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I have a question I hope someone in my case could answer.

The context : my Mexican gf came to Belgium to join me (I am Belgian), under the visa exemption program, on the 17th of October. We made a "cohabitation légale" (accepted) and a "regroupement familial" request, for which she received an orange card (which is a temporary permit to stay and work), valid from the 20th of December 2024 to the 20th of June 2025. Our demand was rejected on the 23rd of June 2025 (for a technicality, but this has been dealt with and is not relevant to my question.)

The question: as she has entered Belgium under the visa exemption, I know that the calculation is 90/180. But in this case, she has overstayed 90 days in Belgium by a large number of days. Does it mean that

  • she must wait 180 days out of the Schengen area if she goes back to Mexico?
  • Or that the 180 days under the orange card are not counted, and therefore she has, again, 90 days available?

I have contacted foreigners support organisations to have more information, but their answers are... foggy. They cannot answer me clearly on this, and I would like to know if she can possibly go to see her mom, without the possibility of facing a 180-day waiting period to come back.

EDIT 28-06-25: Thank you all for your answers. As stated, the orange card does not indeed allow entrance, and a visa is required. That is why I must know her current status, so she can enter again if she goes back to Mexico.

As why I have doubts, here is my reasoning :

  • She needs a valid visa to enter again in Schengen, no question, that is a fact. The orange card does not grant the right to enter.
  • So if she leaves and enter again, they will check the 90/180 rules, which is again, normal.
  • In this case, I must know if the day under the orange cards will be considered as days under visa exemption regime or not.

A lawyer told me it was counted as schengen days, because the orange card is a not a valid title for such matter. But he added something after which made me doubt a lot : "as per proof, someone with that orange card is not registered as resident of the commune", which is completely and utterly false. She was registered, was allowed to work and her refusal decision specifically states that she will be removed of the commune registry.

I also agree there might be some credibility issue at the border, that is why we are careful here.

I have sent an email to the relevant administration (DVZ). I will write a follow up if I receive a concrete answer on that matter, in case face this problem later.

EDIT 29-06-25 : so, after talking to someone specialized, it appears that temporary permits do count as a Schengen stay. You are not illegal in the country delivering you the permit, but should you leave, your stay under an orange card will be accounted as a stay under Schengen visa exemption regime. The temporary permits for a first demand of stay were specifically excluded by REGULATION (EU) 2016/399.

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  • Not familiar with the specifics for Belgium, but I would presume the stay during the validity of the orange card does not count towards the 90/180 rule. Commented Jun 26 at 21:25
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    What is the formal title of the orange card? In any event, she would never need to be away for 180 days to reset the 90/180 rule; the rule resets after 90 days outside the Schengen area. @jcaron the problem seems to be that the "Attest van Immatriculatie"/"Attestation d'Immatriculation" is formally not a residence permit. Commented Jun 26 at 22:57
  • (Not an official site from 2016): Orange Card + Annexe/Bijlage 19ter: What You Should Know. A 'Return Visa' may be required. Commented Jun 27 at 2:06
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    This may be largely moot. Trying to re-enter right now, without a long-stay visa and after being refused a residence permit, even on a technicality, would raise huge credibility issues. So even if your girlfriend hasn't exceeded the maximum allowed stay, there is a high risk she would be denied entry because border guards do not believe she is only coming for a short stay (travel.stackexchange.com/questions/53411/…). Commented Jun 27 at 10:15
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    @MarkJohnson Yes, I wrote “without a long-stay visa”. Commented Jun 27 at 15:29

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