Overstaying 90-Day Schengen Visa in Portugal: Risks and Realities

If I were your friend I'd be very concerned.

Yes, his entry and exit dates will be checked on departure.

I suspect, even if allowed to leave without penalty, he may well hit a problem the next time he attempts to secure/apply for a visa to re-enter any EU Schengen state.

This isn't Asia, they simply don't fine you £10 a day overstay.

I agree with your last statement that outcomes can sometimes vary. I've heard anecdotal stories of people who've overstayed their visas and have managed to leave the country without penalties or complications. This is probably due to a combination of factors such as administrative oversight or the specifics of an individual case.

The enforcement of visa rules can vary greatly due to differences in individual border guards' attentiveness to detail. While some guards meticulously check every stamp, date, and detail in the passport, others might perform more cursory checks, especially during busy periods or due to other factors such as their personal judgement.

This inconsistency does not mean travelers should disregard visa rules. But it's important not to be alarmist or encourage fearmongering. While the consequences you outline are absolutely possible, and indeed are part of the official policies of the Schengen states, it's also true that enforcement can vary.

Portugal, much like other tourist-friendly nations, greatly values the contribution that foreign visitors bring to their economy. On the other hand, some perceive that the EU is seeking to set a precedent by enforcing stricter rules and penalties on UK citizens, possibly to deter other member states from contemplating similar exit strategies.

I'm particularly interested in hearing personal stories that would shed light on how these immigration rules are being enforced for UK citizens. Has anyone experienced or heard of instances where individuals have been prevented from entering Portugal or other Schengen countries due to previous overstays? On the flip side, are there stories of people who have overstayed and then re-entered without any issues? These personal experiences can provide valuable context and insights into the realities on the ground.

I travel to UK - Portugal - Asia every year.

As does my Asian partner..in reverse.

Almost every application for Visa has its complications and, as I write, I have two complications with different visas.

The embassies are far from understanding or proactive.  Over almost a decade I can conclude that it's better not to take anything for granted and if you are planning to travel to any nation it's best to check and double check the visa requirements and not disregard a nation's requirements.

Eg. I've had my passport removed from me, essentially put into house arrest and faced forced deportation because my company's travel agent overlooked my passport had only 5 months to run.

Also, my partner has been refused international flight boarding because her arrival date in UK was 4 hours before the official " start date/time " of her visa, even though that time was already past in her native Asia.

If you overlook or fly by seat of your pants then expect that you may hit a wall sometime soon.

I'd suggest, stick by the rules and take no chances whatsoever on international travel.

I find it quite sad that only 100 years ago (or even less) it wasn't even necessary to own a passport to be able to travel from Europe to the USA or to many other locations around the world. If you had the money to buy a passage and could support yourself at the destination everything was fine.

Expecting preferential treatment because one is a UK (former EU) citizen is not practical.  The rules apply to every Non-EU citizen.  The UK people voted for this, now its citizens must bear that responsibility.

The person concerned should expect to be questioned about the reason for the overstay.  Depending on the outcome of the questioning, a fine can be imposed and or a ban on future re-entry to Schengen.  In any event, the overstay will be recorded in SIS-II and they will likely face scrutiny upon re-entering Schengen again, even if they left Schengen without incident.

Do Portuguese immigration officials routinely check the passport stamps upon departure?
Are they strict about the 90-day rule and do they impose severe penalties for overstays?
Are UK citizens, in particular, at a risk of a ban from re-entering the Schengen zone in case of overstays?

Any insights you could provide on this matter would be immensely helpful.
-@SintraSeeker

I assume (!) that these days all passports are scanned at the airport and a computer program will immediately check the information in it against a database. There shouldn't be a long looking for stamps anymore. This is an assumption when it comes to Portugal, but at the Frankfurt Airport the computer does most of the work.

It will happen soon across the EU.https://en.m.wikipedia.org/wiki/Entry/Exit_System

@romaniac

More than proud to have voted for Brexit and more than happy to reap the benefits.

Are records checked on exit from Portugal ?Absolutely yes.

On each exit (I have no Schengen visas in my passport ) I am routinely asked if I am a resident and if so, then asked to produce any residency documents I hold.

The SEF border control, even without a stamp in passport, is aware of your entry date and IF your exit date is more than 90 days later, I presume, they are checking if you had/have the right to remain longer or if you are breaking visa terms.

