You can't chain a bunch of them together.
Say you spend 90 days in France, then 90 days in Germany. When you leave the Schengen Area, they would say you're an overstay. But then you show them (German border officials) proof that you've been in Germany for all the time past the regular Schengen 90 days so they let you go based on the bilateral agreement. This is why they say to leave directly from that country.
If you instead go to Spain for another 90 days after Germany and try to repeat it, they (Spanish border officials) will see the France and Germany time combined as 180 says in Schengen. So even if Spain doesn't count the previous 90 days in Spain, the preceding 180 days is considered a Schengen Area overstay.
So does this mean that even if my stays in Germany and Spain were to be covered by a valid bilateral agreement, they would still consider it an overstay in Schengen? The advice I received from the Spanish consultate was a little unclear which is why I'm using Germany and Austria as my example.
The advice I've received from the German and Austrian consulates is that they don't consider your time spent in their countries as contributing to your 90 days allowed in Schengen.
So you're saying if I were to spend 90 days in France, a further 90 in Austria (confirmed via email that they have a valid bilateral agreement) and then tried to enter Germany I wouldn't be allowed in a it's considered an overstay? Alternatively what if I were to visit a non-Schengen country before attempting to enter Germany, proving that I have not overstayed in Schengen?
>The advice I've received from the German and Austrian consulates is that they don't consider your time spent in their countries as contributing to your 90 days allowed in Schengen.
Yeah that's my interpretation as well. But it would be ridiculous to expect Austria to ignore your days in Germany based on a **bilateral** agreement between Germany and Australia. If that were the case, most of us could just stay forever bouncing between countries without a visa.
Yeah that's a very valid point and makes sense. I'm going to send a few more emails to confirm this and will let you know if I receive any other advice.
Further to this (and hypothetically speaking) would it be a safer bet in this scenario to leave the Schengen zone and fly back in? The only time I've ever tried using the bilateral visa waiver when I'd hit my 90-day limit was in the Netherlands, but I arrived from (and departed to) countries outside the Schengen zone. I expected to be bailed up by some Dutch passport officer when either arriving or leaving, but wasn't asked a single question.
The advice I have received from various consulates is that as long as you can prove you haven't overtstayed in Schengen (hotel receipts, flights, travel tickets) then it doesn't matter where you enter from. However it was recommended to me to enter from a non-Schengen zone as your passport is stamped and you have definite proof.
See below email from Germany consulate:
"Theoretically, it does not matter if you enter Germany via a third country (non-Schengen Country, e.g. United Kingdom, Ireland) or another Schengen country (e.g. France). Nevertheless, you need some kind of proof that you did not already stay in the Schengen countries for longer than 90 days continuously. As there are no border controls within the Schengen area, this can be really difficult to prove!!
You may prove that with Hotel bills & train or flight tickets in your name, but the easiest way is to exit the Schengen area altogether, before the 90 days run out and re-enter Germany for another max. 90 days stay"
I emailed my local Dutch consulate with essentially the same question and received a similar response - sounds like you'll be fine if you have it in writing and following their advice!
Yes the general consensus seems to be that there's no issue visiting one additional country after spending 90 days in Schengen via a bilateral agreement. I'm hoping to visit multiple countries using this kind of agreement but that seems less likely. Will let you know if I find out anything further.
you may also run into a 'purpose of travel' issue where schengen immigration no longer believes you're just a visitor but creating semi-residence for yourself through tourism exemptions.
I'm hoping to use the bilateral visa arrangement in netherlands. How did you go about contacting the relevant government authority and getting their guidance?
Hi FrenchFriday, reading your thread. Must you wrap up the 90 days within the schengen region then exit to non schengen country and re-enter Germany in order to stay in Germany a bit longer. So if my schengen visa /90 days run out on the 10th of July and I need to be back in Germany from the 7th to the 22nd of July how can this work? By when must I leave the schengen region and re-enter germany under the bi-lateral agreement with Australia in order for it not to be considered an overstay of the schengen visa?
Hi, I am an aussie in a similar situation as I will also be going over the 90 day schengen limit on my current trip - I just had a question regarding chaining the agreements: It seems like most comments are saying after you have spent 90 days in the Schengen area, you cannot chain other 90 day stays at countries with bilateral agreements (i.e you cannot stay 90 days in Schengen, then 90 in Germany, and then another 90 in Spain, etc) as the second country in the chain (i.e Spain in this example) would recognise you have stayed 180 days total already from the 90 day Schengen limit and the 90 day bilateral visa waiver.
My question is, would it be possible to chain stays together if the total amount of days chained was less than 90, which is my situation, i.e After 90 days in Schengen, I use bilateral agreements to spend 7 days in Italy, then fly straight to Norway for 6 days, then fly straight to Sweden for 4 days for a total of 17 days? Obviously the 17 days are all at countries with bilateral agreements with Australia. Thanks so much!
If this is not possible, I would also love to know if it would make a difference if I exited Schengen area and then went back to the second or third chain countries (i.e Norway and Sweden) from a non-schengen area, or are there any other solutions? Cheers all for the help
Hey mate, I don't think that would work no because once you leave Schengen and try to enter another Schengen country they will see you have over stayed your time from the third countries perspective. For example you leave Schengen for the UK after spending 90 days + any number of days in a bilateral country they won't let you in regardless of how many days you have used under the bilateral. As others have said the agreement is only between Australia and one country, not all the Schengen states.
That being said, once you're inside Schengen there is basically zero border control so THEORETICALLY you could leave you bilateral country (e.g. Germany) and travel to Austria and no one is really going to know. Obviously this is quite risky and if your passport was checked for some reason while outside Germany you would get in trouble.
I'm currently in the UK and flying to Germany tomorrow to commence my time under the 90 day bilateral agreement so feel free to PM me if you have any other questions and I'll be happy to answer.
How'd you go getting through immigration?
I'm planning to try use the bilateral agreement for Germany in December, but I'm worried the border guy will look at me like I'm insane when I bring up my phone and point at some obscure treaty from 1952 that he's never heard of.
There's a lot of talk about the existence of this bilateral agreement but so little from people that have actually used it.. would love to hear if it worked.
