Visiting the EU & exceeding the 90/180 rule

[trialframe]

Any real life experiences re exceeding the 90/180 days in the EU. We plan to sail to La Rochelle from the UK & probably spend 2 months in France. Then shortly after returning to the UK, I plan to fly to the Azores & help crew my friend's boat there, ultimately returning to the UK via La Palma in the Canaries.
It would seem likely that I'll exceed my 90 days allowance. How worried should I be?
(I haven't been in the EU in the previous 90 days)

 

[Fr J Hackett]

Do let us know. Your problem if there is one will become plain when you transit via customs check either leaving or trying to enter an EU country. I suppose the worst that could happen is that you will be refused entry or your passport will get stamped ensuring that you cannot enter an EU country in the future much like the US does for undesirables. It all depends on how joined up the EU customs checks are and or how diligent the customs officers are in checking the entry date stamps in your passport.

 

[Norman_E]

Can you check out of Portugal in the Azores, then sail to the Canaries and check in to Spain. I do not see why not as you are going into international waters, so the days at sea should not count as days in the EU.

 

[capnsensible]

Can you check out of Portugal in the Azores, then sail to the Canaries and check in to Spain. I do not see why not as you are going into international waters, so the days at sea should not count as days in the EU.

Would save 7 or 8 days. Could be worth it.

 

[Graham376]

Can you check out of Portugal in the Azores, then sail to the Canaries and check in to Spain. I do not see why not as you are going into international waters, so the days at sea should not count as days in the EU.

They will only check out if leaving EU waters for destination outside EU so, heading from Azores to Canaries doesn't apply. OTOH, declaring leaving Azores direct to UK will obtain exit stamp. Plans can of course change en route.

 

[stranded]

Brits Overstaying EU's 90/180 Days Rule to Face Penalties - SchengenVisaInfo.com

This tells you what might happen, but as others have said, nothing can tell you what will happen. Checking out of Portugal for your passage is a no- brained if days will be tight. Also slightly encouraging but at the end about May face no sanction if reasonable justification.

 

[Sandy]

I can only give a couple of experiences:

1. Due to timings I was unable to check out of A Coruña. I returned to Roscoff on the ferry to 'check out' with 40 days on the clock and was questioned why I had not checked out. Eventually I was stamped in, without the twang of Marigolds, had lunch in my favorite creperie and returned to the ferry terminal for the afternoon sailing back to Plymouth as was stamped out;
   
   
2. A colleague entered Holland with no exit stamp in his passport an instant €500 fine.

A refusal of entry mark in your passport will cause additional scrutiny at any border crossing while you have that passport.

Other friends have researched visas for extended stays and as long as you play by the rules you can enjoy the delights of the mainland.

Given your plans I can't see you overstaying the 90 days as long as you stamp in and out at each port of entry.

 

[Norman_E]

I also think you should not exceed 90 days. Say you use up 60 in France. Even if you spend a week preparing the boat in the Azores and cover less than 100Nm per day you should do the trip in a week or so, and would still have two weeks left. This web page shows a trip in the opposite direction made in less than 5 days, 2017 Sail La Palma, Canaries to Santa Maria, Azores

 

[trialframe]

Thanks for all your replies. I should have been slightly more explicit. When I fly to the Azores we're spending some time there & then sailing to Tazacorte in La Palma where he keeps the boat. I will fly back to the UK from there.
The Azores / La Palma holiday could easily exceed 30 days.

 

[Fr J Hackett]

Thanks for all your replies. I should have been slightly more explicit. When I fly to the Azores we're spending some time there & then sailing to Tazacorte in La Palma where he keeps the boat. I will fly back to the UK from there.
The Azores / La Palma holiday could easily exceed 30 days.

Then you will need to check out of the Azores by saying the boats next destination is not in the EU. When you arrive in La Palma you will then need to check in and of course out when you fly back.

 

[st599]

Before or after EES comes in? Because once that is running, the penalty is automatic.

 

[trialframe]

It will be this summer returning early October- so before I think.

 

[serendipity66]

A friend with a villa in Spain overstayed by 2 weeks last summer.
Heavy fine and passport stamped for maximum of 30 days only on next visit.
But this was just the one EU country and they could control / enforce it.

 

[ean_p]

A friend with a villa in Spain overstayed by 2 weeks last summer.
Heavy fine and passport stamped for maximum of 30 days only on next visit.
But this was just the one EU country and they could control / enforce it.

What was a 'heavy' fine please?

 

[starfire]

A friend had a visit from the national police on his boat, in its normal berth.

During the visit, he, announced his intention to the friendly officer to take a trip to Gib & Morocco.

No problem announced the officer, I'll stamp you out now.

The trip was scrubbed, so he is still in the marina, off the clock.

Not sure if it will work everywhere.

 

[LittleSister]

You can take the French couple of months out of the equation, I believe, by obtaining before you go there a 6 months tourist visa from France. It will mean, I understand, that the 90/180 clock will not start until you get to the Azores.

 

[geem]

Can you check out of Portugal in the Azores, then sail to the Canaries and check in to Spain. I do not see why not as you are going into international waters, so the days at sea should not count as days in the EU.

You need to tell them you are going to the UK when you check out of the Azores or they may not stamp you out. This happened to us in Portugal. We told them we were going to the Canaries. they said they wouldn't stamp us out. We said we needed to sta p out since we would be at sea in international water for a few days. They still refused. I said OK, we will go to the Cape Verdes since we have so little time left on the 90 days there is no point in going to the Canaries. The customs officer was not happy but stamped us out. We then went to the Canaries

 

[st599]

You can take the French couple of months out of the equation, I believe, by obtaining before you go there a 6 months tourist visa from France. It will mean, I understand, that the 90/180 clock will not start until you get to the Azores.

Requires an address in France, so may need pre-booked marina or may not be available at all.

 

[Baggywrinkle]

Handed my UK passport to passport control in Munich airport on a flight to the UK. The border guard flicked through the passport and noticed there was no entry stamp. He then questioned me as to why there was no entry stamp and I replied it was because I applied for the passport while resident in Germany and that I was also a German citizen. He then asked for my German ID or Passport, I supplied them and he immediately lost interest. So on my sample of one interaction with airport passport control they do check. Have no idea what would have happened if I hadn't been a German citizen though.

 

[stranded]

Requires an address in France, so may need pre-booked marina or may not be available at all.

I think the jury’s still out on whether you actually need an address in France - it may well be that evidence that you meet the minimum funds requirement for someone without an address would be sufficient - can’t remember what exactly that is but think it was c. £240 per person per day.