Do all arrivals and departures now go through the RAPID4ALL system? This would make me believe that any overstay is automatically detected.

Fast track...

https://www.expat.com/forum/viewtopic.p … 42#5401811

(Post #24)

Fast track...
https://www.expat.com/forum/viewtopic.p … 42#5401811
(Post #24)
-@JohnnyPT

I assume (rightly or wrongly) that the e-gate is checking the travel documents and runs checks against a database.

https://www.sef.pt/pt/pages/noticia-sef.aspx?nID=971

international airports in Porto, Faro and Funchal, also starting today to be available to UK citizens. Remember that, until now, RAPID4ALL was only available at Humberto Delgado Airport, in Lisbon.

This expansion to the remaining airport infrastructure will allow for a faster border control process, without ever compromising security. Combined with the experience and competence of the technical team of the information systems and the SEF Inspectors, this extension to more airport infrastructures and availability to more foreign citizens are relevant factors of speed and reliability that are verified simultaneously.

The objective is to modernize, accelerate and improve the management of the external borders of the Schengen countries, while increasing the effectiveness of border controls and combating illegal immigration. It should be recalled that, to that extent, in 2015, Portugal was one of the 12 countries chosen to test the EES system (Entry and Exit System), which will include registration

biographical and biometric of all third-country nationals who cross the external borders of the European Union, for a short-term stay. For now, RAPID4ALL is available, upon entry into national territory, for citizens of Australia, Japan, New Zealand, United Kingdom and Singapore; and when leaving the country for citizens of Australia, Brazil, Canada, South Korea, USA, Japan, New Zealand, United Kingdom,

Singapore and Venezuela. The set of nationalities may be extended or readjusted depending on the fulfillment of the necessary and indispensable requirements for the use of this system

It will happen soon across the EU. https://en.m.wikipedia.org/wiki/Entry/Exit_System
-@SintraSeeker

November is when it will happen.

It has been delayed until 2024, likely after the Paris Olympics.

I write today seeking advice for a British friend of mine who is currently visiting Portugal and seems poised to exceed the standard 90-day visa-free stay for UK citizens within the Schengen zone.
Despite my advice, he seems rather nonchalant about the issue, thinking it won't pose a problem for him. However, I'm quite concerned about the possible repercussions he might face, such as penalties or a ban on re-entering the Schengen area.

So, I was hoping if anyone here could share their knowledge or experiences on the matter:

Do Portuguese immigration officials routinely check the passport stamps upon departure?
Are they strict about the 90-day rule and do they impose severe penalties for overstays?
Are UK citizens, in particular, at a risk of a ban from re-entering the Schengen zone in case of overstays?

Any insights you could provide on this matter would be immensely helpful.
-@SintraSeeker

Your friend might get away with overstaying 1 day but longer that will cause problems.

Are officials strict? Yes

Only this year 2 Austrians have been refused to enter the UK and their passports got stamped.

It has been delayed until 2024, likely after the Paris Olympics.
-@SintraSeeker

ETIAS has been delayed until 2024 because of the Paris Olympics. This is something completely different.

@slugsurmamates more than proud .. lol .. oh well...

@SimCityAT EES and ETIAS are both delayed. But they might do ETIAS before EES now. Previously the plan was to implement ETIAS first.

@SimCityAT EES and ETIAS are both delayed. But they might do ETIAS before EES now. Previously the plan was to implement ETIAS first.
-@SintraSeeker

No, they are not, I explained it to you. Try following the News. 

Wrong. EES will now go into effect in November 2024 and ETIAS will follow. Try following the news.

    Wrong. EES will now go into effect in November 2024 and ETIAS will follow. Try following the news.
   

    -@SintraSeeker

Yes will follow in May next year.

Hi All

I sit and read about some people’s issues on this platform, their questions are genuine concern and problems that mirror our own. I read or follow as do many concerned expats, trying to navigate these minefield's as individual and meaningful as we all are.

My issue is with the expert who respond with attitude as much as we need and appreciate the expert advice i would be greatful on behalf of all the people who are not as confident as yourselves, please be a little more humble and understanding with the person you are giving advice too!

Your advice is greatly appreciated

Dave

    see them simply trying to seek solution. are only aski for the best of advice. I would like to request that the people returning advice be a little more generous and humble with their response