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Schengen Visa => Schengen Visa Q&A => Topic started by: iftekhar_ctg30 on February 06, 2017, 08:12:24 pm

Title: Overstaying in Schengen Portugal for six months
Post by: iftekhar_ctg30 on February 06, 2017, 08:12:24 pm
I have a question regarding overstaying in Schengen. I was in Portugal in a tourist visa. When i was there i got a job and started working there and paid taxes as law and regulations. I applied for the working visa and after 6 months i was in the waiting list (didn't get any result). In the mean time, i was forced to get back to my country (non-eu) as my mother got extremely sick. Then i bought a ticket and on the way back home in the Portugal airport on regular checking process they checked my visa and told me you have overstayed and don't come next five years. I did't ask anything more and just left. He didn't put any seal on my passport or any paper that i am banned.
I was wondering how do i know if i am banned or not and if yes how long?

Thank you.

Title: Request information about entry ban from visa SIS
Post by: yaris on February 10, 2017, 06:14:37 pm
Information about travelers is stored in so-called SIS. The SIS stands for Schengen Information System (SIS). It is a large-scale information system that supports external border control and law enforcement cooperation in the Schengen States. The Schengen Information System enables competent authorities (police, border officers, etc.) to enter and consult alerts on certain categories of wanted or missing persons and objects. An SIS contains information about a particular person or object and also instructions on what to do when the person or object has been found.

As is the case with any other information systems withing the EU, you have the right to know whether you are registered in the SIS database. In case you would like to know whether your name is in the database, or you would like to have the data corrected or deleted, you may submit an application for information, correction or deletion (request for information). You need a written request and a copy of your passport or identity card. I do not have the contact information for Portugal, but for example in Switzerland, you would contact:

Bundesamt für Polizei (fedpol)
Nussbaumstrasse 29
3003 Bern

or in English:

Federal Office of Police (fedpol)
Data Protection Officer
Nussbaumstrasse 29
3003 Bern

Search for similar in Portugal. Since the SIS is shared by Schengen states, I expect that the Swiss fedpol should be competent to provide the information as well. Once you have submitted an application to fedpol to obtain information, you have the right to a reply within 30 days (or 60 days by way of exception) from the time you submitted your request. Requests for information of personal data stored in the SIS may be submitted in writing either in German, French, Italian, or English.

To find out about the reason why you are subject to an entry ban, you would contact the following federal office:

State Secretariat for Migration
Admission and Residence Division
Quellenweg 6
3003 Bern-Wabern
Tel:  +41 (0)58 465 11 11
Fax: +41 (0)31 325 93 79

This is again for swiss, search for a similar office in Portugal.

Good luck and let other posters on this forum know how your case evolves, whether you have received any response.

Title: Re: Overstaying in Schengen Portugal for six months
Post by: NBatol on March 10, 2017, 09:50:13 am
Hi! I have almost the same situation with Mr. Iftekhar but for me a acquire the tourist visa from Greece and after few day  move to Italy and stayed for 4 months. While on the immigration in Italy, officer just told me your Schengen Visa is expired and the stamp exit on my Passport and that's it!
My question now is where should I inquire about this? SIS of Greece or SIS of Italy?
Is there any chance that the immigration officer did not record it? just for you own opinion?
Is there still any chance for me to acquire another Schengen visa? and if there is, should I apply in Greece again or should I apply visa from any country except Greece and Italy? thanks a lot sir.

Title: Re: Overstaying in Schengen Portugal for six months
Post by: steven on March 22, 2017, 10:35:15 am
The SIS is connected throughout all Schengen countries, you can inquire any place. You have a chance to get new visa, you always have a chance that they won't consider or even check your travel history. Although, I would suggest applying through some other country, other than Greece or Italy.