Bastiaan Brink
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Bilateral Agreement Australia Germany
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Visa waiver agreements differ in some areas. If you want to take advantage of these agreements, you should be aware that you are not breaking the rules. For most immigration officers in the Schengen area, the right of Australian passport holders to travel freely is subject to the 90 days allowed by the Schengen Agreements. If you have stayed longer under a bilateral visa waiver agreement, you may need to prove its existence. Once you have developed your itinerary, write to the relevant embassies in Canberra and present as briefly as possible your plans for the time you stay in your country and elsewhere in the Schengen area and you have a printed copy of your answer – you will probably need it. For questions about the short-term Schengen visa for travellers, please contact VFS Global: www.vfsglobal.com/austria/australia/Tel: (02) 8278 4527 (Mo – Fr, 9 a.m – 17.m.) E-mail: info.jvac-au@vfshelpline.com I travelled for about three months within the Schengen area, I spent some time in the UK, then I stayed almost three months in Germany as part of the bilateral agreement. Is it normal for me to now go directly from Germany to the Netherlands and enter the country through the Schengen agreements? Under this agreement, the duration of a stay in Germany may not exceed 90 days, but the number of entries to Germany is not limited. To enter Germany for an additional 90 days, visitors must leave Germany for any other non-Schengen country and can return the same day. Since visitors must be able to document the period they have spent in Germany, we recommend entering and leaving a German airport to obtain an official entry and departure stamp in their passport. Therefore, if you enter another Schengen country than France and stay for 30 days, you can only stay in France for the remaining 60 days of your allowance, in accordance with the Schengen agreements. However, if, for example, you enter France from the United Kingdom and enter another Schengen country before entering another Schengen country, you could stay for up to three months under the visa waiver agreement, without the deadline granted by the Schengen Agreement being taken away from you.

Under this agreement, the duration of a stay in Germany may not exceed 90 days, but the number of entries to Germany is not limited. In order to enter Germany for an additional 90 days, visitors must leave Germany in any other country (outside the Schengen countries such as Great Britain or Croatia, to name a few) and may return the same day. Citizens of other countries have to wait 90 days to be able to re-enter the Schengen states, but the agreement is a special agreement between Germany and Australia and is aimed at Australians travelling through the Schengen states who wish to stay an additional 90 days in Germany. All you have to do is make sure that you leave the Schengen area before your first 90 days are over. You must leave the Schengen area to a non-Schengen country like England… then you can enter again you have to document your travels completely. Suppose you spend 90 days in the Schengen area and cross the border from Italy to Austria. Under the visa waiver agreement between Australia and Austria, you have the right to stay in Austria for up to 90 days. However, in the absence of border controls between Italy and Austria, your passport does not contain documents proving that you have “left” the Schengen area and that Austria has “entered” the visa waiver agreement. Later, it could happen to an immigration officer that you have exceeded the 90-day limit that allows you to stay in the Schengen area. If you are considered injured and you cannot prove anything else, this is a serious offence, with possible penalties, such as a fine, expulsion, a reference to your passport and a ban on entry.

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