DELIBERATELY OVERSTAYED MY 90 DAYS IN THE SCHENGEN AREA

JJC1956

I received a phone call today from Universal Credit that according to the ‘Home Office’ i have been away for over 300 days from Dec 5th 2020, which is when I went to Funchal for an extended break, we were due to fly back Jan 29th then Feb 15th but eventually flew back Apr 3rd, (Hundreds of flight cancellations) the Portuguese Government waived all visa overstays as people could not leave the country.
I spoke to the ‘Home Office’ (someone working from home) and they told me to contact my travel agent!!! I am due to go to Funchal again in 3 weeks time and am now worried that my passport is wrongly showing that I am still away, i have emailed BA, so maybe they can help, I was just wondering if any MSE travel experts can point me in the right direction, I tried ringing the Passport Office but their system just sent me around in circles.
Glad of any help anyone can give me.

Thrugelmir

Is your issue overclaiming Universal Credit or the fact that your passport wasn't stamped on leaving Portugal. 

Sandtree

Countries keep their own records, the fact the Home Office doesnt record you returning to the UK is independent to what Portugal has records of you doing. 

Do you have an exit stamp on the date you returned from Madeira/Portugal?

Your risk is that Portugal dont let you back in as an overstayer and the Home Office, which deals with internal UK matters, is not going to be able to help or advise. The Foreign & Commonwealth Office (FCO) I believe now has a page on advising people missing exit stamps but a quick google unfortunately is only bringing back redtop newspapers reporting on the advice without a link to it.  The advice generally was to bring proof of when you left, eg boarding card, ticket etc, but I guess in your case as it was over 90s that you also should bring evidence that it was allowable in the circumstances.

JJC1956

Thrugelmir said:

Is your issue overclaiming Universal Credit or the fact that your passport wasn't stamped on leaving Portugal. 

Both, I’ve sent UC dates of my vaccinations in the UK plus i even had ‘face to face’ appointments with UC in Aug, Sept and Oct but obviously nobody bothered to read my Journal before contacting me, there may still be a problem with them but it won’t be that I am still out of the country.
When myself and a couple of hundred people managed to find a flight (Apr 3rd) with Swissair via Zurich to Heathrow, with all of the paperwork involved, I don’t think it crossed anyone’s mind to get our passports stamped as we were there from Dec and the rule changes were brought in Jan 1st.
My concern is that my passport details will still be showing up that I over stayed my 90 days in the last 3 months

Sandtree

JJC1956 said:
I don’t think it crossed anyone’s mind to get our passports stamped as we were there from Dec and the rule changes were brought in Jan 1st.

My concern is that my passport details will still be showing up that I over stayed my 90 days in the last 3 months

In theory it isnt really your thing to think of but the boarder guard processing your leaving the country but it becomes your problem when they dont do their job properly.

Follow the FCO advice in terms of bringing proof of when you left the Schengen zone but be aware that some arent caring still.

JJC1956

Sandtree said:

JJC1956 said:
I don’t think it crossed anyone’s mind to get our passports stamped as we were there from Dec and the rule changes were brought in Jan 1st.

My concern is that my passport details will still be showing up that I over stayed my 90 days in the last 3 months

In theory it isnt really your thing to think of but the boarder guard processing your leaving the country but it becomes your problem when they dont do their job properly.

Follow the FCO advice in terms of bringing proof of when you left the Schengen zone but be aware that some arent caring still.

Thanks, that’s cheered me up no end

JJC1956

Sandtree said:

JJC1956 said:
I don’t think it crossed anyone’s mind to get our passports stamped as we were there from Dec and the rule changes were brought in Jan 1st.

My concern is that my passport details will still be showing up that I over stayed my 90 days in the last 3 months

In theory it isnt really your thing to think of but the boarder guard processing your leaving the country but it becomes your problem when they dont do their job properly.

Follow the FCO advice in terms of bringing proof of when you left the Schengen zone but be aware that some arent caring still.

