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Hello. My daughter, a US citizen, is currently studying in France on a long-stay student

 
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Customer Question

Hello. My daughter, a US citizen, is currently studying in France on a long-stay student visa that expires in late July. She has an opportunity to work in Spain for six weeks beginning mid-June before returning to the States, but must commit to staying for about two weeks beyond the validity of her France visa. My question: Can my daughter simply travel to Spain via the UK (e.g. exit the Schengen area) and enter Spain on a 90-day tourist visa? After finishing her job in Spain, will she have any problem re-entering France for a few days to pick up stored belongings before returning to the States?

 

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Submitted: 457 days ago.
Category: French Law
Value: $30
Status: CLOSED
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Expert:  A.Valcke replied456 days and 15 hours ago.

Hello,


Thank you for your question.


When your daughter's long-term French study visa expires, she will be able to stay in the Schengen area for up to 3 months. The Schengen area includes France and Spain. She won't need to leave the Schengen area for that.


However, please note that working in Spain usually requires a work permit (unless she is going to be doing volunteer work). Her employer will need to sponsor her.


This leaflet explains the procedures:
http://extranjeros.meyss.es/es/InformacionInteres/FolletosInformativos/archivos/triptico_trabajadores_extranjeros_eng.pdf


I hope this answers your question.

Customer replied456 days and 7 hours ago.

Thank you. One follow-up question for clarification: There is a lot of conflicting info on the web (from sources who aren't necessarily qualified) regarding long-stay France student visa rules. Some sources suggest that once the holder of an expired long-stay visa departs France they cannot re-enter France (from another Schengen country or from elsewhere) for a period of 3 months after the expiration date of the long-stay visa.

Your answer implies that is not a concern -- that for three months after the long-stay visa expires, my daughter should be able to travel freely within the Schengen area, including returning to France from Spain several weeks after her long-stay France visa has expired. Can you confirm that I am understanding your answer correctly?

Thanks and regards,

/Barry

Accepted Answer

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Expert:  A.Valcke replied454 days and 5 hours ago.

It is my understanding that once the visa expires, your daughter should be able to remain in the Schengen area for a further period of up to 3 months. During this period she should be free to travel between France and Spain.


The above has been confirmed by the Spanish authorities which form part of the European Migration Network in answer to a question by the Czech authorities. However the French authorities did not respond to the question. As a consequence, I would suggest that your daughter contact her local prefecture to obtain confirmation that the French authorities also follow the same approach as the Spanish authorities.

Expert TypeSolicitor
Category: French Law
Pos. Feedback: 100.0 %
Accepts: 67
Answered: 3/21/2012

Experience: Lawyer with Maîtrise en droit & Licence spéciale en droit européen.

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