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Old 05.07.2011, 15:31
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Canadian girlfriend wants to stay with me for more than 90 days

Hi,

I've searched this forum, but to no avail. Am probably looking for the wrong thing.... so sorry if this question has been answered before.

So, here is the situation:
* I'm a UK citizen, here with a B permit
* My girlfriend is from Canada, and has been visiting me over the summer
* In her two trips here she will have got to 90 days out of 180days - which I believe is the limit for Schengen things.
* She wants to come back and visit me for another month or two later in the year.
* This will definitely push her over the tourist 90/180 days limit.

So the questions:

Anyone else been in this situation? Is there anything that can be done so that she can come back for a visit?

Is there a residency permit in Switzerland that she could apply for? She won't be working or studying here - just visiting. All the permits I looked at suggested working or studying were criteria.

Thanks in advance for any tips! And again, sorry if this has been answered elsewhere.
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Old 05.07.2011, 16:36
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Re: Canadian girlfriend wants to stay with me for more than 90 days

She needs an L permit, which would be availbale in theory. In practice, she'll need to show that she comes to Switzerland to travel or for medical treatment. There are also some permits available for those qualifying for income tax deals - unless she is insanely rich, that will be of no use to her.

Good luck. There's always marriage.
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Old 05.07.2011, 16:37
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Re: Canadian girlfriend wants to stay with me for more than 90 days

Er, that should read "as a stagiaire", not "to travel". Sorry.
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Old 05.07.2011, 17:10
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Re: Canadian girlfriend wants to stay with me for more than 90 days

Thanks for the response!

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Er, that should read "as a stagiaire", not "to travel". Sorry.
Am I correct in assuming that is "trainee"?

She is actually a student in Canada. Does that mean anything for the L permit?
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Old 05.07.2011, 17:17
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Re: Canadian girlfriend wants to stay with me for more than 90 days

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She is actually a student in Canada. Does that mean anything for the L permit?
No, nothing at all. But maybe the college she attends can arrange an exchange with a Swiss college - long shop but to be honest you haven't really got any options. The visa waiver scheme is pretty clear and if the 90 days are then they are up.
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Old 05.07.2011, 17:38
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Re: Canadian girlfriend wants to stay with me for more than 90 days

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Thanks for the response!



Am I correct in assuming that is "trainee"?

She is actually a student in Canada. Does that mean anything for the L permit?
"Intern" more like.
Does your girlfriend qualify for the Youth Mobility Program?
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Old 05.07.2011, 19:11
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Re: Canadian girlfriend wants to stay with me for more than 90 days

does a Canadian need a Schengen visa? Does she come into Switzerland directly or to Italy?

without considering the legal aspects, if she needs Schengen then she does not have the chance to be under the radar.

I know a UK couple in the "old days" where he had permit and work and she was just "here".
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Old 05.07.2011, 19:30
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Re: Canadian girlfriend wants to stay with me for more than 90 days

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does a Canadian need a Schengen visa? Does she come into Switzerland directly or to Italy?

without considering the legal aspects, if she needs Schengen then she does not have the chance to be under the radar.

I know a UK couple in the "old days" where he had permit and work and she was just "here".

Crossings are always recorded, with or without visas. So, if she leaves, comes back, leaves and comes back but has a cumulative presence greater than 90 days in a 180 day period, then she would be subject to being refused entry on her next arrival, as presence is established and the immigration authority will have reason to believe she is living in the Schengen zone without permission.

It won't matter if she uses a different airport for each flight. The crossing will be recorded and she'll be flagged.

Now... whether or not the officer chooses to notice or do anything about it is a completely different story.
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Old 05.07.2011, 19:31
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Re: Canadian girlfriend wants to stay with me for more than 90 days

My understanding is that she doesn't need a visa and there is a visa waiver program for tourists. But this only applies to stays of 90 days in 180.

What's irritating is she has no intention of permanently staying, being illegal or being in the country for more than 90 days in each stretch... grrrr
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Old 05.07.2011, 19:33
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Re: Canadian girlfriend wants to stay with me for more than 90 days

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Crossings are always recorded, with or without visas. So, if she leaves, comes back, leaves and comes back but has a cumulative presence greater than 90 days in a 180 day period, then she would be subject to being refused entry on her next arrival, as presence is established and the immigration authority will have reason to believe she is living in the Schengen zone without permission.

It won't matter if she uses a different airport for each flight. The crossing will be recorded and she'll be flagged.

Now... whether or not the officer chooses to notice or do anything about it is a completely different story.
you think Brussels is that organised?
you think data protection directives (created by the EU) allows this?

