Checking out of France from UK

[Amlov]

Surely the question here is whether your friend's 90 days have elapsed. If it is still less than 90 days since they first entered the Schengen zone then the problem may not be significant. A simple trip to France and a shrug to say 'someone must have forgotten to stamp my passport' when they came through customs might work. Clearly they would be outside of the Schengen zone now, so an explanation that the passport wasn't stamped when coming through customs would be plausible. I don't believe that French customs currently record entry electronically, they just check electronically to see if you have an outstanding flag against you, such as motoring offence.
If it is more than 90 days since they entered the Schengen life is going to be more difficult. It might be possible to provide proof that your friend was outside of the Schengen during this period and didn't exceed their 90 days, but there can be no guarantee that this would be accepted as the customs official has no idea how may days they actually spent in the Schengen zone.
Personally, if it were me, I would wait until 180 days after first entering before returning to the Schengen zone and then use the shrug and someone forgot to stamp it line.

 

[dunedin]

From Mid-2022 Brits Will No Longer Have Their Passports Stamped During EU Border Checks - SchengenVisaInfo.com

I believe that article from 2021 is out of date. The new computer system to replace passport stamps has been delayed again.

 

[Poignard]

I believe that article from 2021 is out of date. The new computer system to replace passport stamps has been delayed again.

Do you think that means passport stamping is in limbo for the time being? It may happen or it may not, depending on the whim of the officials at the border?

 

[Ningaloo]

The stamps are only for show and as a physical record that can be reviewed by immigration officers. If you have a stamp it will almost certainly have been scanned into "the system".
However at present it appears that every Schengen state has its own "system".
This will be rectified by the delayed electronic entry system (coupled with ETIAS) which will allow all states access to this data.
Until then you can take a chance and unless you happen upon a zealous/conscientious immigration officer (as I did in Corfu) you will probably be ok.

 

[doug748]

That's true, they have been routinely scanning passports at major ports for a long time but, as you suggest Ningaloo, I don't think the present system has the capability to pick up overstayers or indeed those who have left unconventionally and returned. Only a guess though.

 

[st599]

That's true, they have been routinely scanning passports at major ports for a long time but, as you suggest Ningaloo, I don't think the present system has the capability to pick up overstayers or indeed those who have left unconventionally and returned. Only a guess though.

It doesn't - but as of next year it will (and there'll be a fingerprint scan to check it's the person named in the passport). Once operational, one of the listed aims is to automate overstay detection and bans/fines.

 

[Amlov]

That's true, they have been routinely scanning passports at major ports for a long time but, as you suggest Ningaloo, I don't think the present system has the capability to pick up overstayers or indeed those who have left unconventionally and returned. Only a guess though.

As explained to me by a customs officer when I was boarded as I exited the Chanel de Four in May, although my passport was scanned in Roscoff this doesn’t get uploaded into any database. They just check it against a database of individuals they are interested in. They confirmed that had no way of checking that I had cleared through Roscoff, hence the reason for stopping me.

 

[eebygum]

As explained to me by a customs officer when I was boarded as I exited the Chanel de Four in May, although my passport was scanned in Roscoff this doesn’t get uploaded into any database. They just check it against a database of individuals they are interested in. They confirmed that had no way of checking that I had cleared through Roscoff, hence the reason for stopping me.

That was my friends understanding from reading records of similar conversations with French customs … the entry is never recorded electronically in any French database. If my friend got a replacement passport for £75; that would be cheaper (and convenient) than the rail fare/ferry to France to get a stamp and less than the cost of sitting in a French marina for a week waiting for the storm to pass.

 

[eebygum]

French Embassy?

That’s an option, but given the cost of rail fares it would be cheaper and more convenient for my friend to just apply for a replacement passport for £75.

Since the current policy accepts the principle of ‘force majeure ’ ; it’s not unreasonable to ask what is the process to get an exit stamp in such a situation.

 

[eebygum]

He might have lost his passport mid channel?

I will check with my friend if that unfortunately happened as well…. The £75 cost of a replacement passport would certainly end up being cheaper for him than a week staying in French marina sitting out the storm.

 

[eebygum]

Apply for a new passport in the UK claiming old one was stolen. Many have 2 passports. I doubt that they would replicate the EU entry stamp. Then when going to EU next time they may not notice.
He could get on a passenger foot ferry & go to France & back & get a new pair of enty exit stamps.
But in any event he should have emailed the eu border force the advance notice of exit. Did he do that?
Or he could go to a stationery shop & ask them to make him a similar stamp & stamp the passport himself.
I am surprised that they are not for sale on Ebay yet- Or are they?

Note
Edited to avoid upsetting frogmogman

I’ve asked my friend to check if that page in his passport got damaged in any way; or eaten by his dog ( he has a Jack Russell with “razor sharp” teeth). So long as the biometrics/ID page is not damaged then his passport is still valid.

Not that the passport actually belong to him, it belongs to the government at the end of day. He could ask them to replace it for £75 which would still be less than the hypothetical cost of sitting in a French marina for a week waiting for the storm to pass.

 

[eebygum]

In the past you might chance a passage because the consequences of having to divert might just mean a longer or uncomfortable passage.
Now there are legal consequences.
Of course if you never want to return to Schengen, it doesn't matter. The port police might not bother to count days but is the same true at ferry ports or airports? This has happened to myself and at least one other poster on this thread.
It is an interesting conundrum. The OP has knowingly put himself in the situation where he might be treated as an overstay on return to Schengen with no apparent means of rectifying this.

