1

I have been using my 90 day Schengen visa to the Netherlands and am about to re-apply. My MVV (temporary residence permit) got rejected therefore I need to reschedule our wedding etc.

Can I apply 180 days after my first entry date?


Edit (not from OP) to transfer details from a Comment:

I entered NL on June, 30th 2016, exit Sept 27th, 2016. Then got my rejection of my MVV on Dec 9th 2016. I was thinking to go again in Jan 10, 2017. The reason of the refusal was because my partner is a freelancer, tho his earning for 2 months covers 1 year salary that is required.

  • 1
    You cannot in any case stay more than 90 days in any 180-day period on foot of a Schengen uniform short-stay visa. Whether you can come back or not therefore depends on when you used your 90 days but applying for a new visa immediately after staying 3 months in the Schengen area would do you no good. Another bad news is that the fact you tried to get a MVV suggests you are really trying to immigrate and could therefore lead any subsequent Schengen visa application to be refused. – Relaxed Dec 19 '16 at 14:04
  • The MVV would be the way to go to stay longer in the Netherlands but if you already got a refusal, you need to figure out how to improve your application before trying again. There are also other strategies like living with your soon-to-be spouse in another EU country before coming back to the Netherlands (if the spouse in question is Dutch). Maybe you should ask a question about the MVV on the expatriates website? – Relaxed Dec 19 '16 at 14:06
  • 2
    When does your visa expire? – phoog Dec 19 '16 at 14:19
  • I entered NL on June, 30th 2016, exit Sept 27th, 2016. Then got my rejection of my MVV on Dec 9th 2016. I was thinking to go again in Jan 10, 2017. The reason of the refusal was because my partner is a freelancer, tho his earning for 2 months covers 1 year salary that is required. – Itirkasari Dec 19 '16 at 14:44
  • "his earning for 2 months covers 1 year salary..." ... no, his earning for 2 months is 2 months earnings. In addition to understanding the total year's wages (and if they meet some minimum amount) they will also want to ensure your (future) partner is a wage earner, able to keep a job and be a productive member of society – CGCampbell Dec 30 '16 at 20:46
1

You say in a comment that you entered the Schengen area on June 30th and stayed there for 90 consecutive days.

The earliest date you will be allowed to enter again based on a short-stay visa will be after you have been out for 90 days, which is, on December 27.

You're not saying whether your visa has expired or not. This is relevant information, because if the validity period of your visa is 6 months or more, then even though its "duration of stay" field says 90 days, that means "90 days in any 180 days", and you can use the same visa for a subsequent entry -- the days on a long-duration (but short stay) visa do not "run out".

If you need a new visa, then you can apply for it up to 3 months before your intended date of travel.

However, even though you can apply for a new visa, the outlook is not terribly good: As Relaxed notes, having applied for (but been denied) a residence permit will probably harm your chances of being granted a new short-stay visa, since it casts doubt on your motivation to leave the area after your trip.

  • 2
    @pnuts: Why do you think I would think that would be "inadvisable"? If you think it is "inadvisable" to apply (for the same travel dates) later rather than sooner, you could perhaps explain where you get that opinion from? – Henning Makholm Dec 19 '16 at 15:54
  • Just to add more information, the validity period was 27th sept 2017 - 12 oct 2016. – Itirkasari Dec 20 '16 at 2:49
-1

Since you were refused for a resident permit, your best course of action would be to apply for a visa in another Schengen Zone country, but you will still be subject to the 90/180 rule. So, you could apply whenever, but not have a start date earlier than 90 days after your previous visa expired.

TL;DR - you must leave Schengen Zone for at least 90 days before re-entering. The only exceptions could be medical emergency.

  • Why do you say it has to be from a different country? And do you have a link to an official site? – Willeke Feb 25 at 11:09

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.