UK student visa legal situation for traveling in the EU more than 3 months without Schengen visa?

UK student visa legal situation for traveling in the EU more than 3 months without Schengen visa? - Crop unrecognizable person demonstrating British passport

I'm Mexican, with a student visa for UK until mid-January, I left the UK on August 10. I'm in the EU but I'm not planing to come back to UK. I can be in Schengen area countries as a tourist for no more than 3 months, that period of time starts when you enter the EU.

My question is if I would be able to enter to Germany from Portugal in mid December in order to come back to Mexico cheaper, or do I need to come back to UK before November 10th to come back to Mexico from UK?

I don't have a Schengen visa, just student visa from UK, with a stamp that says that I'm able to be in UK until January 19th.

Edit: I just found out that Mexican citizens do not require a Schengen Visa to visit Europe. I got stamps in my passport whenever I entered the European Union and whenever I left it. I re-entered the European Union (after a prolonged stay in Germany) via Greece on the 28th of August. As far as I know the European Union is considered as a single entity in visa situations. As a Mexican I am bound by the 90 days in 180 days policy. So the only uncertain aspect remaining is my status holding a UK student visa.



Best Answer

Your situation is not very clear (to me, anyway). As far as I can tell, your main problem is avoiding overstaying in the Schengen area.

If you are not a EU/EEA citizen and do not have a long-term visa or residence permit from the country you are staying in, you have to abide by the three-month rule, which is probably the choke point for your travel plans. The UK student visa basically does not make any difference here. Between August 10 (when you entered the Schengen area for the first time; is this correct?) and December (when you plan to leave to Mexico), you can only be in Schengen countries for a total of three months, which means you cannot just stay in the area without interruption.

As there are no systematic border checks, you might very well be able to remain in Portugal or travel to Germany (certainly overland) even if you overstay but you have to expect a lot of unpleasantness when flying home (potentially a hefty fine and a black mark on your record).

In practice, this probably means you will have to spend some time in the UK before December but going to other countries where you are entitled to stay could be a solution as well. For example staying a couple of months in Croatia or Romania – if you are indeed entitled to a visa or visa-free stay, which I don't know – could work as far as I know (those are in the EU too but not in Schengen yet). You could also go to the UK now and come back to Portugal after a few weeks, the three months need not be in one continuous chunk. If you can stay with friends and are flexible regarding the dates, this could be quite cheap (since you are trying to optimize your return fare, I am assuming you are on a tight budget). Leaving the EU entirely for a few weeks would work too, if you can find a cheap destination you would want to visit.

Alternatively, you could in principle apply for a long-stay visa if you are eligible for it but it does not sound like a very realistic solution. Many countries do not allow this at all if you already entered the Schengen area but some do, typically only for nationals of a small list of third countries. I don't know if there is any country where this would be possible for Mexican citizens. Even if there were, it would most likely involve extra paperwork and visa fees so it would not necessarily save money compared to flying back from the UK. There would also typically be additional requirements, e.g. proving you have enough money to support yourself.

Bottom line: If you can legally be in the Schengen area in December, there is no need to travel over the UK. If you cannot, the question is moot. The problem is avoiding overstaying, not being in or traveling through the UK per se. As you wrote yourself, you can only be in the Schengen area for a total of three months and, unfortunately, it seems that this is your answer right there, no easy way around that.




Pictures about "UK student visa legal situation for traveling in the EU more than 3 months without Schengen visa?"

UK student visa legal situation for traveling in the EU more than 3 months without Schengen visa? - Passport on Top of a Planner
UK student visa legal situation for traveling in the EU more than 3 months without Schengen visa? - Girl Sitting on Her Desk Looking Angry
UK student visa legal situation for traveling in the EU more than 3 months without Schengen visa? - Girl Sitting on Her Desk Looking Angry



What happens if you exceed 90 days in Europe?

The Schengen law states that you can't stay in the Area for more than 90 days. If you do, you're subject to a fine and possibly deportation and being banned from re-entering the Schengen Area.

Can I stay in the EU for more than 3 months?

The 90-Day Limit Once you are allowed to enter the Schengen Area \u2014 with just your passport or with a short-term visa \u2014 you are ONLY permitted to stay for 3 months (90 days) in any 6 month period (180 days).

Can you stay in Europe for more than 3 months after Brexit?

Now that the UK is outside the EU, British passport holders can stay for a maximum of 90 days per 180-day period. UK passport holders can cross an external EU border using just a valid passport and stay anywhere in the Schengen Area for up to 3 months.

Can I travel in the EU for more than 90 days?

If you're a tourist, you do not need a visa for short trips to EU countries, Switzerland, Norway, Iceland or Liechtenstein. You can stay for up to 90 days in any 180-day period.



You’re being LIED to! REAL UK VISA 2022 Processing Time | Updates of all UK Visa Processing Times




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

Images: Ethan Wilkinson, Nataliya Vaitkevich, RODNAE Productions, RODNAE Productions