Does Carte de Sejour protect you from longer stays in other EU countries?

[Erasmus.student]

Hi all,

I am in a rather complicated immigration situation, and I wonder if anyone can offer any answers or advice.

I hold a U.S. passport, and I also have a valid Carte de Sejour, because I was studying in France last fall. Currently, I am studying in Portugal, and because applying for a Portuguese student visa proved to be just about impossible, I entered Portugal on a tourist visa. I flew to Portugal from the UK, not France, so I got an entry stamp in my passport.

I am hoping to overstay my 3 month tourist visa in Portugal by about two or three weeks, and I also hope to fly back to the States from Portugal. My question is, does anyone know if my valid French residence (Carte de Sejour) will protect me/make it legal to overstay the Schengen tourist visa?

I researched it a bit, and from what I understand the Carte de Sejour technically doesn't entitle me to stay longer in other EU countries. However, because there is no immigration control within the Schengen states, I figure I can just say I traveled to France and then back to Portugal without stamps -- something like that?

I suppose the most likely scenario is that they won't even look at my entry stamp, but I need to be careful, because I will study in Germany next year and will need a visa from them -- and from what I hear the Germans pay attention to EVERYTHING in your passport/immigration history.

I would appreciate any comments or info. Thanks!

[glentheleg]

Hey there Erasmus Student,

As far as I am aware the Carte de sejour is only for France, however your observations on the border control (lack thereof) between schengen countries is quite accurate. Overstaying a visa is never advisable, and the authorities may even take umbrage if say you've popped out to France and back again in order to duck the 3 month limit. I was even told by a customs officer that the three month schengen stay should be followed by at least as long out of the country as well. I don't think that's a law but maybe a guideline.

On the topic of the Germans, as yet I don't believe that there is quite that level of information sharing between the immigration departments of the schengen countries, they are only now just starting to share information on people making claims for asylum (a big issue in the EU) to prevent them from making claims in more than one country, so I doubt highly that harmless Erasmus students are being hunted down for a purloined week in Portugal.

Have fun, and let us know what you decide to do ey?

Originally Posted by Erasmus.student

Hi all,

I am in a rather complicated immigration situation, and I wonder if anyone can offer any answers or advice.

I hold a U.S. passport, and I also have a valid Carte de Sejour, because I was studying in France last fall. Currently, I am studying in Portugal, and because applying for a Portuguese student visa proved to be just about impossible, I entered Portugal on a tourist visa. I flew to Portugal from the UK, not France, so I got an entry stamp in my passport.

I am hoping to overstay my 3 month tourist visa in Portugal by about two or three weeks, and I also hope to fly back to the States from Portugal. My question is, does anyone know if my valid French residence (Carte de Sejour) will protect me/make it legal to overstay the Schengen tourist visa?

I researched it a bit, and from what I understand the Carte de Sejour technically doesn't entitle me to stay longer in other EU countries. However, because there is no immigration control within the Schengen states, I figure I can just say I traveled to France and then back to Portugal without stamps -- something like that?

I suppose the most likely scenario is that they won't even look at my entry stamp, but I need to be careful, because I will study in Germany next year and will need a visa from them -- and from what I hear the Germans pay attention to EVERYTHING in your passport/immigration history.

I would appreciate any comments or info. Thanks!

[Bevdeforges]

OK, chances are you're right - no one will look at either the stamps in your passport or your carte de séjour (which really doesn't entitle you to much of anything, other than stray visits to other Schengen countries while you are resident in France).

I can't advise you to overstay your visitor's visa in Portugal - but I can also tell you that I had no problems studying in France while totally illegally living there. It's working that they are really concerned about.

If the Germans have gotten quite as strict about visa issuance as you say, perhaps you would want to drop the studies in Portugal from your resumé when applying for a visa for Germany. If the program lasts longer than 3 months, it's a dead giveaway you did something wrong that you can't say you had a student visa for Portugal.
Cheers,
Bev

[porsche914]

Maybe this is a simple question, but I haven't seen anything online that clears this up for me. I am in a similar situation having studied for the year in France with my student visa and Carte de séjour, but I am to finish my studies in the UK. Can I apply for my Visa while in France? Or, do I have to go back to the US to apply for this?? Any help is greatly appreciated!

