I am a Brazilian national and overstayed my tourist visa in Switzerland because I was waiting for a residence permit. I first arrived on the 14th of June (through Amsterdam) invited by a Swiss University to study in one of their research institutes for two months. As I'm allowed to stay in the Schengen area for up to 90 days, I didn't get any visa. I left on the 15th of August (through Paris).
During this two month period, the institute offered me the opportunity of working with them from September 1st until December 23rd, and they told me they'd take care of my work permit from Switzerland, and I didn't have to do anything in Brazil. So after spending two weeks in Brazil, I went back to Switzerland on the 1st of September.
During my immigration in Frankfurt, the officer asked for my return ticket, as I still didn't have it, I showed my invite from the University, and my work contract, and then he let me go.
In August, with absolutely no knowledge on how to hire non-Europeans, the university started to apply for my visa. After many twists and turns, my permit was denied with the excuse that my employer didn't comply with all the requirements (proving no Swiss or European citizen could do my job working in a Brazilian-Swiss research institute) and I received a letter saying I should leave Switzerland until the 14th of November, and once here, I should send an e-mail to the cantonal immigration office to prove I left in time.
In Munich, when returning home, the officer took his time to understand what had happened looking through my documents, and then stamped my passport with no further marks or warnings.
After all of this I overstayed my tourist visa by 48 days.
When can I return to Switzerland?
I would like to go for the holidays to see my boyfriend (German living in Switzerland) before going back to law school in January. I would like to go from the 15th of December until the 3rd of January.
When I asked the cantonal immigration office while doing my "de-registration", they told me I was allowed back once my 180 days (counting from my first entry in June) were over, for more 90 days.
Does this make sense?
"Losing" my passport and getting a new one with no stamps could be an alternative to avoid questions regarding my stamps?