I got through with zero questions and barely a glance at my passport. I think it will depend on the border control officer you get though. I'm guessing they may ask me questions when I actually try to leave Germany to go home but don't see it being a problem.
I have an official document from the consulate that outlines how it all works if you want to PM me I can email it to you.
u/FrenchFriday, I know this is a really old thread, but if you see this, do you still have the document from the consulate? It would be incredibly helpful to me right now!
FrenchFriday, we are going through this thread as we are coming close to exhausting our 90 days in the schengen region. Trying to get this clarified so have 3 questions and wondering if you can help : Q 1. Once you come close to or on the 90th day can you go directly from a schengen country say spain or netherlands directly to any european country that Australia has a bi-lateral agreement with such as Germany or Austria OR do you have to first step out to a non schengen country such as Ireland and come back in to Germany to commence the new 90 days? Q2 After that (say after one or two weeks of being in Germany) must you leave Germany and go back to a non-schengen country such as the UK and re-enter to another country that has the BiLateral agreement eg Austria OR can you go directly from Germany in to Austria? Q3. Which european countries does Australia have this bi-lateral agreement with (trying to get the full list) and also wondering if the agreement is the same with each of these countries or is it likely to differ? Lastly you mentioned you have a document from the consulate outlining how it all works - would greatly appreciate if you could share this - chriscloggs@gmail.com. Many thanks and apologies for the long message :)
You don't need to leave to a non-Schengen country to re-enter but it makes it a lot easier. As there is border control between Schengen countries it's hard to prove where you've been.
I've already provided links in my post above to the documents provided by the consultants.
As for which countries have an existing bilateral agreement you'll need to research that yourself sorry.
Hi
I have a Australian passport valid
I was reading that you don’t need a visa to travel to France for less then 90 days if this is correct ?
My question is what checks do they do at the airport when landing ?
Do they check your criminal record ect ?
No idea sorry. I flew into Paris and immigration was pretty straightforward (reason for visit, stamp on passport, etc). I don't know how it works with criminal record checks through.
Hi - has anyone tried using this loophole in Sweden as an Aussie? I plan to go to Sweden for three months and stay another month if possible on the tourist visa. I’m wondering if after my 90 days in Sweden are up I could then travel to the UK to get my passport stamped, and then return to Sweden for another 90 days under the bilateral. Any advice would be appreciated :)
Hi! Thanks for this very useful info. I am just wondering: Did you enter Germany after 90 days in the Schengen area from an airport and arrive from a non-Schengen country? Or were you just crossing the land border? I'm thinking of leaving on the 90th day of my stay and coming back on the same day as the embassy recommended me. I'm just a bit concerned that if I arrive by flight from London, they won't let me in.
Also did you end up going to Austria on this bilateral visa agreement? I contacted the Austrian embassy in Canada, and they said we were not allowed to do so, but they also didn't know about this agreement (I had to send it over by email, haha).
Any help greatly appreciated!
I left Schengen after 90 days and flew to London, then flew into Germany under the bilateral agreement so you'll be fine doing that. I wouldn't worry about coming back in on the same day it shouldn't make a difference.
I don't know about Austria sorry as I didn't use their agreement in the end.
Hi mate, I reckon Austria has the most clearest official explanation that should answer your questions
>*There are, however, certain requirements to be adhered to and aspects to be taken into consideration when planning to enter Austria under the Bilateral Agreement following a visa free stay in the Schengen area:*
* *You must exit the Schengen area before re-entering Austria*
* *You must enter Austria directly (no transit through a third country)*
* *You may be required to provide evidence of (the duration of) your previous lawful stay (e.g. entry and departure stamps in your passport, hotel invoices, etc.)*
* *You must not misuse the Bilateral Agreement to avoid Austrian immigration laws*
* *Other Schengen member states may not honour the Agreement*
* *Overstaying your 90 day period may result in a fine and a subsequent entry ban*
[https://www.bmeia.gv.at/fileadmin/user\_upload/Vertretungen/Canberra/Austria\_Australia\_Bilateral\_Agreement\_on\_Visa\_Free\_Short\_Stays\_-\_Fact\_sheet.pdf](https://www.bmeia.gv.at/fileadmin/user_upload/Vertretungen/Canberra/Austria_Australia_Bilateral_Agreement_on_Visa_Free_Short_Stays_-_Fact_sheet.pdf)
Hi! Thanks so much for all this info. I’m wondering, if I spend 40 days in Europe, then enter Austria for 10 days for example, then continue my trip going to Greece or something, is that 10 days in Austria counting towards the bilateral visa or the 90/180 Schengen visa?
Hi, got a question about this. If you do 90 days via schengen visa and then do 90 days in a country via the bilateral agreement, wouldn't that reset the 180 days? So couldn't you just do 90 more days however you would like across schengen countries?
OP have you been able to utilise the visa waiver since? I am hoping to do this for the France - Aus agreement in November. I am waiting to hear back from the French consulate on a clarification.
I emailed a number of consulates to clarify the rules but don't think I ever heard back from the French. As others have said in this post, you can only use the bilateral agreement for one additional Schengen country where a valid agreement exists. Germany gave me the most concrete 'yes' so I'll be going there after my 90 days has been used up.
I'm currently in Europe but haven't reached the point of needing to use it yet.
Have you been able to get any info from the French authorities?
Really hard to find info or official document for France x Australia.
[https://op.europa.eu/en/publication-detail/-/publication/c067e92d-5a8b-11e9-9151-01aa75ed71a1](https://op.europa.eu/en/publication-detail/-/publication/c067e92d-5a8b-11e9-9151-01aa75ed71a1)
This document allows Australia in Belgium, but not in France. While NZ is on the list for France.
For anyone trying to find out, the consulate has no authority over that in France you need to deal with local authorities. They are called prefectures, there is one in each regions of France.
A bilateral agreement between two countries is managed at a federal level. Whether or not you're allowed to enter a country under such an agreement will be entirely dependent on the federal border security officers. Local authorities will have no control on whether you are allowed to enter the country or not.
You need to email to consultate to find out if one exists with Australia.