Originally Posted by Bevdeforges

OK, chances are you're right - no one will look at either the stamps in your passport or your carte de séjour (which really doesn't entitle you to much of anything, other than stray visits to other Schengen countries while you are resident in France).

I can't advise you to overstay your visitor's visa in Portugal - but I can also tell you that I had no problems studying in France while totally illegally living there. It's working that they are really concerned about.

If the Germans have gotten quite as strict about visa issuance as you say, perhaps you would want to drop the studies in Portugal from your resumé when applying for a visa for Germany. If the program lasts longer than 3 months, it's a dead giveaway you did something wrong that you can't say you had a student visa for Portugal.
Cheers,
Bev

[Bevdeforges]

Originally Posted by porsche914

Maybe this is a simple question, but I haven't seen anything online that clears this up for me. I am in a similar situation having studied for the year in France with my student visa and Carte de séjour, but I am to finish my studies in the UK. Can I apply for my Visa while in France? Or, do I have to go back to the US to apply for this?? Any help is greatly appreciated!

Which visa are you concerned with? Your visa for the UK?

If that's the case, I'd check with your school first. If this is a program that spans a couple of countries, they ought to have some experience with how you get the visa for the second country.

If you're planning on starting a new study program in the UK, technically you should be able to apply from France, as long as you are "resident" in France.
Cheers,
Bev

[porsche914]

Originally Posted by Bevdeforges

Which visa are you concerned with? Your visa for the UK?

If that's the case, I'd check with your school first. If this is a program that spans a couple of countries, they ought to have some experience with how you get the visa for the second country.

If you're planning on starting a new study program in the UK, technically you should be able to apply from France, as long as you are "resident" in France.
Cheers,
Bev

Hey Bev,

Thanks for the help! It is for my UK visa, I have been trying to get help from the French school because it is a program over two countries. The problem is I am the first non-EU student to attend this program. They are not used to the visa requirements, and are not able to help much. Quick question, does having a, "Carte de séjour" entitle the necessary residency to apply for the UK visa within France?

Many thanks!

[Bevdeforges]

Originally Posted by porsche914

Hey Bev,

Thanks for the help! It is for my UK visa, I have been trying to get help from the French school because it is a program over two countries. The problem is I am the first non-EU student to attend this program. They are not used to the visa requirements, and are not able to help much. Quick question, does having a, "Carte de séjour" entitle the necessary residency to apply for the UK visa within France?

Many thanks!

Quick answer: it should.

Longer answer: Sometimes it just confuses things - and you don't want to confuse a government official. Officially you are supposed to apply for a visa from the consulate in the country in which you are resident. This is (I suppose) to prevent folks just popping across the border into the next door country when they decide that maybe they'll stick around after a particularly pleasant vacation trip.

The problem comes with us Yanks who try to apply for visas while resident in Europe somewhere. The civil servants at the consulate may not want to deal with something that is a bit outside their usual box. Be polite, but insistent.
Cheers,
Bev

[porsche914]

Originally Posted by Bevdeforges

Quick answer: it should.

Longer answer: Sometimes it just confuses things - and you don't want to confuse a government official. Officially you are supposed to apply for a visa from the consulate in the country in which you are resident. This is (I suppose) to prevent folks just popping across the border into the next door country when they decide that maybe they'll stick around after a particularly pleasant vacation trip.

The problem comes with us Yanks who try to apply for visas while resident in Europe somewhere. The civil servants at the consulate may not want to deal with something that is a bit outside their usual box. Be polite, but insistent.
Cheers,
Bev

I greatly appreciate even a modicum of reassurance! As a student I've come to study and to learn, so no matter the difficulties at the end of the day I hope that a reach for knowledge is not thwarted by the labors of precedent.