My Brazilian girlfriend left the Schengen area (Portugal) today to return to Brazil. It turned out she had overstayed by one day, something which she and I were responsible for, as we obviously were the ones to book her flights. She was taken aside and given a 40 Euro fine.

However, she was not notified of any possible later complications for returning to Schengen. As I am a Schengen citizen (Norway), we need to know if this could lead to any kind of trouble for her when she returns. Yes, it was obviously foolish not to make sure we were within the 90 days (my mistake, as I thought it was three months/93 days), but the accident has already happened.

By the way: Should she not have been denied entry in the first place, as her ticket was already suggesting she would overstay?

closed as unclear what you're asking by Giorgio, Ali Awan, JonathanReez Jun 14 '17 at 12:30

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  • 2
    Regarding your last paragraph, in theory, yes, but not necessarily. She could have been planning to spend a weekend in the UK, for example. (Also, have the two of you ever lived together?) (Also, day counting works somewhat differently for Brazilians than for most; you might want to look into that.) – phoog Jun 3 '17 at 16:02
  • Thank you for replying. To answer your question: No, we have never lived together. That is next on our agenda, so to speak. The idea is for her to return here after my visit in Brazil in August/September, and we intend to make her stay permanent. So it is obviously essential to know whether or not she will be granted Schengen access after her overstay. – James Jun 4 '17 at 19:21
  • I don't know about possible future troubles as a visitor. She should probably plan for greater scrutiny and be sure she has evidence to support her plans, as well as a credible explanation for her one-day overstay. Once your relationship is sufficiently established for her to derive freedom-of-movement rights from your EU citizenship, however, her overstay will no longer be an issue. This can happen after a time of living together ("the partner with whom the EU citizen has a durable relationship, duly attested") or if you marry or become registered partners. – phoog Jun 6 '17 at 17:01