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I am an Australian passport holder, I did not get any visas before travelling, while travelling I coincidentally left the Schengen area after 90 days. I never got a visa to travel in Europe because I didn't even know about the Schengen area rule until in UK. I am still travelling (currently in the UK) and have to go back to Italy after just two weeks out of the EU... will I be stopped? Do I actually need to get a visa to go to Italy? And while I'm in London should I go to the Italian embassy ?

If anyone has specific answers please comment, don't send me links to other questions with answers. So much information to read through about these laws it is just getting confusing.

hippietrail
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user9099
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    See http://travel.stackexchange.com/questions/13183/about-schengen-90-180-rule – Relaxed Nov 11 '13 at 18:58
  • Generally speaking, if you used up your visa-free period, I don't think you could easily get a visa. Unless you qualify for a long-term visa, you're not supposed to get a visa or go to the Italian embassy, you're supposed to postpone or cancel your trip. You simply don't have the right to stay in the Schengen area. The only possibility I see would be some special rule for Australians (there are some bilateral agreements and also the work holiday program but I am not sure if any of that applies in your particular case). – Relaxed Nov 11 '13 at 21:11
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    Also, we answer many questions but can't guess all the details of your personal situation, provide legal advice or replace official sources so I'm afraid that you will have to read stuff and figure things out for yourself in any case. – Relaxed Nov 11 '13 at 21:12
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    @Vince That's the gist of it but this particular answer is in fact not current anymore ;-) – Relaxed Nov 11 '13 at 21:13
  • This might be of interest: http://travel.stackexchange.com/questions/5813/how-can-i-extend-my-stay-in-europe-for-longer-than-90-in-180-days – Relaxed Nov 11 '13 at 21:18
  • Rereading your question, I notice one detail that make it somewhat distinct from previous questions. If you already overstayed once, you might indeed need to get a visa for future stays but if you have been caught overstaying less than two weeks ago, I can't imagine that you would get one. So the answer is still that you have to wait or go somewhere else. – Relaxed Nov 11 '13 at 21:21
  • okay to clear that up, it was literally a 91 days when they stamped my passport leaving france into Uk. and now to confuse even more... i grew up in italy and used to have residency, have a lot of family and italian papers, italian perents. the first place i travelled on this trip was italy but i was lazy and didnt renew any residency or actually get a passport which i could have easily done with all of my documents while i was actually there... Done a bit of reading now :p and i can see how its is going to be a tough decision..but – user9099 Nov 11 '13 at 22:25
  • reading this made me wonder http://australien.um.dk/en/travel-and-residence/short-stay-visas/bilateral-visa-agreements/ – user9099 Nov 11 '13 at 22:25
  • What if i caught a plane to Denmark and then one to Rome. Because denmarks already schengen area i dont think they would check my passport once i am in italy. but then once i left Italy they would .... if i had no further documents they would probably fine me as i left Italy but if i have organised some italian documents by then , i should be okay..? the real question is wheather i can get to italy without being stopped? – user9099 Nov 11 '13 at 22:31
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    If you actually have Italian citizenship, that's completely different! We really can't guess all this. The proper course of action would probably be to contact the Italian consulate, not to get a visa (which you neither need nor would get) but to get an (emergency) passport, ID card or, at worse, a laissez-passer/emergency travel document. If you are Italian, even if you don't have a passport at this point, you are basically entitled to stay and travel in the EU for as long as you like, it's just a matter of having that recognized. The consulate should have many ways to assist you. – Relaxed Nov 11 '13 at 23:52
  • In practice, the Denmark thing might work but is clearly a kind of “trick” to go around the rules and you could very well be refused there (if there is an entry in the SIS and they think you are at risk of overstaying again) or on the way to Italy (there are no systematic checks but there might be random one and, control or not, you would be staying illegally at this point – save for any Italian citizenship obviously). – Relaxed Nov 11 '13 at 23:55
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    Just one more clarification: To think about your situation, you must realize that there is a big distinction between holding citizenship in the eyes of the law and actually having a passport. If you are Italian, having no passport is an inconvenience but you have the right to go back to Italy and, after sorting out your situation, to travel in the EU. You only need to provide the kind of documentation that the consulate will require to check your claim. The rules about entry or stay for foreigners are not relevant. OTOH, if you are not Italian, getting to Italy legally seems difficult. – Relaxed Nov 12 '13 at 11:40
  • My mother is Italian, and six years ago i lived in Italy holding citizenship, residency and i also have a codice fiscale(which is basically a tax file number). These documents have expired now, which is why i think in the eyes of the law they wont count(as my only currently valid document is my PassP) – user9099 Nov 12 '13 at 12:27
  • Like for example if i am catching a plane fro London to Rome as they check my passport flying out they will see my aussie passp and say that i have travelled long enough in the ScengenAarea and deny entry, and then even if i show all those italian documents im worred they will just say that bcause they are expired i cant use them. Sure i may be able to use them to renew everything, get a PassP excetera, but when it comes to actually getting on the plane i dont think it will count. ?? – user9099 Nov 12 '13 at 12:27
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    Your Italian citizenship is based on jus sanguinis and does not "expire". Just go visit the nearest Italian consulate and get your Italian passport. – Michael Hampton Sep 21 '14 at 15:03

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