I believe some of the immigration officers are mis-using the 90/180 day law to reject my wife's visa application for a family immigration application. They said she had no more days left when we delivered the application on the 22 March 2019 - 22/03/2019
However, they were basing it somehow on the fact that she had overstayed 4 days earlier sometime in January. However, when she left the immigration control in the country that time. They only told her she had to be careful because there could be consequences, but that they will not take measures this time, because it's minor.
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