Transit through Amsterdam, Holland

Hi,

I am a citizen of India. I am studying in Spain for the semester on a Student Visa (Type D). The validity period of the visa ends on the 3rd of December, but under observations it says "Studies for 180 Days". After my semester ends on December 19th (I was told that the Remarks portion cancels out the early expiration date), I'll be flying back to the USA where I normally study on a student visa. On the way back, however, I wanted to stop at Amsterdam to check out the city a bit (from Dec 19th to Dec 23rd). So, I'll be doing a transit for 4 days through Amsterdam on my way back to the US; I'll be flying from Spain to Holland, staying there for 4 days and then flying out to the USA. Am I allowed to do that on my visa? The details of my visa are given below; I appreciate all help given, thank you:

Valid for: Spain (+1 TRANS.05 SCHENGEN)
From 04-09-07 Until 03-12-07
Type of Visa: D
Number of Entries: 01
Duration of Stay: 90 Days
Issued in: New Delhi on 04-09-07
Remarks: Studies for 180 Days

Also, the "+1 Trans.05 Schengen" portion-- what does that mean exactly? Thank you!

The "transit Schengen "referred to in your visa allowed you to transit during a maximum of 5 days on your way to go to Spain, not on your way back.

Normally, the Spanish authorities should have given you a residence card valid during your stay in Spain and that residence card would have allowed you to travel within the Schengen space during its periode of validity. I understand that they did not issue such card.

Therefore, you need a visa to transit through the Netherlands.

Hi,

Thank you for your response. Yeah, they didn't give me a residence permit because I am only a semester student. They only give those to year-long students. Also, I tried applying for a visa, but they told me that I can only apply for a visa from my country of residence. So, I would have to go all they back to India, which is something I can't do. Are there any other options for me? Thank you for all your help!

There is no legal reason why the Dutch embassy or consulate in Madrid would not give you a transit visa. You should insist.

I will give them a call tomorrow and insist that they give me the transit visa. Also, I forgot to mention that I have a valid Student Visa (F-1) for the USA up until June 2009. Does that make any difference? I know some countries change transit rules for people holding valid US visas. I'm sure this isn't the exact forum to be asking this in, but I spoke to the embassy personnel about this and they literally had no idea. Thanks!

The fact that you have a valid US visa does not make any difference in your case.

It would make a difference in the following situation:

For example, you are in India and you want to go to London via Berlin airport international zone, withoçut leaving that zone. Though Indian nationals need an airport transit visa (ATV) for Germany, US visa holders are exempted from that formality.

It does not apply to you as you are already in the Schengen space therefore outside the international zone of any Schengen airport.

Thank you once again for your help. One more question: if I get the transit visa for five days, will it allow me to leave the airport and see the city? Or, will I have to stay in a specific location for those five days?

A transit visa is just for transit between two planes or through the Shengen area to go for instance from Morocco to London. So, if you wish just to transit, you should request a transit visa.

If you wish to visit Amsterdam, you need to request a short stay visa, whatever the length of your stay, even one day

So, if I have a four day layover in Amsterdam, I will have to request for a short-stay visa instead of a transit visa? From what I understand, there are two types of transit visas: airport transit visa (Type A) and a transit visa (Type B). If I was just switching planes, then I'd apply for an airport transit visa, but if I had a long layover (of more than 24 hours), I could apply for a transit (Type B) visa so that I could spend those nights at a hotel in the city. Correct me if I am wrong please. Hence, so far my trip is from Spain to Holland to USA; and Holland is where I have a four day layover. Thanks!!!

Yes, you would have to request a short stay visa even for 4 days.

Now, regarding transit visas, you are right when you say that there are two types:
- "A" transit visa or "airport transit visa" which does not allow you to leave the international zone of the airport
- "B" transit visa whixh allows you to leave the international zone to spend the night in a hotel for example between two planes

An "A" airport transit visa makes sense only for people coming from an airport outside the Schengen area, transiting through a Schengen airport to go to an other airport outside the Schengen area.

It would make no sens for someone who is already in the Schengen area and who is already outside the international zone.

Thank you for all the information. I spoke to the Netherlands Embassy once again today and they stood fast to what they said initially. They said that they aren't allowed to give visas to persons already within Schengen territory. I insisted once again, but they did not change their minds. So, I called the embassies of a few other Schengen countries, and they told me the exact same thing. They said that there is no provision to apply for Schengen visas from within Schengen territory. I then went to the local Foreign Police office, which issues residence permits, and they said that I couldn't apply for a residence permit because I am only a semester long student. So, I am basically out of options. I have spent about a thousand dollars booking this flight back to the US that happened to have a four-day layover in Amsterdam, and now I don't know what to do. I have no more money to book another flight, nor can I refund/change these tickets. Are there no other options? I appreciate all the help I can get. Thank you very much.

I would take the chance to fly through Amsterdam. There is no immigration control when you arrive in Amsterdam from any Spanish airport as you travel within the Schengen area. Just like traveling in the US from LA to New York.

The worst which could happen to you is that the police (if they ever catch you) would put you on an earlier flight. But they wouldn't take the trouble.

The risk is worth considering in your position.

A flight to where? Would they send me back to Spain... or an earlier flight to the US? Could they also deport me back to India? Also, say that I do make it out of the airport without anyone checking my passport. Wouldn't they look at my passport while I am leaving Holland to go to the US? If they see that I have a Type D visa that is valid only for Spain, wouldn't they realize that I've been in Holland illegally for the past four days and take some legal action against me for that? I know I'm asking a lot of questions, but I'm in a terrible situation: my family makes no money and all the money I had left, I spent on this ticket back to the US. I have no other option really. Thank you.