In the scenario I’ve described my friend did not knowingly put himself in the situation, it was Force Majeure.

We could debate with him whether it was or not for a 180 days or more, but if we restrict ourselves to the point of my original question……How does he genuinely correct the situation ?

 

[eebygum]

In August 2021 my wife and I took the ferry from Portsmouth to Caen.
Our passports were stamped at Caen.

When we returned a few weeks later our passports were not stamped at Caen.

Soon after, my wife obtained a new passport. It had no stamps, obviously.

Since then, we have made several trips to and from France.

Neither of us had our passport stamped on these visits.

Going by the stamps in our passports, I have been in France continuously since August 2021 and my wife has never been there.

Yes my friend researched this issue extensively whilst ideally cruising the beautiful Northern French coast and he concluded that if the approaching storm meant that he missed his Port of Entry for departure and Force Majeure took him directly back to blighty then the worst case scenario would be a £75 replacement passport (like your wife’s) as opposed to a week of French marina fees… or maybe he will just accept the risk/inconsistency and shrug his shoulders on the oversight if he revisits.

 

[eebygum]

Those advocating variation on a theme of ignore it and hope it goes away, including the new passport idea would probably have been correct before IT became so pervasive but a line of data in a computer never goes away and is liable to surface at an inconvenient time.

ISTM that, while one can argue the merits or otherwise of undertaking a voyage when bad weather is likely, either the forecasts or our interpretation of them do get it wrong, making a diversion necessary. If no one's thought of that, well, it's time they did. My wife is French, so has regular dealings with French administration and she's nearly always found them helpful and pragmatic. I'd get in touch with the French Consulate.

Since the principle of Force Majeure is accepted in even the best laid plans then yes you would think there is an easier way to rectify it then either getting on a ferry back to France, applying for a new passport (which at £75 would be cheaper than a rail/ferry option)

My friend found all the French officials in Roscoff extremely helpful so maybe an email to the French Consulate would be a good first step and he might be able to resolve it in a UK city closer to where he lives.

 

[eebygum]

Surely the question here is whether your friend's 90 days have elapsed. If it is still less than 90 days since they first entered the Schengen zone then the problem may not be significant. A simple trip to France and a shrug to say 'someone must have forgotten to stamp my passport' when they came through customs might work. Clearly they would be outside of the Schengen zone now, so an explanation that the passport wasn't stamped when coming through customs would be plausible. I don't believe that French customs currently record entry electronically, they just check electronically to see if you have an outstanding flag against you, such as motoring offence.
If it is more than 90 days since they entered the Schengen life is going to be more difficult. It might be possible to provide proof that your friend was outside of the Schengen during this period and didn't exceed their 90 days, but there can be no guarantee that this would be accepted as the customs official has no idea how may days they actually spent in the Schengen zone.
Personally, if it were me, I would wait until 180 days after first entering before returning to the Schengen zone and then use the shrug and someone forgot to stamp it line.

It’s likely to be more than 180 days before my friend returns so I understand he is practicing a Gaelic shrug of the shoulders in the meantime ?

 

[Daydream believer]

Is it possible to save the date, attached to the the track of a yacht's passage? One might also keep a record of the weather report. They can be recovered from the Met office, I believe.
Then that could be saved for future reference, to show the boat, at least, leaving the schengen zone. Coupled with the C1331 submission,( did he bother, ) it might come in handy In showing his exit & reason for departure.
Then email the correct French port of exit, explaining the problem.

 

[doug748]

Good luck and salutations to the friend, he has obviously convinced himself he was a victim of "Force Majeure" French Customs my take the view that he simply buggered off without signing out

Personally I would go a long way to avoid having the trouble officials into making a decision. Once they take an interest, they have the adhesive quality of dog droppings.

.

 

[eebygum]

Is it possible to save the date, attached to the the track of a yacht's passage? One might also keep a record of the weather report. They can be recovered from the Met office, I believe.
Then that could be saved for future reference, to show the boat, at least, leaving the schengen zone. Coupled with the C1331 submission,( did he bother, ) it might come in handy In showing his exit & reason for departure.
Then email the correct French port of exit, explaining the problem.

My friend did register in and out of the UK with the C1331 form and also cleared into Guernsey when he had to divert, his Navionics track on the iPad will show a record of his journey ….. but I cannot see trying to explain weather reports to any French or English authorities is going to get very far….allegedly he also ripped his mainsaail and could not make sufficient progress upwind as a result, would he also be expected to provide a copy of his sail repair receipt ?

As courteous and helpful the French authorities in Roscoff were on entry, I really don’t think they could manage the detail my friend would need to provide to resolve an issue the UK has brought upon itself.

I think a walk into the local French consulate with some fresh croissants may get a better response.

 

[Daydream believer]

Then I suggest that your friend keeps as much info as possible & waits until returning to the schengan zone. If the issue arises- It may not if he is lucky. But if it does come up, he can show all the evidence & try & talk his way out of it.
If on the other hand nothing is said then he is clear.
The best thing would be a holiday, by ferry, or air trip. Many families do that apart from sailing . Then there would be a clear pair of stamps in & out of the zone.

 

[Ningaloo]

In the scenario I’ve described my friend did not knowingly put himself in the situation, it was Force Majeure.

It a channel crossing. 12- 18 hours at worst. If the weather forecast isn't good enough to ensure you meet your legal obligations, don't go. Today's forecasts are pretty reliable 3 days out.