Overstaying 90/180 Shengen days when in PT GV pre-approval

[raymondggirard (Raymond Girard)]

Hi everyone! We’re about to surpass 90/180 days stay in Portugal for the first time since GV application (Nov 22) and have… questions.
If we overstay:

1. Many here say that we are for all intents and purposes we are considered PT “residents”… and that days spent here, even while we’re in GV process, don’t count to Shengen 90/180. OK, sounds good… but if we return to PT via another Shengen coutnry (ie; Spain) how would customs there know we’re PT “residents”? Won’t they add up our PT days and count them toward Shengen days anyways? Will our “status” as PT residents show up in the customs clearing system they use?
2. If we’re over 90/180, will we be able to reenter PT (from Canada) without problem?
3. Do we need a lawyer’s letter to ease the process at PT Customs (our lawyers say to “show application receipt” but they’re super nonchalant about it… and the receipt we have is a bit vague)
   Thanks in advance for any feedback or help!

[PTbound (A L)]

Hi - this has been covered on NG numerous times before. Most recent is probably the following (read her whole post, I only pasted a few paragraphs).

@Margarida.Torres

So, from a practical standpoint, Portugal is allowing individuals who are awaiting the issuance of their residence card to reside in the country, even though they may be considered to be in an irregular situation from a strictly legal perspective.

Remaining in Portugal is significantly easier if you have already obtained pre-approval for your residence application.

Nevertheless, complications may arise when applicants need to travel, particularly if their travel plans involve transiting through other countries. While direct travel between Portugal and the applicant’s country of origin—both for departure and return—usually does not present major difficulties, challenges are more likely to occur when the journey involves stopovers or entry into third countries, where the lack of a valid residence permit may lead to problems with border control or airline boarding policies.

It should be emphasized that layovers in other Schengen Area countries should be avoided whenever possible, as they may lead to complications at border control. It is strongly recommended to clarify your travel status with the airline in advance of your departure. This will allow the airline to annotate your booking with an ‘OK to board’ remark, thereby reducing the risk of denial at check-in.

To facilitate this process, you should provide the airline with all relevant documentation, such as proof of a scheduled appointment with the Portuguese immigration authorities (AIMA), an expired residence permit, any official confirmation of the appointment for renewal, pre-approval notification and appointment for collection of biometric data and other relevant documents according to the concrete situation.

While the ARI is a residence permit, it does not grant the right to live in Portugal before approval and issuance of the residence card. Until the permit is issued, applicants are considered third-country nationals and must adhere to Schengen visa rules or visa-free travel restrictions, which typically limit stays in the Schengen Area to 90 days within a 180-day period.