerland and the Schengen area. Currently, 26 European countries are members of the Schengen area.

Can US citizens travel to Switzerland right now?

The entry restrictions currently in place will be lifted from 2 May. As of that date, the usual rules for entering Switzerland will apply. You will find information about visas, travel documents, etc.

Does a US citizen need a visa to enter Switzerland?

National visa for a stay of more than 90 days For persons wishing to enter Switzerland for a stay of more than 90 days within a 180-day period. It is subject to the authorisation of the cantonal migration authority competent for the intended place of residence.

How do I get a valid work permit in Switzerland?

You can apply for the Switzerland work visa at your country's Swiss embassy/consulate. When the FOM makes their decision on your residence permit, they inform you, your employer, and the cantonal offices. If the FOM approves your residence permit, the cantonal offices inform the Swiss embassy/consulate.



How to Convert Tourist visa to Working visa - Tourist Visa to Work permit 2022




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