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HELP! Return after overstay

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Nelitza
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Posts: 1


« on: November 20, 2015, 01:43:04 am »

Hello,

I recently found this forum and I hope someone could help me.
I am not EU resident and my bf is from Portugal. We went together to Portugal and decide to get married. Since i have to make million papers, i return to my country in July, stay 6 days and return back to Portugal. In September, I had to go back to my country, caused of parent illness.
First entry, in May, was made by my car and they are still in PT. Returns and backs was made by flights, via Swiss where they told me on my return in September that I overstay but didnt put nothing in my passport neither I pay anything. I explaine to custom border officer that I am in marriage process and I am going home cuz of my parent illness and he said to me I need D visa. Now, I have to go back... i have papers that I am in marriage process but the Embassy told me there is no any visa for it.. Does any of u know when I can return, after how many days 30, 60, 90, 136 (as I stay in PT in total), or 180 days?
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« on: November 20, 2015, 01:43:04 am »

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yaris
Jr. Member
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Posts: 94


« Reply #1 on: November 23, 2015, 02:13:29 pm »

In general, for the type C Schengen visa, how many days you can stay in Portugal is given by so called Schengen 90/180 visa rule, see here for an explanation and a sample calculation:

http://www.maxi-pedia.com/forum/index.php?topic=862.0

If you intend to stay in Portugal for a total of more than 90 days (which is probably the case after beeing married) during one or more visits within a half-year period calculated from the date of first entry, you need to apply for so called national D-type visa. The national type D Schegen visa entitles you to stay in Portugal throughout the period of its validity, and additionally move within the territory of other Schengen states for up to three months within a half-year period. See here for more details about Schengen visa types: Schengen visa types. Having been married in Portugal, you also might want to apply for a residency permit there.
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