So I have asked about the possibility of entering Austria visa-free (El Salvador Passport) 9 days BEFORE the validity of my Visa D. The Austrian consulates in the US say they issue D Visas with a validity starting at first day of enrollment/employment if the passport holder can enter visa-free. This seems to be supported and has been done by some on this site. I will also travel with emails from the consulates that will back me up.

My question now is: Let's say the border officer ignores this and does not let me enter, will he/she invalidate my visa automatically or are they allowed to leave it untouched?

  • You're asking that supposing a border guard doesn't follow the rules he's supposed to work by, what do the rules he is ignoring anyway say he should or shouldn't do with your visa? – hmakholm left over Monica Aug 11 '19 at 21:00
  • @HenningMakholm good point lol. I mean there's nothing in the border code that says explicitly that this is or isn't allowed. If it does then I've missed it. Also, I have yet to find a section on what should be done regarding the treatment of a visa after refusal of entry. – Ozzy Aug 11 '19 at 21:02
  • Article 6.2, second sentence. There is some controversy regarding whether a subsequent "visa run" is necessary for "changing status", but there is no plausible argument at all that a not-yet-valid D visa would be cause to refuse entry in the first place for a short visit. Article 6.1 exhaustively enumerates the conditions that may be required. – hmakholm left over Monica Aug 11 '19 at 21:04
  • @HenningMakholm Yeah I've read that and have traveled to Schengen with ZERO trouble previously. I'm just unreasonably nervous for this move. I also find it interesting how relatively simple the code is, in stark contrast to US immigration laws. Thanks for the info. Appreciate it – Ozzy Aug 11 '19 at 21:27
  • It depends a lot on the reason they would deny entry. If they something is wrong (you will be starting earlier than stated, you will be working undeclared while you pretended to enrol in a course, you have a fake passport, for instance), then yes, it would be a good reason to deny entry AND cancel the visa. But if you have been truthful and there’s no mismatch between your application and what you will actually do, there is no reason for either. I’m not sure there’s much of a reason for anything in between... – jcaron Aug 11 '19 at 22:54

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