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José M.
José M., Attorney
Category: European Law
Satisfied Customers: 6076
Experience:  Spanish Attorney
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My 19 yr old grandson went to Portugal Sept 2014 to live

Customer Question

My 19 yr old grandson went to Portugal Sept 2014 to live with girlfriend parents he had no Visa to enter...He wants to come home and is afraid he'll have a problem leaving Portugal and pay a huge fine,because hes been there a year,he has no money....Will he have a problem leaving?
Submitted: 2 years ago.
Category: European Law
Expert:  jludwic replied 2 years ago.

If you would like to ensure that your entry is properly documented, you may need to request a stamp at an official point of entry, or download a “declaracão de entrada” (declaration of entry) from the Portuguese Immigration Service’s (SEF) website, and submit it to a local SEF office or police station within three days of entry. If you do not have a stamp in your passport, you may be questioned about how long you stayed in the Schengen area. If you are unable to prove how long you stayed, you could be fined upon your departure.

There is very good possibility that he will had difficulties trying to leave. He needs to get an immigration lawyer in Portugal to assist him with this. Or the family needs to be prepared to get funds to him.

Here is the link to the Portuguese immigration website, you may be able to find what the overstay fines are if you research it on the site.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions. Understand, it is my job to be honest and truthful about the law and sometimes the law does not give you the solution or options you want. Kindly give me a positive rating when you are done. If you feel I earned a BONUS, I am grateful. In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.

Customer: replied 2 years ago.
Judith, He has no money so how is he going to get a lawyer...and the info in what he had to do when entering is of no value to did include a web site that I haven't gone to yet....that might be helpful.....but at this time I can't give you full credit..Thank you anyway..Ruth
Customer: replied 2 years ago.
What if he can't pay the the fine..What happens?
Expert:  jludwic replied 2 years ago.

I understand Ruth, no problem.

It was clear he has no money and that is why I said family would have to be prepared to come to his aid.

If that is not an option the authorities will decide whether to deport him and he could never return to the country or they could put him in detention for a period of time.


Customer: replied 2 years ago.
The site you mentioned I couldn't fine any overstay fines......documents would just show up......I'm sorry to say this wasn't helpfull either....
Expert:  jludwic replied 2 years ago.

Then I'm sorry I was of no help. I will request customer service to move this to general European Law, they may be able to help.


Expert:  José M. replied 2 years ago.
Hi there,
As an spanish lawyer I am, my experience says that in Spain, and probably in Portugal, they do not ask question when you leave and they do noy put a fine, because the goall is that you go and they have cero profit to remain here in order to pay.
So, tell your son that leave the country and do not weait any fine
I never find a person fined to overstay a visa in South Europe
Thank you
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