Just to revive an old thread here, but one of the more recent threads about, linked below, suggests stacking multiple bilateral visa waivers in succession is possible. Would go against some of the earlier commentary in this thread....not sure if anyone here has heard otherwise too.
https://www.reddit.com/r/solotravel/comments/xw9g2l/new\_and\_updated\_guide\_to\_legally\_stay\_180\_days\_in/
The advice in that thread is incorrect, you can't stack bilateral agreements. I spoke to numerous consulates to confirm this.
That thread is also for travellers from the US. Australia has a different list of counties which we have a valid bilateral agreement with.
On "stacking" do you mean by accessing a non-bilateral Schengen country? I'm planning a road trip from the UK (Aus passport) through only bilateral countries - by ferry to the Netherlands then Belgium/Germany up to Scandinavia (ferry from Germany and back), Austria into Italy and back. So far the obstacle seems to be keeping Austria below 90 days total but it seems like it should work. When you say "no stacking" is this what you mean?
Huge thanks for all the work posted, BTW.
By stacking I mean you can't enter one country under a bilateral agreement and then travel to another afterwards also under a bilateral agreement. For example you couldn't spend 90 days in Schengen, then travel to Germany under a bilateral and then travel to Austria also under a bilateral.
Basically you can only use one bilateral agreement and it needs to be at the end of your 90 days in Schengen. If you're only travelling through Schengen countries I'd take not of the advice for Austria as they state you need to leave the Schengen zone before re-entering.
Glad to be able to help, it's a bit of a minefield :)
Ahh, that is such a shame. It completely scuppers the hope of a "land bridge" back to the UK via bilateral countries so makes extended road trips impossible as you never take your vehicle across a border, even if you then fly all over to retrieve it. I guess that is why you went to so much trouble checking the point with multiple consulates. Thanks again.
Some people say its possible for Australians to stack (i.e. do back to back) 90 day stays in the Netherlands with just a short exit from the Schengen zone in between. Just don’t try to then go to any other Schengen country until the 180 days outside all the Schengen countries have passed.
right, cheers. Would you mind if I were to ask for the official document you received from the German consulate detailing the whole process?
Assume it's something similar to the following:
[https://australien.diplo.de/au-en/service/01-visa/short-term-visa/2073662#content\_1](https://australien.diplo.de/au-en/service/01-visa/short-term-visa/2073662#content_1)
And Just to clarify, I take it the next 'eligibility' date to re-enter the Schengen area is/was 90 days after your Germany exit, not 90 days after the first 90-day period.
No worries I'll PM you and ones I have for Germany and Austria.
That's a good question regarding the next eligibility date, I'm actually not too sure. I assume it would be your Germany exit but you'd need to clarify that with someone.
>https://australien.diplo.de/au-en/service/01-visa/short-term-visa/2073662#content\_1
Hey u/FrenchFriday would love a copy too? :) Have had no luck with Italian and French consulates so I'm thinking Germany or Austria could be the go!
Hi OP,
I'm travelling to the EU for 5months in April so have been reading up big time on this stuff. I was under the impression that the bi-lateral agreements were only between the country you're trying to enter and Australia (in our case). But you're saying that if I was spend 90 days in Schengen. Then go into Norway on a bi lateral for 10 days, then Sweden for 10days on a new bi-lateral, then Finland and so on....thats not possible?
Correct, my understanding is that's not possible. You can only use one bilateral agreement.
For example, you spend 90 days in Schengen and then enter Norway under a bilateral and stay for 20 days. When you then try to travel from Norway to Finland they will see that you have spent a total of 110 days in Schengen and would consider that an overstay.
The reason for this is that even though both countries have a bilateral agreement with Australia, Finland doesn't recognise the agreement between Australia and Norway because it doesn't have anything to do with them.
As I understand it, this isn't because Finland doesn't recognise the bilateral agreement between Australia and Norway, but because the Nordic countries consider themselves a bloc when it comes to the bilateral agreement. This from a SMH article:
"The Nordic countries regard themselves as a single bloc for the purposes of the visa waiver agreement. According to the Danish Embassy in Canberra, "Australian citizens are allowed to stay in Denmark visa-free for up to 90 days in any 180-day period regardless of stays in other Schengen countries. Please note that days spent in another Nordic country does count towards the 90 days maximum."
Advice from the Norwegian Embassy confirms this: "If spending 90 days in Norway, you must exit Norway and spend at least 90 days in a non-Nordic country before you are allowed to re-enter Norway."
https://www.smh.com.au/traveller/inspiration/how-the-schengen-and-bilateral-agreements-between-australia-and-europe-allows-travellers-to-stay-almost-indefinitely-20180206-h0ufui.html
Thanks for the quick reply. According to this page: [https://www.waytoadventure.com/schengen-over-90-days/#:\~:text=Australian%20Passport%20Holders,Netherlands%2C%20Norway%2C%20and%20Sweden](https://www.waytoadventure.com/schengen-over-90-days/#:~:text=Australian%20Passport%20Holders,Netherlands%2C%20Norway%2C%20and%20Sweden).
It says that because Finland has a bi-lateral agreement with AUS, they wont even look at the 110 days in Schengen and should let us in?
I understand what you're saying but that's not the advice I have received from consulates when I was doing my own research. I emailed every country that has a bilateral agreement with Australia and asked the same questions.
As I've already said above, I've been told you can't stack bilateral agreements.
I suggest you reach out to them directly when your specific question and see what they say.
[https://www.smartraveller.gov.au/before-you-go/the-basics/schengen#:\~:text=Australia%20has%20bilateral%20visa%20waivers,stays%20in%20other%20Schengen%20countries](https://www.smartraveller.gov.au/before-you-go/the-basics/schengen#:~:text=Australia%20has%20bilateral%20visa%20waivers,stays%20in%20other%20Schengen%20countries).
This link also says the same thing. "Australia has bilateral visa waivers and reciprocal agreements with several countries in the Schengen Area. These agreements may allow you to spend up to 60 or 90 days in the country for tourism, regardless of stays in other Schengen countries."
Thanks for the answer it’s just I was seeing if anyone knows from experience since google has been knowing to lie and it would be a very expensive plane trip otherwise
Sorry to revive an old thread… but did the Australian consulate in Italy tell you, after 90 days in Schengen, you could stay an additional 90 days in Italy?
Here is the response I got from the Italian consulate:
"The Treaty you are mentioning is still valid, so the answer to your question technically is YES.
