After my prolongation of student visa rejection in Austria, can i re-enter Austria and apply for it again inside Austria?

Question

Introduction

Hi, I am a 21 years old South Korean student who is currently enrolled in Vienna University, Austria. (Started my Bachelor From 2016Winter semester to this current semester 2019Winter semester).

How I got the prolongation rejected

For Prolongation of Residence permit - student visa(Student Aufenthaltstitel) in Austria, Students from 3rd nationals(Non-EU students) should get at least 15 credits a year. However, I got 9 credits in the 2018Winter semester and 0 credits in 2019Summer semester as i had depression, anxiety which disturbed me studying for exams.

Thus, the prolongation of Residence permit - student visa Visa got rejected I did make a complaint against it but was rejected as they only accept reasons like serious sickness, accident etc (I could have done a mental test at a hospital but i only knew this when it was too late..)

What I did after

My Residence permit - student visa was from 2018.November.12 to 2019.November.12. Therefore, i did de-registeration from my residence dormitory in Vienna(Wohnsitz abmelden) and then I flew from Hungary to Ukraine on November.10 and i am going to Hungary on 14.November(Today) because

1. The long-stay visa does not count for the purpose of 90/180 rule.

   Periods of stay authorised under a residence permit or a long-stay visa shall not be taken into account in the calculation of the duration of stay on the territory of the Member States. Reference from Schengen Border code in Article 6

2. As a South Korean citizen, I do not need to apply for a visa when entering European countries Reference

3. I have also heard from Magistrat 35(The Central Immigration office in Vienna) that i can re-apply for a Residence permit - student visa again. (They told me i could apply for it from the beginning of the December but don't have source, anyone?)

Questions

1. My question is, can i apply for a new Residence permit - student visa while in Austria or another Schengen country like Hungary? or should i go back to South Korea to apply for a new student visa? because i have confirmation of this year study at the university. According to sources i found on this stackexchange

   citizens from 13 countries(Including South Korea) can in any case enter Germany without visa and apply for a student permit in the country. Link

and I wonder if there is similar rule for Austria or the same in Austria.

2. I flew from Budapest to Ukraine, then would i have problem when applying for a visa in Austria? as i might have not been entitled as "left from Austria" in Austria immigration authority database?

   First thing that you should know, is that an overstayed visa never goes unnoticed. The immigration authorities have registered in their databases every person that enters and leaves the Schengen, and every overstaying, even just for a day, is recorded. Link

3. As I have no Visa in Austria right now, am i going to be automatically deregistered from Vienna University also? or are the immigration authority and vienna university do not interfere in such situation? At the moment on the website it is said, i am still registered and have the confirmation of this 2019 Winter semester.

4. What would be the best thing for me to do right now? I want to continue my study. Please advise me what to do in such situation.. I very much thank everyone in advance.

Notice By the way, i am not applying for VISA C or D in Austria but Residence permit - student which is up to 12 months(Student Aufenthaltstitel) Link Link in English

Answer 1

1): South Koreans do not need a visa to enter Austria

Fremde, die an sich zur visumfreien Einreise berechtigt sind

• so as a South Korean, you may make the initial application inside Austria

2): as a visa free citizen, the 90/180 rule starts after the residence permit ends

3): since you have already seen from their site that that you are still registered, immigration has obviously not reported your renewal rejection.
So I'm not sure what type of answer you are expecting here.

4): Get your residence permit in order

• since your previous permit has expired, it can no longer be prolonged
  • more so since the extension application has already been refused

So the initial application must be done again.

Assume they will take the previous refusal into consideration.

Since a greater portion of the University costs are paid through public funds, you should assume that your failure in the last year to achive the needed credits will be a deciding factor

• as a 3rd country citizen, the semester fee of € 726,72 does not cover the costs

They may come to the conclusion that the University position should be granted to someone more worthwhile. Part of their job is to insure that public funds are used effectively. These are hard realities that should not be ignored.

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Sources:

• "Aufenthaltsbewilligung – Student" – Antrag
• Allgemeines zum Erstantrag für Aufenthaltstitel für Österreich
• Aufenthaltsbewilligung – Verlängerungsantrag