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