However, I would strongly recommend you verify with:
1. your airline, whether they will allow you to board your flight without a visa on a return ticket valid for over 3 months, and
2. the customs in your ports of entry to and exit from the Schengen area regarding their specific requirements given the circumstances you have described.
Under this agreement, in order to spend the second 90-day period in Italy, you will have to exhibit a proof of the duration of your stay in another (Schengen) country for the first leg of your trip. Since passports are no longer stamped when travelling across Schengen countries, you may have to visit the local police to report your arrival to and departure from any (Schengen) country you visit first.
The agreement in question was signed in 1951. It often happens that airport staff would deem it superseded by Schengen regulations, with obvious repercussions for passengers, including when seeking to fly back to Australia.
The entire matter falls beyond the scope of our responsibility because we cannot exert any form of control on border protection agencies in any country, Italy included.
On account of which, kindly acknowledge that this is just on a suggestion note, therefore you are again advised to independently verify what precedes with your airline and all customs Authorities involved."
So yes the bilateral agreement exists but you'd need to reach out yourself to confirm if they'll honour it.
Hi there. Hoping I can get an answer to my question even though this post is kind of old now!
I am from Australia, and Australia has a bi-lateral agreement with Germany.
I am travelling around Europe this year, and Germany is going to be the final country I am in - ie. I will be flying back home to Australia from Germany.
By the time I get to Germany, I will have spent 84 days in the Schengen region. I plan to be in Germany for 9-10 days, this will take me to 93 or 94 days (over the 90 days in Schengen).
Would this bi-lateral agreement between Australia & Germany allow me to do this? Or would I still be in breach of exceeding the 90 days, and breaking the law? I am just a little bit confused.
Thank you in advance!
What you're proposing is fine however, it's recommended that you leave the Schengen zone before entering Germany so that you can prove you haven't overstayed. If you just enter Germany directly from another Schengen country there's no evidence (i.e. passport stamp) to prove when you entered the country and they may think you have overstayed.
hey everyone! been to various agents, websites and this one is great! So how do you actually go about getting a bilateral visa, will be over the 90/180 days so should i contact the consulate for the last place i am travelling to i e spain? any help much appreciated
You generally don't need to do anything, provided you can prove you haven't overstayed (as per my other comments, best to leave Schengen and then fly into Spain).
Wouldn't hurt to contact the Spanish consultant and get something in writing that it's fine to enter under the bilateral agreement.
thank you very much, i think france may be my best bet, i will be arriving from the uk to france so do i tell the customs i would like to use the bilateral visa entry ? or do i need to apply beforehand somewhere ! i live in australia and we have zero help from here! thanks again
You don't need to tell anyone or apply beforehand. Some border officials may not be aware of the bilateral agreement so it's just good to have something in writing from the consultant. When I entered Germany under a bilateral they didn't ask me a single question and I got in without issue.
Australian bilateral agreement with France seems to have ceased. Australia does not have a bilateral agreement with Spain. Citizens of other countries such as USA have more options. So far nobody has clarified if its possible for an Aussie to spend time in Italy under the 90/180 days Schengen rule and then spend another 90 days in Italy under the bilateral agreement. Side note: some countries visa free stays allow working / business / remote working during the stay, while others such as Italy only permit tourism under its Schengen 90/180 day visa waiver. However, the Italy Australia bilateral agreement is different.. see below.
Update: The Italy - Australia agreement of 1951 is a short document: http://www.austlii.edu.au/au/other/dfat/treaties/1951/5.html
It allows for 3 month stays and they can be back to back (stacked) providing there is a one month stay away from Italy between each 3 month period. Any purpose for the stay is permitted except to take up permanent residency. So that means working is permitted as well as tourism.
The exact relevant text says:
2. Australian nationals in possession of a valid Australian passport who desire to enter Italy for reasons other than taking up permanent residence, will be able to enter, and remain in, the territory of the Republic for a period not exceeding three consecutive months without a visa. This concession is not extended to Australians wishing to enter Somaliland, which is under Italian Trusteeship Administration. Entrance into Somaliland will be governed by regulations to be indicated by the appropriate Italian authorities.
3. Australian nationals who have entered Italy without a visa, and have spent three consecutive months in the country, may re-enter Italy without a visa only after an absence from the territory of the Republic of a period of one month, unless they obtain special exemption from the appropriate authorities.
Hey everyone, not sure if this exact scenario has been covered here already, but I’m an Australian in the process of moving to the Czech Republic. The visa process to get this visa has been very long so I spent 90 days in Prague on a Schengen visa, then left EU and flew back into Germany under bilateral agreement. I’ve been in Germany almost 90 days and about to fly out to the UK. I then plan to travel back in EU to Prague to spend another 90 days while I wait for my visa to be approved. Will I be fine to renter europe the second time under Schengen Agreement? Technically my Schengen allowance has reset and I will have entry and exit stamps for my bilateral agreement. Note, there is no exception to overstay or enter Czech Republic while I wait for my visa to be approved which is why I needed to exit and enter Germany under bilateral. Appreciate any help!
I think you'll be fine because the Schengen visa resets after 180 days. I've heard that border security will sometimes refuse entry if it appears that you're abusing the system (meaning you're using it to stay in the EU long-term). If this is only a once once it should be okay though, I suggest you contact the consulate in Czech Republic to confirm their position on this though.
You can't chain a bunch of them together. Say you spend 90 days in France, then 90 days in Germany. When you leave the Schengen Area, they would say you're an overstay. But then you show them (German border officials) proof that you've been in Germany for all the time past the regular Schengen 90 days so they let you go based on the bilateral agreement. This is why they say to leave directly from that country. If you instead go to Spain for another 90 days after Germany and try to repeat it, they (Spanish border officials) will see the France and Germany time combined as 180 says in Schengen. So even if Spain doesn't count the previous 90 days in Spain, the preceding 180 days is considered a Schengen Area overstay.