My question stands - what happens with a Canadian passport when you pass through an entry point? With a US passport, there is no Schengen visa required.
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Old 05.07.2011, 19:36
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Re: Canadian girlfriend wants to stay with me for more than 90 days

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Now... whether or not the officer chooses to notice or do anything about it is a completely different story.
i remember worrying about this when i was in a long distance relationship with my swiss boyfriend (now husband). i overstayed my welcome often, but an officer never stopped me. with that said, this was several years ago, and even still, results may vary.

a previous poster mentioned the idea of doing some kind of official stay in switzerland. i second that idea. i did two separate university exchanges as part of our long distance relationship and it was great for me personally, professionally, and academically.
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Old 05.07.2011, 19:40
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Re: Canadian girlfriend wants to stay with me for more than 90 days

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you think Brussels is that organised?
you think data protection directives (created by the EU) allows this?

My question stands - what happens with a Canadian passport when you pass through an entry point? With a US passport, there is no Schengen visa required.
Canadians don't require a Schengen visa for pleasure visits up to 90 days.
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Old 05.07.2011, 19:50
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Re: Canadian girlfriend wants to stay with me for more than 90 days

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My question stands - what happens with a Canadian passport when you pass through an entry point? With a US passport, there is no Schengen visa required.
Rules for Canadian passports are generally the same as for a US passport. Canada is also a Liechtenstein treaty country.
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Old 05.07.2011, 20:22
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Re: Canadian girlfriend wants to stay with me for more than 90 days

Hmm. Perhaps I'm misunderstanding things (quite likely)... but I thought Canada had a visa waiver with respect to schengen. So even though not having a piece of paper, the rules applied.

What is this Lichtenstein treaty? This is the first time I've heard of this. Is there a good website with highlights? To the google....!

As for the other questions: she has entered/exited through Italy both times before. And they have stamped the passport for both entry/exit. She doesn't know if they scanned it.

We're now also going to look into the uni-exchange program idea. But I know for sure there isn't an agreement in place right now
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Old 05.07.2011, 20:32
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Re: Canadian girlfriend wants to stay with me for more than 90 days

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but I thought Canada had a visa waiver with respect to schengen.
There is a common misconception that under visa waiver programs, a visa is never required, and this is false. Visa waivers are for tourism and short business stays where the income generated is paid by an employer outside of the country visited. e.g. if visiting France on business, your employer is in Canada, pays you in Canadian dollars, etc.

If one is establishing a presence (work, residency, study) in a country where they are not a citizen, then a visa is always required.

Staying in a country more than 90 days within a 180 day period, where one has entered as a visa waiver eligible constitutes establishing presence.
This is when one becomes an "illegal alien".

If discovered it can result in being barred from re-entering that country for a period of 5-7 years, depending on the country.

And of course, I'm using "country" to be general, but it also applies to the entire Schengen zone.
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Old 05.07.2011, 20:33
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Re: Canadian girlfriend wants to stay with me for more than 90 days

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We're now also going to look into the uni-exchange program idea. But I know for sure there isn't an agreement in place right now
i thought this program through kent state university was excellent!

http://www.kent.edu/studyabroad/geneva/index.cfm

especially loved the opportunity to have an internship with a UN agency .
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Old 06.07.2011, 08:44
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Re: Canadian girlfriend wants to stay with me for more than 90 days

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you think Brussels is that organised?
you think data protection directives (created by the EU) allows this?
Yes and yes.

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My question stands - what happens with a Canadian passport when you pass through an entry point? With a US passport, there is no Schengen visa required.
When a passport (doesn't matter which country) is scanned upon entry to a Schengen country from outside the Schengen area (or upon exiting the Schengen zone), a record is created and matched to previous entry and exit records. If your passport allows short-term entry without a visa on a visa waiver program, you may enter. If you are "over the limit" for the visa waiver program, you will be refused entry. If you exit after overstaying, you may get lucky in the sense that you will not face any immediate consequences (you're on your way out after all), but there will be a record of you having overstayed. If the officer suspects foul play (e.g. you having worked w/o a permit), things can quickly take a turn for the worse.

And yes, that applies no only to funny countries from Africa or suchlike, but to the US and Canada as well.
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Old 06.07.2011, 08:51
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Re: Canadian girlfriend wants to stay with me for more than 90 days

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With a US passport, there is no Schengen visa required.
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Canadians don't require a Schengen visa for pleasure visits up to 90 days.
You mistake the requirement for a visa with the requirement to physically apply for a visa. All countries in the visa waiver scheme can visit Schengen for 90 days without applying for a visa but the visa is still in effect and all the normal rules apply.
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