Extending stay in Schengen area as I'm about to get European citizenship [closed]

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I'm currently doing a pre-doctoral internship in Europe. I currently own a citizenship that allows me to stay in the Schengen area only for 90 days. However, I'm expecting to get Hungarian citizenship quite soon. In fact, the lawyer I hired said that my citizenship is confirmed and only needs to pass registration so I can get a birth certificate, with which I can get a Hungarian passport.

Can I extend my stay under these special circumstances in the Schengen area? If not, do I need to exit the country and apply for a student visa? Will a letter from my professor help?



Best Answer

There are basically two possibilities here:

  1. You're already legally Hungarian, but do not yet have the documents to prove it. In this case, you should be able to stay in Hungary until you get the documents. (If you want to travel to other Schengen countries, you could in theory do that with the same evidence you're using to document your Hungarian citizenship, but without a passport or ID card it's not certain that other authorities would accept you as an EU citizen, so it would be best to avoid this.)

  2. You're not yet legally Hungarian, so still subject to the 90/180 rule. In this case, as a pre-doctoral intern, you may be able to qualify for a D visa or residence permit in the country where you're doing the internship. If so, that will help you stay in the Schengen area. If you're not able to get a D visa or permit, there's no legal way for you to stay in the Schengen area.

Your lawyer should be able to tell you which possibility applies to you. Your lawyer can also discuss with you the consequences of overstaying if the second possibility applies to you. For example, if you're certain to receive a Hungarian passport only days after you're supposed to leave the Schengen area, it might make sense to stay anyway, or it might make sense to book a short stay in Croatia or another non-Schengen jurisdiction so you can remain within the 90/180 restriction when you return to pick up your passport. If the delay is indeterminate or is known to be long, then it might be better just to leave if a D visa or residence permit is not possible.




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Can I extend my stay in the Schengen Area?

A visa can be extended if you have stayed less than 90 days in the Schengen Area over the last 180-day period and if you have not exceeded the validity period of your visa. The conditions for granting an extension of a Schengen Visa are very strict and your reason for applying must be serious and unforeseeable.

How can I stay in Schengen Area longer than 90 days?

Ways To Stay In Europe For More Than 90 Days
  • Split Up Schengen and Non-Schengen Countries.
  • Working Holiday Visa.
  • Become a Student at a European University.
  • Long Term Tourist Visa.
  • Language Assistant Program.
  • Teaching English as a Foreign Language (TEFL) Jobs.
  • Self Employment or Freelance Visa.
  • European Passport.


  • Can I leave the Schengen zone and come back?

    If you leave the Schengen Zone, your time doesn't reset so it is really important that you keep track of how long you're in the Schengen Zone. If you're in the Schengen Zone for 90 days consecutively, you must leave after 90 days and can't return for another 90 days!

    What happens if you overstay in the Schengen zone?

    You could receive a fine, immediate deportation or even get banned from entering the Schengen Area for a period. It is also important to remember that the 90/180 day rule also applies to countries with a visa waiver agreement with the Schengen Area.



    Overstaying in the Schengen Zone - How to Extend Your Stay in Europe UPDATED




    Sources: Stack Exchange - This article follows the attribution requirements of Stack Exchange and is licensed under CC BY-SA 3.0.

    Images: Ketut Subiyanto, Евгений Горман, Sami Aksu, Olga Lioncat