Can Britons spend more than 90 days in Madeira?
Q What happens if my in-laws stay longer in Madeira than 90 days from the start of the year? They left the UK on 14 December and were due to fly back on 20 March to Bristol. But their flight has been cancelled.
They seem to think they can stay there until May, when they feel it is more certain that they will get a flight. I’ve said they are exceeding their maximum stay. There are flights but not back to Bristol. What can happen if they stay beyond 90 days?
Rachel S
A Your in-laws are in the same uncomfortable position as tens of thousands of other long-stay visitors to the warmer parts of Europe.
Before Brexit, they could stay in sunny and beautiful Madeira for as long as they wished. But the UK has opted to become a “third country” for the purposes of visiting the European Union, which means that the “90/180” rule comes into play.
British citizens can visit the Schengen Area (covering most of the EU, including Portugal) for a maximum of 90 days in any 180. For Brits who were already in a Schengen country on 1 January 2021, that means they must leave by the end of March. The penalty for overstaying by more than a couple of days is generally a ban for a year or two on visiting the area, which I imagine would be most unfortunate for your in-laws.
Meeting the deadline is proving extremely challenging given the extra complications brought by the coronavirus pandemic – and restrictions imposed by the UK. With foreign holidays banned, airlines have been cancelling flights like there’s no tomorrow.
Helpfully, air passengers’ rights rules mean your in-laws have every right to be booked on alternative flights – whether to another UK airport (with onward transportation) or via a hub such as Lisbon or Paris.
However, were I in their position I would not be racing to persuade my airline to rebook me as the rules require – because at the moment anyone coming back from Portugal must quarantine in an airport hotel for 11 nights, at a cost of £1,750.
So I would wait to see what happens. The hotel quarantine rule will be dropped reasonably soon. The longer they remain in Madeira, the higher the chances they will avoid incarceration. If they check with the British embassy in Lisbon, it may be that the Portuguese authorities will allow some flexibility given the extraordinary circumstances.