For years I entered Switzerland at GVA (from LHR) where the passport people didn't even take the (closed) passport from my hand, much less open it or stamp it or put the numbers in a computer. And usually I was averaging 15 days at a time once or twice a year.

So I was quite surprised in the above instance; the agent spent a long time tapping at the computer and finally said something like "you're only allowed 90 days every six months, you've already had two entries of 35 days each, so if you stay that long this time you would need a visa." He took my verbal assurance that I was only staying 10 days, although I had a return ticket if he'd asked for proof.

Almost certainly the level of scrutiny varies from agent to agent even at one airport, and from airport to airport. But in my small sample, it appears some of them, at least, are being strict about the limits.

Switzerland has become more frequent in its checking of US passports too; but for those who enter in Switzerland and exit from France or Italy, the electronic records are more or less useless for the Swiss passport control to rely upon absent extraordinary steps being taken by Swiss legal authorities at a place other than the airport. They would end up most frequently relying in large part upon the stamps, and the stamps often don't tell the whole story when there is no visa stamp/sticker in the passport.

If the point is more lax checking of overstay, I would avoid AMS. As a resident of a certain Scandinavian country, I play a little game each time I fly through Schipol on the way home to the U.S. At pass control, I hand my passport over without presenting my residence card to see if the officer notices my "overstay." The officer has invariably thumbed through my passport, seen my length of stay, and asked what the deal was. I haven't been able to transit through AMS without presenting my residence card.

Seems like we have sort of different experiences, even as AMS passport control is certainly not as easy as CDG or FCO/MXP tend to be over such matters.

I've entered and exited Schengen from AMS hundreds of times -- primarily on the way to/from the US or UK -- on US passports, often with many others with the same kind of docs and much the same kind of travel history as myself. I've rarely showed them any Schengen country docs; however, a few times they would happen upon Schengen residency stickers/stamps -- while looking for a place to stamp my large, busy passports -- and would say that they don't need to stamp my passport because they discovered the residency status (by looking at the passport pages). Most times, they had no clue about the length of the stays or how close I was to the 90/180 day limit even when we may have been perceived to have no Schengen country residency status and stamps would perhaps be perceived as showing an overstay. Even with my small, less busy passports, it was much the same experience.

Legally, there is obviously a basis for problems as your father-in-law has overstayed. Doing nothing and going about their plans as-is is strongly ill-advised, as the Germans are strict and there is a real possibility of a fine or worse. It is likely that your father-in-law will at least be delayed, missing his connection and having to purchase a new, full fare, last-minute return ticket in addition to any penalty.

There are several considerations that would determine how I would proceed:

• It is likely that your father-in-law is entitled to a five-year residency status as the spouse of a Greek national. This is called "Δελτίο Διαμονής Μέλους Οικογένειας Πολίτη Της Ένωσης." A qualified immigration lawyer should be able to assist with this. I would attempt to pursue this path first, as it would legalise your father-in-law's status and allow him to travel freely to/from Greece.
• If this option is not available, the best strategy is to 'escape' without notice using a land border, returning to the US without transiting the Schengen zone. The suggestion of using Turkey is a good one. Having many pages full of various stamps, such that a border guard is unlikely to bother trying to match them, is also helpful. In my experience, there are also some very apathetic border guards between Finland and Russia... the Chunnel Train may be another potential option.
• If you must exit the Schengen zone directly by air, do so via Italy or France. Definitely avoid Germany, Switzerland, the Netherlands, and Poland.
• Having no exit stamp is not as big an issue as everyone seems to be making it out to be. I've been either not stamped in or not stamped out numerous times (usually the French or Italians) and never had any problems.

Not a good idea.

You guys are getting worked up over almost nothing. The chance of him getting caught is small. The chance of something else happening if he's caught is even smaller.

He can always say he wasn't stamped by the French or Italians on a trip somewhere. That happens routinely. They also routinely don't scan passports.

Indeed, and most of the Schengen scans aren't for entry and exit recording history, fragmented and incomplete as the electronic history is.

+1. This southern Europe we're talking about. This stuff happens all the time. I'm only stamped maybe 20% of the time in Southern Europe. Much higher % the more north you go.

Not an easy one.. but fly to Spain, cross into Gibraltar on foot - neither Spain nor Gib Immigration should give the passports a second glance, ferry to Morocco, and ferry back to Spain.

Play dumb when re-entering Spain. Throw the blame at Gib immigration. I've been in nightclubs harder to get into than that border - in either direction.

Sounds excessively complicated, even as it has worked before.

Especially considering OP's FIL is a bit elderly. He can't just "up and do" over half the solutions proposed in this thread. Wait and see and avoid Schengen exit via northern Europe is the best bet here.

Let's still go back to the Greek lawyer idea. We're not talking about a couple of kids backpacking through Europe who worked under the table a bit too long.

OP's parents need certainty and ease. They are also not looking to escape from Greece, they want to return. Anecdotes about how it has worked in the past aren't particularly comforting.

So, I come back to the advice I would give if I were sitting across the table from an elderly couple: consult a lawyer in Greece who has familiarity with the specific immigration issue.

Indeed that is pretty much it.


If they want the closest thing to certainty and ease, just fly back as booked.

A lawyer won't be able to resolve the "overstay" "violation" even if noticed by September 23rd. And the longer they stay, the more of an "overstay" "violation". Lawyers in these exact kind of circumstances have made unnecessary complications and/or caused unnecessary worry -- at least according to the former head of one immigration authority in a relevant country.

Free advise is worth what you pay for it.

There is a vast difference between consulting a lawyer to understand the OP IL's situation from a knowledgeable & professional perspective and having that individual take any ACTION.