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I’m in something of an unusual situation. At the end of the month, I’ll be traveling to Portugal, as a tourist, for about four weeks — before settling there for 6 months on a national visa.

Because the consulate has my passport for the national visa application, I requested a second valid passport, now in my possession.

My concern is that, because I will be entering with the second passport, without a visa, when I leave, I will appear to have overstayed the 90-Day schengen visa for American citizens.

Is this a potentially dangerous situation?

Thanks!

  • Take a day trip to UK or Morocco or non Schengen EU country and re enter with national visa? – Roddy of the Frozen Peas Jul 14 '18 at 2:59
  • I wondered about this — would that have me covered? So it would look like this? US --> PT (Schengen), PT--> UK (leave PT with Schengen, but enter Britain with national), UK--> Portugal (national), PT--> US (leave with national, but enter US with the passport I used for a Schengen) – illuminationsrimbaud Jul 14 '18 at 3:45
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    PT -> UK using visa waiver, more like. Assuming you have a US passport, you don't need a visa to visit the UK. – Roddy of the Frozen Peas Jul 14 '18 at 5:36
  • @RoddyoftheFrozenPeas, can you put your two comments together as an answer? – Willeke Jul 14 '18 at 8:56
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    @Willeke it isn't an answer though. I don't actually know if he can enter Schengen on a 90 day waiver and transition to a national visa held in another passport while already in the zone. I just suggested an alternative which would make the point moot. – Roddy of the Frozen Peas Jul 14 '18 at 15:05
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Is this a potentially dangerous situation?

Yes. The question is how great the potential for danger actually is, and I suspect it is quite small.

The Schengen codes say nothing to cause concern with your plan. They simply say that periods of stay authorized under a long-stay visa are not considered for the 90/180-day calculation relevant to short-stay visas.

But national laws are also relevant. If the Portuguese authorities are of the opinion that you must have an entry stamp on your D visa before your presence in Portugal can be considered "authorized" by that visa, there could be trouble.

The more general concern expressed in your question, that you might appear to have overstayed, is not particularly worrisome. If anyone ever looks at your movements in and out of the area, you can use both passports to establish when you entered and left. There's no requirement that an exit stamp be in the same passport as the entry stamp. In fact, if you leave after being in the Schengen area for over 90 days, you may need to show both passports, since one has the entry stamp and the other has your visa.

To avoid the problem, you can travel out of the Schengen area after you get the passport with the visa, but before you have been there for 90 days. When you leave, show the passport with the entry stamp, and when you return, show the passport with the visa.

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