Ninety day rule and possible ways around it. - Page 2

Hi Rosie,

In that case, the fact that the rule is 90 days in a ROLLING 180 days is very important and I'd highly recommend using a Schengen calculator (available online at no cost) to keep track of your time in and out of Schengen.

Kind regards, 

Kim

Has anybody had any experience of changing their passport and the 90 day rule, not applying to the new passport. 

I have been advised that the system can’t collate two different passports information, has anybody experienced this or could provide any advice?

Seems an expensive and complicated way of trying to get around the rules. We've had dozens of people trying to get around them and no-one, in several years, has come across one. Especially when the electronic system comes in. Pretty sure the people who design these systems have come up with all possible scenarios.

Of course, getting caught and getting up to a 3 year ban from Schengen might not bother some people. 

I'd have thought that, with so much time required on your passport when you leave the EU then getting a new one would mean you were into another period anyway. After all, your passport is supposed to be valid for 3 months after leaving Schengen anyway. 

Hi

It's clear you don't understand the 90 day rule. We were like that at first and now use a Schengen calculator to ensure we stay within the rules.

As someone else on the forum has advised, please use a Schengen calculator (online) to avoid any unnecessary problems with complying with the rule

Sue

Has anyone known of someone being fined or excluded from Shengen area for exceeding the 90 days limit. I know the rules and possible penalties but never hear of any action taken? Does it really happen in practice?

Pat,

    that question has been asked on here a few times before over the past couple of years. Never much evidence from people that have been stopped. That does not mean you should risk breaking the rules though, because if you are caught then it will be a fine at least, the penaly being linked to how long the overstay has been. 

Rgds,

Aitch.

Hi, thinking of purchasing on Villimar and would like to spend a month there and a week in the Uk . Do you think I would be permitted as I am retired with an Irish passport. TIA 

Do you mean a month, then a week, then a month and so on? In which case you would be spending more than 183 days in Spain and would be a fiscal resident and have to pay taxes in Spain and have health insurance, either private or state provided if receiving a pension.

You'd have to spend more than 180 days (ish) outside Spain every year to avoid that. 

Very easy to do though. Simply sign on the EU register and show you have 7500 in savings, 600 euro a month income and healthcare provided.

Thank you so much for that. In what respect would I have to pay taxes as it’s a caravan, and I would take out private health insurance.

You would need to pay income tax. All your worldwide income is taxable in Spain including pensions and bank interest etc. This has to be done annually. You become a fiscal (tax paying) resident once you have spent more than 183 days in one calendar year (same as the tax year in Spain). 

You can come to Spain and apply to go on the register of foreign EU citizens resident in Spain. Simply an interview where you prove you have the 600 euro a month income, 7500 in savings and healthcare. That's it but making the appointment is quite difficult. You should make that appointment within 3 months of arriving in Spain and sign on the local council list of residents (the padron as it's called). The process should only cost about 12 euro or so.