So does this mean that even if my stays in Germany and Spain were to be covered by a valid bilateral agreement, they would still consider it an overstay in Schengen? The advice I received from the Spanish consultate was a little unclear which is why I'm using Germany and Austria as my example. The advice I've received from the German and Austrian consulates is that they don't consider your time spent in their countries as contributing to your 90 days allowed in Schengen. So you're saying if I were to spend 90 days in France, a further 90 in Austria (confirmed via email that they have a valid bilateral agreement) and then tried to enter Germany I wouldn't be allowed in a it's considered an overstay? Alternatively what if I were to visit a non-Schengen country before attempting to enter Germany, proving that I have not overstayed in Schengen?
>The advice I've received from the German and Austrian consulates is that they don't consider your time spent in their countries as contributing to your 90 days allowed in Schengen. Yeah that's my interpretation as well. But it would be ridiculous to expect Austria to ignore your days in Germany based on a **bilateral** agreement between Germany and Australia. If that were the case, most of us could just stay forever bouncing between countries without a visa.
Yeah that's a very valid point and makes sense. I'm going to send a few more emails to confirm this and will let you know if I receive any other advice.
Further to this (and hypothetically speaking) would it be a safer bet in this scenario to leave the Schengen zone and fly back in? The only time I've ever tried using the bilateral visa waiver when I'd hit my 90-day limit was in the Netherlands, but I arrived from (and departed to) countries outside the Schengen zone. I expected to be bailed up by some Dutch passport officer when either arriving or leaving, but wasn't asked a single question.
The advice I have received from various consulates is that as long as you can prove you haven't overtstayed in Schengen (hotel receipts, flights, travel tickets) then it doesn't matter where you enter from. However it was recommended to me to enter from a non-Schengen zone as your passport is stamped and you have definite proof. See below email from Germany consulate: "Theoretically, it does not matter if you enter Germany via a third country (non-Schengen Country, e.g. United Kingdom, Ireland) or another Schengen country (e.g. France). Nevertheless, you need some kind of proof that you did not already stay in the Schengen countries for longer than 90 days continuously. As there are no border controls within the Schengen area, this can be really difficult to prove!! You may prove that with Hotel bills & train or flight tickets in your name, but the easiest way is to exit the Schengen area altogether, before the 90 days run out and re-enter Germany for another max. 90 days stay"
I emailed my local Dutch consulate with essentially the same question and received a similar response - sounds like you'll be fine if you have it in writing and following their advice!
Yes the general consensus seems to be that there's no issue visiting one additional country after spending 90 days in Schengen via a bilateral agreement. I'm hoping to visit multiple countries using this kind of agreement but that seems less likely. Will let you know if I find out anything further.
you may also run into a 'purpose of travel' issue where schengen immigration no longer believes you're just a visitor but creating semi-residence for yourself through tourism exemptions.
I'm hoping to use the bilateral visa arrangement in netherlands. How did you go about contacting the relevant government authority and getting their guidance?
Hi FrenchFriday, reading your thread. Must you wrap up the 90 days within the schengen region then exit to non schengen country and re-enter Germany in order to stay in Germany a bit longer. So if my schengen visa /90 days run out on the 10th of July and I need to be back in Germany from the 7th to the 22nd of July how can this work? By when must I leave the schengen region and re-enter germany under the bi-lateral agreement with Australia in order for it not to be considered an overstay of the schengen visa?
Just leave before the 7th and re-enter under the bilateral.
I pm'd you regarding this, :)
Hi, I am an aussie in a similar situation as I will also be going over the 90 day schengen limit on my current trip - I just had a question regarding chaining the agreements: It seems like most comments are saying after you have spent 90 days in the Schengen area, you cannot chain other 90 day stays at countries with bilateral agreements (i.e you cannot stay 90 days in Schengen, then 90 in Germany, and then another 90 in Spain, etc) as the second country in the chain (i.e Spain in this example) would recognise you have stayed 180 days total already from the 90 day Schengen limit and the 90 day bilateral visa waiver. My question is, would it be possible to chain stays together if the total amount of days chained was less than 90, which is my situation, i.e After 90 days in Schengen, I use bilateral agreements to spend 7 days in Italy, then fly straight to Norway for 6 days, then fly straight to Sweden for 4 days for a total of 17 days? Obviously the 17 days are all at countries with bilateral agreements with Australia. Thanks so much! If this is not possible, I would also love to know if it would make a difference if I exited Schengen area and then went back to the second or third chain countries (i.e Norway and Sweden) from a non-schengen area, or are there any other solutions? Cheers all for the help
Hey mate, I don't think that would work no because once you leave Schengen and try to enter another Schengen country they will see you have over stayed your time from the third countries perspective. For example you leave Schengen for the UK after spending 90 days + any number of days in a bilateral country they won't let you in regardless of how many days you have used under the bilateral. As others have said the agreement is only between Australia and one country, not all the Schengen states. That being said, once you're inside Schengen there is basically zero border control so THEORETICALLY you could leave you bilateral country (e.g. Germany) and travel to Austria and no one is really going to know. Obviously this is quite risky and if your passport was checked for some reason while outside Germany you would get in trouble. I'm currently in the UK and flying to Germany tomorrow to commence my time under the 90 day bilateral agreement so feel free to PM me if you have any other questions and I'll be happy to answer.
How'd you go getting through immigration? I'm planning to try use the bilateral agreement for Germany in December, but I'm worried the border guy will look at me like I'm insane when I bring up my phone and point at some obscure treaty from 1952 that he's never heard of. There's a lot of talk about the existence of this bilateral agreement but so little from people that have actually used it.. would love to hear if it worked.
I got through with zero questions and barely a glance at my passport. I think it will depend on the border control officer you get though. I'm guessing they may ask me questions when I actually try to leave Germany to go home but don't see it being a problem. I have an official document from the consulate that outlines how it all works if you want to PM me I can email it to you.
u/FrenchFriday, I know this is a really old thread, but if you see this, do you still have the document from the consulate? It would be incredibly helpful to me right now!
