Acredito que alguns dos oficiais de imigração estão usando mal a lei do dia 90 / 180 para rejeitar o pedido de visto de minha esposa para um pedido de imigração familiar. Eles disseram que ela não tinha mais dias para entregar a inscrição no 22 March 2019 - 22 / 03 / 2019
No entanto, eles o baseavam de alguma forma no fato de que ela havia passado os dias da 4 mais cedo em janeiro. No entanto, quando ela deixou o controle de imigração no país naquele momento. Eles apenas disseram que ela tinha que tomar cuidado porque poderia haver consequências, mas que não tomariam medidas dessa vez, porque são pequenas.
Now, the lady we delivered our application to confirmed she had stayed in Schengen, for 88 days, before delivering it on the 22.03.2019 - which was correct with my calculation. However 7 months later we got the refusal of visa based on the evaluation that my wife was in the country illegally (out of days) when we delivered the application on the 22.03.2019 - for me it seemed like the lady who had done this evaluation is still using some of the old rules. Before the change in October 2013 (Oct 18th) 90 days in any 180 day period, which means it's a constant moving 180 day.
The refusal says ''XXX person overstayed on the period between 04-01-2019 (4th january) and 08-01-2019, that means she stayed illegally when she delivered her documents. But how are those in January, relevant to her being there ilegally on the 22th of March? We counted 88 days of stay from 22th of March and to 20th of September (180 days) - same as the police officer.
Am I wrong that a legal stay is calculated from the date you wish to travel to the Schengen country, and then subtract 180 and figure out your stays in between those two dates. If that ends on say example, 84, that means you can legally stay in Schengen for 6 days. (Or more considering the period is moving again while the person stays there)
So when I bought her ticket to come back again on 08.03.2019 - I needed to count back 180 days(from 08.03.2019), and see the days she had been there. (Taking the overstay in the calculation of course) - and I came to the result that she had 19 days left. (71 stays in schengen from period 08.03.19 - 09.09.19) So it was a legal travel and stay.
Considering there was no ban, or any consequence of her overstay. Is there any law or any paragraph in the Schengen agreement, that states you are unable to re-enter the Schengen for X amount of day because you overstayed? I'm certain that's up to the member states to enforce themselves.
TLDR; If they never gave her a ban, or any other message. Would calculating a legal stay on the 22.03.19 - be as uncomplicated as counting 22.03.19 - 180 days = 09.09.2018 Then count days of stay in between those 2 dates, to know how many she has left to stay in Schengen?
Summary of travel dates from comments:
- Travel 1: 24.08.2018 - 01.10.2018
- Travel 2: 29.10.2018 - 19.11.2018
- Travel 3: 22.12.2018 - 26.01.2019
- Travel 4: 08.03.2019 - 22.03.2019