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I've stayed in Germany 11 days longer than the 90/180 rule alows (I'm a Brasilian national). Leaving Munich airport I only had to sign a form confirming I understood the committed infraction. The officer (who was very friendly and in a very good mood) didn't put any extra stamp on my passport besides the ordinary exit-date stamp.

I have a girlfriend in Germany and we have 2 daughters. So far I was going there as a tourist all the time because I work offshore in Angola, and the 4-week in / 4 out rotation was keeping me half of time away from Germany. But recently I had some extra time off so ended up overstaying.

Question: can I return to Germany before waiting the 90 days if it is for familiar reunion? Having 2 kids there registered with my paternity would make things easier I suppose.

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    Are your girlfriend and children also Brazilian, or do they hold some other nationality? – phoog Jan 27 '16 at 13:35
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    Will you have spent 90 days in Germany (or other Schengen country) in the 180 days immediately before you want to enter Germany? – DJClayworth Jan 27 '16 at 14:57
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    Are you applying for a long term visa now? – JonathanReez Jan 27 '16 at 15:33
  • Phoog, All of them are German nationals. – Carlos Moraes Jan 27 '16 at 16:44
  • DJClayworth, I left Germany 2 days ago (25/Jan), after an overstay of 11 days. But I just saw on below link that Brasilians can follow the old rule, what means, after 180 days from the first entry I'm good to enter again, instead of having to look 180 days back etc as per the new rule. ec.europa.eu/dgs/home-affairs/what-we-do/policies/… – Carlos Moraes Jan 27 '16 at 16:47
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It is unlikely, that a reentry ban has been imposed on you, but to make sure, you have the right to apply for a release of information from the German Central Register of Aliens. The application is free of charge, but you need a notarized confirmation of your signature.

Obtaining a residence permit as a father of a German child should be a formality. At least as a Brazilian citizen, you can even apply in Germany during a visit as a visa-free tourist.

For further questions regarding residence permits or taxation issues, you should ask on the Expatriates site, as it is off topic on this forum.

  • Thanks a lot for the info. I don't want to use this website unproperly. – Carlos Moraes Jan 28 '16 at 19:43

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