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I wish to travel as follows (and stay within visa rules everywhere, obviously):

  • Slovenia 2 days (this is where I will enter Schegen)
  • Austria 10 days
  • Czech Republic 3 days
  • Spain 45 days

This is total of 60 days within Schengen. Then at a later time, but within 180 days, I would like to spend more than 30 days in Estonia.

According to Visa Requirements for Australian Citizens bilateral agreements are in place between Australia and both Spain and Austria.

What can I do to ensure that my time in Spain and Austria is counted under these bilateral agreements and not considered to be part of the 90 day allowance within the Schengen region when I enter Estonia?

  • Will your entry into Estonia be more than 90 days after your exit from Spain? For example, if you enter on 1 July and spend 60 days, you'll leave on 29 August. If you then remain out for 90 or more days, reentering on 28 November or later, you can stay for 90 days on your second visit. If you reenter before 28 November, you will be limited to 30 days. I mention this because the day counting rules are not intuitive to most people. People also often misunderstand how to add days spent in multiple Schengen countries. – phoog Sep 11 '18 at 14:51
  • No. It'll likely be about 3 or 4 weeks in UK after Spain. – WW. Sep 11 '18 at 16:24
  • Then you should seek a bilateral agreement for Estonia, not Spain. You need Estonia to accept you. – Vladimir F Sep 11 '18 at 16:38
  • @VladimirF but there is no such bilateral agreement. The only solution here seems to be applying for a type D national visa. I've added another paragraph to my answer about this. WW: if you take this route, please come back and post an answer or comment to let us know what happens. – phoog Sep 11 '18 at 16:44
  • I've corresponded with the Estonian consulate in Canberra and they advised there is no suitable visa for me – WW. Sep 11 '18 at 20:32
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For days to count under a bilateral agreement but not the 90/180 rule, you must have exhausted your 90/180 rule days but not your bilateral agreement days. So you would have to finish your stay in Spain or Austria and leave the Schengen area directly from one of those countries.

Spending your time in Estonia at a later time, therefore, will not be possible.

Note that the Australian embassy in Spain makes no mention of a bilateral agreement. The Austrian government, however, has a fact sheet that strongly implies that any stay under the bilateral waiver must occur after a previous stay in the Schengen area. It also requires leaving and reentering Austria directly (i.e., by air). I could not find analogous information from Spain.

The Wikipedia article links to the 1961 agreement with Spain, which is not explicit about how it interacts with Schengen rules because the Schengen area did not exist in 1961.

The relevant part of Schengen legislation is Article 20(2) of the Convention Implementing the Schengen Agreement. The first two paragraphs of Article 20:

Article 20

  1. Aliens not subject to a visa requirement may move freely within the territories of the Contracting Parties for a maximum period of three months during the six months following the date of first entry, provided that they fulfil the entry conditions referred to in Article 5(1)(a), (c), (d) and (e).

  2. Paragraph 1 shall not affect each Contracting Party's right to extend beyond three months an alien's stay in its territory in exceptional circumstances or in accordance with a bilateral agreement concluded before the entry into force of this Convention.

Once more, the provision concerns "extending" the stay beyond three months based on the bilateral agreement. It does not seem possible to invoke the agreement earlier so as to be able to stay for an additional period in a country with which Australia does not have a bilateral agreement.

The only way to do this, I fear, is to rearrange your travel to comply with the 90/180 rule, or to get a national visa for Estonia. That would remove the days spent in the Estonia from the 90/180 calculation. The problem is that there may not be a national visa category that is appropriate for your visit, and Estonia is unlikely to entertain the application because you are not planning to be there for more than 90 days. But you can always try. Be certain to mention in your application that you are applying because you need to go to Estonia for a period of stay that would exceed the 90/180 rule. The website of the Estonian embassy in Canberra is at http://canberra.vm.ee/consular_information.

You may also be able to extend your stay in Estonia by applying for a residence permit after you arrive, but I would be extremely cautious about this as there does not appear to be a category of residence permit that is likely to apply to you.

  • 5
    @Rogem a frivolous asylum application isn't going to help anything. – phoog Sep 11 '18 at 17:30
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    Neither will a frivolous residence permit; they're intended for people who want to live in a nation, not for people wanting to skirt applying for a visa. – user82529 Sep 11 '18 at 17:32
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    @Rogem some Schengen countries issue residence permits to visitors who want to stay for longer than 90 days without necessarily "living" in the country in the usual sense of the word. France, for example has such a permit. I wasn't suggesting a frivolous residence permit application, but an avenue of investigation that might turn up an Estonian residence permit appropriate to the asker's circumstances (despite the fact that my cursory search didn't find one). – phoog Sep 11 '18 at 18:55
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    @Rogem There's also the question of whether a residence permit application may be submitted in the country without first having obtained a national visa abroad. Some Schengen countries permit this, at least for applicants from certain third countries. I was not suggesting a way of skirting any visa requirement, but rather the possibility that there might be a legitimate path to extending the stay in Estonia that didn't require applying for a visa. As far as I can tell it's unlikely, which is why I suggested caution, but I am not certain that it is impossible. – phoog Sep 11 '18 at 19:06
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    So, long story short: get a visa for Estonia. – Mast Sep 11 '18 at 20:20

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