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I am a Brazilian who'll be studying from 28th Sep 2018 to 18th Feb in a Polish university (aprox 144 days). However, plane tickets to Poland are a bit more expensive and I decided to arrive and leave Europe through Paris, which had the lowest fare (arriving 10th September and leaving 20th February).

The problem is: I didn't know at the time Schengen visa conditions. Despite the fact that Brazilians don't need to apply for Schengen visas, we are under the same rules, after staying 90 days in Schengen area, I am not allowed to leave the country of my type D Polish visa for more 90 days.

Would it imply that leaving Poland for France, even if is just to catch my flight back to Brazil, is illegal? If so, is there any other way to do it without canceling my return ticket?

Thanks!

  • Could you get somewhere out of Schengen(UK or ROI etc) cheap and enter again on you D visa? – BritishSam Jun 13 '18 at 9:47
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You are creating a problem based on an incorrect understanding of the visa rules. You do not mention the validity of your Polish visa, but everything seems fine.

The general rule is, that days you spend in Poland during the validity of your Polish national visa, do not count for the 90 days you are allowed to spend (as a Brazilian without further visa) in other Schengen countries.

So for a simple example: If your Polish visa is valid until Feb 18th and you spend the 90 days preceding Feb 18th in Poland, you can immediately following the expiration of your visa spend an additional 90 days in any Schengen country. If you during the last 90 days before expiration of your Polish visa spend any time in other Schengen countries, these days will be deducted from the time you are allowed to spend after the expiration of the visa.

  • An important detail would be: Will this be automatically calculated by the system or should the OP prepare to explain his situation at the exit interview? In order to prepare documents, arrive with extra times at airports, etc.? – SJuan76 Jun 13 '18 at 11:14
  • @SJuan76 I am not sure which 'the system' you are referring to, as there is none. Length of stay is calculated by going through the relevant entry and exit stamps in the passport and all required documents (the Polish national visa) is also in the passport. You can always, for many reasons, end up being stuck for some time at an immigration checkpoint, but there is nothing particularly exceptional with OP's situation. – Tor-Einar Jarnbjo Jun 13 '18 at 11:32
  • I agree that the OP has done nothing wrong, but I do not know about the level of integration between French and Polish information systems, and if the Polish data is not accessible to the French IO it could look like as if the OP had just overstayed the 90 day "visa free" period. – SJuan76 Jun 13 '18 at 12:10
  • @SJuan76 The Polish visa is a sticker in the passport and therefore obviously available to the French immigration officer. In the Schengen area, entry and exit records and permits to stay are based on stamps and stickers in the traveller's passort. There is no need for any integration between national information systems for this to work. – Tor-Einar Jarnbjo Jun 13 '18 at 12:18

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