I Just checked my passport again and though it wasn’t stamped in Funchal, it was stamped in Zurich, which might be enough to prove that I left Madeira when I said I did but not necessarily left the Schengen Area.

poppy12345

JJC1956 said:

Thrugelmir said:

Is your issue overclaiming Universal Credit or the fact that your passport wasn't stamped on leaving Portugal. 

Both, I’ve sent UC dates of my vaccinations in the UK plus i even had ‘face to face’ appointments with UC in Aug, Sept and Oct

Although you were out of the country until April, which is more than the maximum time allowed which is 1 month.

JJC1956

poppy12345 said:

JJC1956 said:

Thrugelmir said:

Is your issue overclaiming Universal Credit or the fact that your passport wasn't stamped on leaving Portugal. 

Both, I’ve sent UC dates of my vaccinations in the UK plus i even had ‘face to face’ appointments with UC in Aug, Sept and Oct

Although you were out of the country until April, which is more than the maximum time allowed which is 1 month.

Hi Poppy, yes UC will probably give me more grief but no travel was allowed Jan 29th to April 2nd, i am self employed and my catering business is/was in a University which was closed until Sept 21 (The Uni that is, not the catering unit) so any work was out of the question but yes you’re right I overstayed my break. My main concern now is whether my passport details are still showing me as being out of the UK (UC told me the Home Office told them 300 days!!!), what was the point of passenger locator forms? 

CKhalvashi

JJC1956 said:

Sandtree said:

JJC1956 said:
I don’t think it crossed anyone’s mind to get our passports stamped as we were there from Dec and the rule changes were brought in Jan 1st.

My concern is that my passport details will still be showing up that I over stayed my 90 days in the last 3 months

In theory it isnt really your thing to think of but the boarder guard processing your leaving the country but it becomes your problem when they dont do their job properly.

Follow the FCO advice in terms of bringing proof of when you left the Schengen zone but be aware that some arent caring still.

I Just checked my passport again and though it wasn’t stamped in Funchal, it was stamped in Zurich, which might be enough to prove that I left Madeira when I said I did but not necessarily left the Schengen Area.

This is correct.

Your flight from Madeira to Zurich was an intra-Schengen flight.

Your flight from Zurich to the UK was an international flight.

You may or may not have an overstay issue to deal with on your arrival as technically being in Portugal for more than 3 months you should have applied for residency. As you entered in December this is more likely to be paperwork at the airport rather than an overstay.

Keep the Swiss ticket with you, you are likely to need it.

JJC1956

CKhalvashi said:

JJC1956 said:

Sandtree said:

JJC1956 said:
I don’t think it crossed anyone’s mind to get our passports stamped as we were there from Dec and the rule changes were brought in Jan 1st.

My concern is that my passport details will still be showing up that I over stayed my 90 days in the last 3 months

In theory it isnt really your thing to think of but the boarder guard processing your leaving the country but it becomes your problem when they dont do their job properly.

Follow the FCO advice in terms of bringing proof of when you left the Schengen zone but be aware that some arent caring still.

I Just checked my passport again and though it wasn’t stamped in Funchal, it was stamped in Zurich, which might be enough to prove that I left Madeira when I said I did but not necessarily left the Schengen Area.

This is correct.

Your flight from Madeira to Zurich was an intra-Schengen flight.

Your flight from Zurich to the UK was an international flight.

You may or may not have an overstay issue to deal with on your arrival as technically being in Portugal for more than 3 months you should have applied for residency. As you entered in December this is more likely to be paperwork at the airport rather than an overstay.

Keep the Swiss ticket with you, you are likely to need it.

Thanks, I didn’t keep my Airline tickets for last April as I obviously didn’t realise there would be a problem.
I did apply for residency but due to Portugal allowing a large number of people into the country (incl Madeira) from Venezuela, there was a massive backlog, my 2nd appointment came through (approx 2 months later) after I was back in the UK.
As I said earlier Portugal waived visa applications from people that couldn’t through no fault of their own, get back to their respective countries