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I'm from Tunisia and I got a Schengen visa from Malta for 45 days only but the validity of the visa is from 11/02/2014 to 09/08/2014, multi entry. I went to Malta the 16/02/2014 using that visa and I stayed there 45 days exactly I exited the 02/04/2014. I went back to the embassy of Malta in Tunisia and applied for another visa to Malta, but they told me that I can apply for another visa only when the previous one expires, which will be on 09/08/2014. And I cannot wait till that time.

So they give me another option, namely using the same visa to re-enter Malta but I have to stay 45 days out of the Schengen zone from the day of my exit. This is have been told by the consultant himself. I would like to know if there is such a thing.

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user13523
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  • The rule always was 90/180 – Nean Der Thal May 07 '14 at 09:49
  • You have a multi entry visa why do you need to apply for another until this one expires? – Karlson May 07 '14 at 10:02
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    Thanks for the replay , the thing is the duration of my visa is 45 days and I already stayed exactly 45 days in the schengen zone – user13523 May 07 '14 at 10:09
  • @MeNoTalk That's the overall limit (also for visas valid for more than one year and for people who are allowed to visit without a visa) but it's possible to grant a visa with a shorter duration of stay. – Relaxed May 07 '14 at 10:59
  • @Annoyed have you got any answer for this , is it safe to travel ? The embassy have told me that I can re-enter Malta after 45 days with the same visa , is that possible ? There is no where online same's have this king of provle – user13523 May 07 '14 at 11:07

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The advice you received is a bit surprising. It's true that you cannot get a Schengen visa that would overlap with another valid Schengen visa but it seems strange that a visa that has already been used would count as a valid visa. In any case, it should be possible for the Maltese consulate to invalidate their own visa and replace it with another one if they want. The only thing that they cannot do under any circumstance is grant you another uniform Schengen visa if you have already stayed more than 90 days in the area in the last 180 days.

Now, if you visa mentions 45 days under “duration of stay”, then you are still allowed to stay another 45 days before hitting the 90 days limit but not with this visa. So if you used up your 45 days, you definitely need another visa to reenter the Schengen area. In any case, the advice about staying 45 days outside of the Schengen area makes no sense to me. Did you perhaps stay in the Schengen area on another visa before February?

In any case, if you already used up the duration of stay mentioned on your visa, I don't think it's safe to travel.

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  • Thank you for your answer , yes I have another on November 2013 it was touristic for 30 days single entry and I used it – user13523 May 07 '14 at 11:12
  • @user13523 Then there are only 15 days left before June 2014 (November + 6 months) as all stays count. That might be the reason why you got only 45 days in the first place. The advice still doesn't sound exactly right but Malta cannot grant you more than 90 days in total over any 180-day period. See also this calculator. – Relaxed May 07 '14 at 11:16
  • Yes the visa I'm having now is for 45 days in any period of 180 days , I already stayed in Malta exactly 45 days , now is it possible to go back with the same visa for another 45 days ? Even if it mention on the visa just 45 days ? (Multi entry ) My visa will expire on august – user13523 May 07 '14 at 11:22
  • @user13523 No, I don't think so. My understanding is that Malta should be able to cancel this visa and issue another one, with the regular 90 days limit. The previous 30 + 45 days would still count according to the regular rules but you should be able to stay 15 days between now and June and another 30 days between June and August. – Relaxed May 07 '14 at 11:28
  • I'm sorry for asking a lot of question , but the 30 days and the 45 days are totally diferent visas , the 30 days visa it's been expired I'm only considerent about the 45 days visa is it still usefull even I have used the 45 days already ? And now I'm out of the schengen zone , – user13523 May 07 '14 at 11:40
  • @user13523 The 45 days on your visa and the 90 days limit are two different things. The second limit cannot be extended, even with a new visa. In any case, like I said, I don't think you can enter the Schengen area in your current situation. You need a new visa and even if you got one, you would be limited by your previous stays. – Relaxed May 07 '14 at 11:54