An earlier flight to NY. They wouln't deport you to India as the Dutch government would have to pay your air ticket.

I understand the French consulate in Madrid issues visas to persons in your situation, who have to cach a plane in Paris.

Let me try to get information today on why the Dutch consulate wouldn't give visas to people in your situation and I'll get back to you.

Thank you SO much! Please let me know what you find out. And, how did you find out that the French embassy gives visas in that situation? And if they do, can't I just get a five day schengen transit visa from them? Wouldn't that also work for transit through Amsterdam?

To call the visa section of the French consulate: 91 700 78 06.

However, they will not issue a visa to you to fly from Spain to Amsterdam! It is up to the Dutch consulate to do so.

From an indirect contact, I understand that the Dutch consulate in Madrid does issue visas for people in your situation. Whom did you call, what exactly did you tell them and what exactly did they answer you. Ther is obviously some misunderstanding somewhere.

Hi! Sorry I took so long to respond -- my internet was down for the past few days. When I called the Dutch Embassy, I spoke to the counselor officer there who is in charge of visas. I told her exactly what I told you: that I had a flight booked from Malaga, Spain to Amsterdam, Holland to New York, USA; and that I had a four day lay-over in Amsterdam. And for those four days, I asked for a transit visa so I could get out of the airport rather than spending four days sleeping on airport seats. She told me that they do not issue Schengen visas from within Schengen territory and that I must leave the Schengen zone and re-apply for the visa. She also said that I would be landing in Schengen territory of the airport if I fly from Spain, and going from a Schengen (domestic) zone to an international zone is not a transit, and that a real transit is when someone lands in the international arrivals zone and must pass to the international departure zone. My situation doesn't qualify as anything... so there is no visa for it. And then I proceeded to ask her if, for instance, my layover had only been for an hour, would I have been able to do an airport transit. She told me 'no' because once again I'd be going from Schengen zone to International zone. I find all this kind of strange because this basically implies that everyone who is a citizen of a country other than those that do not require a tourist visa to enter Schengen territory must fly out of the Schengen zone without make a transit through another Schengen country. In other words, if I had to fly out of Spain, I could only take a flight that had a stop in a non-schengen country because otherwise i wouldn't be able to change airlines... I am thoroughly confused. What did you ask the Dutch and the French Embassies that showed you that they DO give visas?

She was right to write you that: "She also said that I would be landing in Schengen territory of the airport if I fly from Spain, and going from a Schengen (domestic) zone to an international zone is not a transit, and that a real transit is when someone lands in the international arrivals zone and must pass to the international departure zone."

However, I got opposite information to the officer's answer "that they do not issue Schengen visas from within Schengen territory and that I must leave the Schengen zone and re-apply for the visa".

I'll try to sort it out!

Will you try to call the Dutch embassy in Madrid or something? If so, the counselor officer is a lady that works in the mornings. I've tried to talk to her, but she doesn't change her mind! I don't get it. Plus, I spoke to the French consulate in Madrid and they told me that I can even do a 5 transit while leaving Spain as well, not just while arriving. They said that my "+1 TRANS.05 Schengen" part is valid during exit as well as entrance. Does that information sound at all valid? I also spoke to the chief of foreign affairs here in Malaga, Spain and he told me different information as well. Everyone has different information within the Schengen territory. It's really strange. I wonder how many cases there have been like mine where people have gotten confused and just gone ahead and bought the tickets and went on their journey.

Hello...
Could someone help me? I'm really afraid about my situation...
Im Brazilian, and i've been studying in Spain for 5 months... I've got the Spanish visa (please, see below) and i came from Brazil-Spain with an hour transit in Paris... Moreover, I'm going back to Brazil, with an hour transit in Amsterdam (only inside the airport, of course)...
1 - Do you think that im gonna have any problem with this "second transit"?
2 - And, am I able to visit Italy, France and Germany with my Spanish student visa? I would like to go to there after 4 months in Spain...

My visa information:
España (+1 TRANS.05 SCHENGEN)
From 05-03-08 to 04-09-08
Type: D / Entries: MULT / Duration of stay: 90 days
Study up to 180 days

You visa allowed you to transit through France to go to spain and to stay in Spain up to 6 months (I do not understand the 90 days which is mentionned on your visa sticker! it does not make any sense)

It does not allow you to transit through France to go back to Brazil nor to travel within the Schengen area.

However, you are a Brazilian national and as such, you benefit from a visa exemption to stay in the Schengen area for less than 3 months. Whether the 4 months you stayed in Spain should be included is under discussion and not all Schengen countries agree.

Therefore:
- you can either assume that you are allowed to travel for 3 months within the Schengen area without a visa (which includes your ransit through Amsterdam); as there is no border control betwen the Schengen countries, it is a rather safe bet
- or you could play it safe and request a visa to transit through Amsterdam and whenever you travel within the Schengen area.

(MD, Im sorry for post in both places.. Let's use here because it can help someone else)

Thanks for the quick answer MD... Now I understood my visa.
I don't think I'm gonna have any problem.

1) Transit in Amsterdam: I wil stay in the airport for 3 hours. It would be stupid if they send me back to Brazil earlier than that. But, can they send me back to Spain? Also would be stupid, but ..... lol

2) Trip around Europe: I have booked all flights and hotels in each city that I'm going to visit. Moreover, I think I have enough money to prove if they ask me about that. If I cannot use my Spanish Student Visa, I have this kind of "visa exemption" and I can use that. It's all right?

3) My fiancee is coming to visit me in Spain, and she is going to go with me in this "small trip". I also don't think she is gonna have any problem, because she would be here for less than 3 months. It's also all right?

Anyway, I'm sure I will post here later what happened with us. I hope it will be a nice post.

Thanks once more..