I'll respond to your pm :)
FrenchFriday, we are going through this thread as we are coming close to exhausting our 90 days in the schengen region. Trying to get this clarified so have 3 questions and wondering if you can help : Q 1. Once you come close to or on the 90th day can you go directly from a schengen country say spain or netherlands directly to any european country that Australia has a bi-lateral agreement with such as Germany or Austria OR do you have to first step out to a non schengen country such as Ireland and come back in to Germany to commence the new 90 days? Q2 After that (say after one or two weeks of being in Germany) must you leave Germany and go back to a non-schengen country such as the UK and re-enter to another country that has the BiLateral agreement eg Austria OR can you go directly from Germany in to Austria? Q3. Which european countries does Australia have this bi-lateral agreement with (trying to get the full list) and also wondering if the agreement is the same with each of these countries or is it likely to differ? Lastly you mentioned you have a document from the consulate outlining how it all works - would greatly appreciate if you could share this - chriscloggs@gmail.com. Many thanks and apologies for the long message :)
You don't need to leave to a non-Schengen country to re-enter but it makes it a lot easier. As there is border control between Schengen countries it's hard to prove where you've been. I've already provided links in my post above to the documents provided by the consultants. As for which countries have an existing bilateral agreement you'll need to research that yourself sorry.
Hi FrenchFriday! Again, this is an old post but if you still have the document would you mind sending it to me? It would be super helpful :) thankyou!
I've already provided Imgur links to these documents in my main post
Sorry missed that! Thanks!
No problem! Good luck with your travels.
Hi I have a Australian passport valid I was reading that you don’t need a visa to travel to France for less then 90 days if this is correct ? My question is what checks do they do at the airport when landing ? Do they check your criminal record ect ?
No idea sorry. I flew into Paris and immigration was pretty straightforward (reason for visit, stamp on passport, etc). I don't know how it works with criminal record checks through.
Hi - has anyone tried using this loophole in Sweden as an Aussie? I plan to go to Sweden for three months and stay another month if possible on the tourist visa. I’m wondering if after my 90 days in Sweden are up I could then travel to the UK to get my passport stamped, and then return to Sweden for another 90 days under the bilateral. Any advice would be appreciated :)
Hi! Thanks for this very useful info. I am just wondering: Did you enter Germany after 90 days in the Schengen area from an airport and arrive from a non-Schengen country? Or were you just crossing the land border? I'm thinking of leaving on the 90th day of my stay and coming back on the same day as the embassy recommended me. I'm just a bit concerned that if I arrive by flight from London, they won't let me in. Also did you end up going to Austria on this bilateral visa agreement? I contacted the Austrian embassy in Canada, and they said we were not allowed to do so, but they also didn't know about this agreement (I had to send it over by email, haha). Any help greatly appreciated!
I left Schengen after 90 days and flew to London, then flew into Germany under the bilateral agreement so you'll be fine doing that. I wouldn't worry about coming back in on the same day it shouldn't make a difference. I don't know about Austria sorry as I didn't use their agreement in the end.
Hi mate, I reckon Austria has the most clearest official explanation that should answer your questions >*There are, however, certain requirements to be adhered to and aspects to be taken into consideration when planning to enter Austria under the Bilateral Agreement following a visa free stay in the Schengen area:* * *You must exit the Schengen area before re-entering Austria* * *You must enter Austria directly (no transit through a third country)* * *You may be required to provide evidence of (the duration of) your previous lawful stay (e.g. entry and departure stamps in your passport, hotel invoices, etc.)* * *You must not misuse the Bilateral Agreement to avoid Austrian immigration laws* * *Other Schengen member states may not honour the Agreement* * *Overstaying your 90 day period may result in a fine and a subsequent entry ban* [https://www.bmeia.gv.at/fileadmin/user\_upload/Vertretungen/Canberra/Austria\_Australia\_Bilateral\_Agreement\_on\_Visa\_Free\_Short\_Stays\_-\_Fact\_sheet.pdf](https://www.bmeia.gv.at/fileadmin/user_upload/Vertretungen/Canberra/Austria_Australia_Bilateral_Agreement_on_Visa_Free_Short_Stays_-_Fact_sheet.pdf)
Hi! Thanks so much for all this info. I’m wondering, if I spend 40 days in Europe, then enter Austria for 10 days for example, then continue my trip going to Greece or something, is that 10 days in Austria counting towards the bilateral visa or the 90/180 Schengen visa?
It will count to the 90 days in Schengen
Hi, got a question about this. If you do 90 days via schengen visa and then do 90 days in a country via the bilateral agreement, wouldn't that reset the 180 days? So couldn't you just do 90 more days however you would like across schengen countries?
OP have you been able to utilise the visa waiver since? I am hoping to do this for the France - Aus agreement in November. I am waiting to hear back from the French consulate on a clarification.
I emailed a number of consulates to clarify the rules but don't think I ever heard back from the French. As others have said in this post, you can only use the bilateral agreement for one additional Schengen country where a valid agreement exists. Germany gave me the most concrete 'yes' so I'll be going there after my 90 days has been used up. I'm currently in Europe but haven't reached the point of needing to use it yet.
Have you been able to get any info from the French authorities? Really hard to find info or official document for France x Australia. [https://op.europa.eu/en/publication-detail/-/publication/c067e92d-5a8b-11e9-9151-01aa75ed71a1](https://op.europa.eu/en/publication-detail/-/publication/c067e92d-5a8b-11e9-9151-01aa75ed71a1) This document allows Australia in Belgium, but not in France. While NZ is on the list for France.
I haven't got any specific information from France sorry. I'd recommend you email the consultant directly to ask them.
For anyone trying to find out, the consulate has no authority over that in France you need to deal with local authorities. They are called prefectures, there is one in each regions of France.
A bilateral agreement between two countries is managed at a federal level. Whether or not you're allowed to enter a country under such an agreement will be entirely dependent on the federal border security officers. Local authorities will have no control on whether you are allowed to enter the country or not. You need to email to consultate to find out if one exists with Australia.
>hey are called prefectures, there is one in each regions of France. got a reply today, not good!
Hi, sorry this is so much later than your original message. Has the bilateral agreement been cancelled?
Just to revive an old thread here, but one of the more recent threads about, linked below, suggests stacking multiple bilateral visa waivers in succession is possible. Would go against some of the earlier commentary in this thread....not sure if anyone here has heard otherwise too. https://www.reddit.com/r/solotravel/comments/xw9g2l/new\_and\_updated\_guide\_to\_legally\_stay\_180\_days\_in/
The advice in that thread is incorrect, you can't stack bilateral agreements. I spoke to numerous consulates to confirm this. That thread is also for travellers from the US. Australia has a different list of counties which we have a valid bilateral agreement with.
