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So I have a question if anyone can help me regarding the finer point of the Schengen visa!

I am an australian passport holder and I flew over to Amsterdam with my Australian partner on the 20th of February 2014. We then traveled by train to Berlin, where my partner is studying at university for a year. I returned to and flew out of Amsterdam at the end of May and returned to Australia.

My ticket to go back to visit my partner (for 6 weeks) would have me leaving Australia and entering Germany on the 5th of August 2014. This is 167 days after I entered the Netherlands in February.

Basically i want to know JUST HOW STRICT the Schengen visa requirements are. Would I be allowed in even though i am just shy of the 180 days? was my entry and exit from Amsterdam electronically recorded? Would it make a difference that I am returning to Germany and not the netherlands?

Any advice/experience would be much appreciated as i am meant to leave in just over a week, and didn't realise i hadn't made the exact 180 days.

closed as off-topic by Karlson, Gagravarr, Dirty-flow, adipro, Mark Mayo Jul 29 '14 at 7:58

  • This question does not appear to be about expatriates, within the scope defined in the help center.
If this question can be reworded to fit the rules in the help center, please edit the question.

  • Technically, as an Australian citizen, you don't have (and cannot get) a Schengen visa but you visited without a visa. – Gala Jul 27 '14 at 12:00
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    This question appears to be off-topic because it is about travel. – Karlson Jul 27 '14 at 15:26
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The rules are very strict, if you have used your 90 days, you should be denied entry unless you had some sort of long-stay visa (e.g. a partner visa for Germany or a working holiday visa somewhere), at least if the border guards notice it. If there are some days left (that would depend on the exact date you left in May), the 167 days do not matter as such. In principle, entering Germany instead of the Netherlands should not make any difference.

The main thing border guards use to enforce this rule are the entry and exit stamps you should have in your passport. There are no Schengen-wide database of entry and exit (there might be a Dutch or German one, though).

You can find a lot of relevant information on the travel SE site:

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My personal experience is that everything about "immigration" is completely strict.

While a particular officer might not (but also, might) notice, you might find that the airline will not let you board the flight, as they may be held responsible for flying you back if you were refused entry.

Also, the next time you applied for any visa to go anywhere ever, they will look at your travel history to make sure you abide by the rules. Any irregularities, and it's the easiest thing in the world to just decide to refuse you a visa. And once you have had a visa refused, you have to answer "yes" to the question "have you ever been refused a visa for any reason?" on all visa application forms, that guarantees that any future applications go to the "scrutinise these applications" pile.

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