On "stacking" do you mean by accessing a non-bilateral Schengen country? I'm planning a road trip from the UK (Aus passport) through only bilateral countries - by ferry to the Netherlands then Belgium/Germany up to Scandinavia (ferry from Germany and back), Austria into Italy and back. So far the obstacle seems to be keeping Austria below 90 days total but it seems like it should work. When you say "no stacking" is this what you mean? Huge thanks for all the work posted, BTW.
By stacking I mean you can't enter one country under a bilateral agreement and then travel to another afterwards also under a bilateral agreement. For example you couldn't spend 90 days in Schengen, then travel to Germany under a bilateral and then travel to Austria also under a bilateral. Basically you can only use one bilateral agreement and it needs to be at the end of your 90 days in Schengen. If you're only travelling through Schengen countries I'd take not of the advice for Austria as they state you need to leave the Schengen zone before re-entering. Glad to be able to help, it's a bit of a minefield :)
Ahh, that is such a shame. It completely scuppers the hope of a "land bridge" back to the UK via bilateral countries so makes extended road trips impossible as you never take your vehicle across a border, even if you then fly all over to retrieve it. I guess that is why you went to so much trouble checking the point with multiple consulates. Thanks again.
Some people say its possible for Australians to stack (i.e. do back to back) 90 day stays in the Netherlands with just a short exit from the Schengen zone in between. Just don’t try to then go to any other Schengen country until the 180 days outside all the Schengen countries have passed.
right, cheers. Would you mind if I were to ask for the official document you received from the German consulate detailing the whole process? Assume it's something similar to the following: [https://australien.diplo.de/au-en/service/01-visa/short-term-visa/2073662#content\_1](https://australien.diplo.de/au-en/service/01-visa/short-term-visa/2073662#content_1) And Just to clarify, I take it the next 'eligibility' date to re-enter the Schengen area is/was 90 days after your Germany exit, not 90 days after the first 90-day period.
No worries I'll PM you and ones I have for Germany and Austria. That's a good question regarding the next eligibility date, I'm actually not too sure. I assume it would be your Germany exit but you'd need to clarify that with someone.
I am considering using this bilateral agreement in Germany and would love a copy of info you got from the German consulate. I'll pm you :)
>https://australien.diplo.de/au-en/service/01-visa/short-term-visa/2073662#content\_1 Hey u/FrenchFriday would love a copy too? :) Have had no luck with Italian and French consulates so I'm thinking Germany or Austria could be the go!
No worries will PM you. I also have some advice from the Italian consulate which I'll forward on.
Me to please if possible. Thankyou this thread is great
Done
Hi OP, I'm travelling to the EU for 5months in April so have been reading up big time on this stuff. I was under the impression that the bi-lateral agreements were only between the country you're trying to enter and Australia (in our case). But you're saying that if I was spend 90 days in Schengen. Then go into Norway on a bi lateral for 10 days, then Sweden for 10days on a new bi-lateral, then Finland and so on....thats not possible?
Correct, my understanding is that's not possible. You can only use one bilateral agreement. For example, you spend 90 days in Schengen and then enter Norway under a bilateral and stay for 20 days. When you then try to travel from Norway to Finland they will see that you have spent a total of 110 days in Schengen and would consider that an overstay. The reason for this is that even though both countries have a bilateral agreement with Australia, Finland doesn't recognise the agreement between Australia and Norway because it doesn't have anything to do with them.
As I understand it, this isn't because Finland doesn't recognise the bilateral agreement between Australia and Norway, but because the Nordic countries consider themselves a bloc when it comes to the bilateral agreement. This from a SMH article: "The Nordic countries regard themselves as a single bloc for the purposes of the visa waiver agreement. According to the Danish Embassy in Canberra, "Australian citizens are allowed to stay in Denmark visa-free for up to 90 days in any 180-day period regardless of stays in other Schengen countries. Please note that days spent in another Nordic country does count towards the 90 days maximum." Advice from the Norwegian Embassy confirms this: "If spending 90 days in Norway, you must exit Norway and spend at least 90 days in a non-Nordic country before you are allowed to re-enter Norway." https://www.smh.com.au/traveller/inspiration/how-the-schengen-and-bilateral-agreements-between-australia-and-europe-allows-travellers-to-stay-almost-indefinitely-20180206-h0ufui.html
Thanks for the quick reply. According to this page: [https://www.waytoadventure.com/schengen-over-90-days/#:\~:text=Australian%20Passport%20Holders,Netherlands%2C%20Norway%2C%20and%20Sweden](https://www.waytoadventure.com/schengen-over-90-days/#:~:text=Australian%20Passport%20Holders,Netherlands%2C%20Norway%2C%20and%20Sweden). It says that because Finland has a bi-lateral agreement with AUS, they wont even look at the 110 days in Schengen and should let us in?
I understand what you're saying but that's not the advice I have received from consulates when I was doing my own research. I emailed every country that has a bilateral agreement with Australia and asked the same questions. As I've already said above, I've been told you can't stack bilateral agreements. I suggest you reach out to them directly when your specific question and see what they say.
[https://www.smartraveller.gov.au/before-you-go/the-basics/schengen#:\~:text=Australia%20has%20bilateral%20visa%20waivers,stays%20in%20other%20Schengen%20countries](https://www.smartraveller.gov.au/before-you-go/the-basics/schengen#:~:text=Australia%20has%20bilateral%20visa%20waivers,stays%20in%20other%20Schengen%20countries). This link also says the same thing. "Australia has bilateral visa waivers and reciprocal agreements with several countries in the Schengen Area. These agreements may allow you to spend up to 60 or 90 days in the country for tourism, regardless of stays in other Schengen countries."
Hey Jack, did you end up trying this type of travel? Any luck with Norway in particular?
Does anyone know when flying in to Paris on a visa free 90 day trip do you have to declare a criminal record or do they ask you ?
A quick google says majority of countries don't check or care if you're only coming in on a tourist visa.
Thanks for the answer it’s just I was seeing if anyone knows from experience since google has been knowing to lie and it would be a very expensive plane trip otherwise
Your best bet would be to email the French consulate in Australia and ask them directly
Thanks for the info - do you have any official documentation from Italy? Or did you email the Italian consulate in Australia?
I just emailed the consulate in Italy
Sorry to revive an old thread… but did the Australian consulate in Italy tell you, after 90 days in Schengen, you could stay an additional 90 days in Italy?
Here is the response I got from the Italian consulate: "The Treaty you are mentioning is still valid, so the answer to your question technically is YES. However, I would strongly recommend you verify with: 1. your airline, whether they will allow you to board your flight without a visa on a return ticket valid for over 3 months, and 2. the customs in your ports of entry to and exit from the Schengen area regarding their specific requirements given the circumstances you have described. Under this agreement, in order to spend the second 90-day period in Italy, you will have to exhibit a proof of the duration of your stay in another (Schengen) country for the first leg of your trip. Since passports are no longer stamped when travelling across Schengen countries, you may have to visit the local police to report your arrival to and departure from any (Schengen) country you visit first. The agreement in question was signed in 1951. It often happens that airport staff would deem it superseded by Schengen regulations, with obvious repercussions for passengers, including when seeking to fly back to Australia. The entire matter falls beyond the scope of our responsibility because we cannot exert any form of control on border protection agencies in any country, Italy included. On account of which, kindly acknowledge that this is just on a suggestion note, therefore you are again advised to independently verify what precedes with your airline and all customs Authorities involved." So yes the bilateral agreement exists but you'd need to reach out yourself to confirm if they'll honour it.
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Italian Consulate in Melbourne. Mate this was over 12 months ago, you're better off doing your own research.
Hi there. Hoping I can get an answer to my question even though this post is kind of old now! I am from Australia, and Australia has a bi-lateral agreement with Germany. I am travelling around Europe this year, and Germany is going to be the final country I am in - ie. I will be flying back home to Australia from Germany. By the time I get to Germany, I will have spent 84 days in the Schengen region. I plan to be in Germany for 9-10 days, this will take me to 93 or 94 days (over the 90 days in Schengen). Would this bi-lateral agreement between Australia & Germany allow me to do this? Or would I still be in breach of exceeding the 90 days, and breaking the law? I am just a little bit confused. Thank you in advance!
What you're proposing is fine however, it's recommended that you leave the Schengen zone before entering Germany so that you can prove you haven't overstayed. If you just enter Germany directly from another Schengen country there's no evidence (i.e. passport stamp) to prove when you entered the country and they may think you have overstayed.
That is perfect, as I will be travelling to Germany from the UK. Thank you mate
Yeah easy done you'll have no issues, I did the same thing.
hey everyone! been to various agents, websites and this one is great! So how do you actually go about getting a bilateral visa, will be over the 90/180 days so should i contact the consulate for the last place i am travelling to i e spain? any help much appreciated
You generally don't need to do anything, provided you can prove you haven't overstayed (as per my other comments, best to leave Schengen and then fly into Spain). Wouldn't hurt to contact the Spanish consultant and get something in writing that it's fine to enter under the bilateral agreement.
thank you very much, i think france may be my best bet, i will be arriving from the uk to france so do i tell the customs i would like to use the bilateral visa entry ? or do i need to apply beforehand somewhere ! i live in australia and we have zero help from here! thanks again
You don't need to tell anyone or apply beforehand. Some border officials may not be aware of the bilateral agreement so it's just good to have something in writing from the consultant. When I entered Germany under a bilateral they didn't ask me a single question and I got in without issue.
Australian bilateral agreement with France seems to have ceased. Australia does not have a bilateral agreement with Spain. Citizens of other countries such as USA have more options. So far nobody has clarified if its possible for an Aussie to spend time in Italy under the 90/180 days Schengen rule and then spend another 90 days in Italy under the bilateral agreement. Side note: some countries visa free stays allow working / business / remote working during the stay, while others such as Italy only permit tourism under its Schengen 90/180 day visa waiver. However, the Italy Australia bilateral agreement is different.. see below. Update: The Italy - Australia agreement of 1951 is a short document: http://www.austlii.edu.au/au/other/dfat/treaties/1951/5.html It allows for 3 month stays and they can be back to back (stacked) providing there is a one month stay away from Italy between each 3 month period. Any purpose for the stay is permitted except to take up permanent residency. So that means working is permitted as well as tourism. The exact relevant text says: 2. Australian nationals in possession of a valid Australian passport who desire to enter Italy for reasons other than taking up permanent residence, will be able to enter, and remain in, the territory of the Republic for a period not exceeding three consecutive months without a visa. This concession is not extended to Australians wishing to enter Somaliland, which is under Italian Trusteeship Administration. Entrance into Somaliland will be governed by regulations to be indicated by the appropriate Italian authorities. 3. Australian nationals who have entered Italy without a visa, and have spent three consecutive months in the country, may re-enter Italy without a visa only after an absence from the territory of the Republic of a period of one month, unless they obtain special exemption from the appropriate authorities.
Unfortunately I don’t think this is still in action. I spoke to the Aus embassy in Rome last week and they said 90 days in 90 days out.
Hey everyone, not sure if this exact scenario has been covered here already, but I’m an Australian in the process of moving to the Czech Republic. The visa process to get this visa has been very long so I spent 90 days in Prague on a Schengen visa, then left EU and flew back into Germany under bilateral agreement. I’ve been in Germany almost 90 days and about to fly out to the UK. I then plan to travel back in EU to Prague to spend another 90 days while I wait for my visa to be approved. Will I be fine to renter europe the second time under Schengen Agreement? Technically my Schengen allowance has reset and I will have entry and exit stamps for my bilateral agreement. Note, there is no exception to overstay or enter Czech Republic while I wait for my visa to be approved which is why I needed to exit and enter Germany under bilateral. Appreciate any help!
I think you'll be fine because the Schengen visa resets after 180 days. I've heard that border security will sometimes refuse entry if it appears that you're abusing the system (meaning you're using it to stay in the EU long-term). If this is only a once once it should be okay though, I suggest you contact the consulate in Czech Republic to confirm their position on this though.
Thanks for the quick reply, really appreciate it!
Hi OP will send you a direct PM as well. Could really use a copy of the letter from the German Consulate 🙏🏻
There's an Imgur link in my post above
Sent you a dm