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what happens if you exceed your90 day limit - Page 2

Kimmy11

Posted: Thu Nov 3, 2022 3:59pm

Kimmy11

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Posted: Thu Nov 3, 2022 3:59pm

Hi Brummiealan,

I've only heard of one person, from Ciudad Quesada, who overstayed by 6 weeks - they received a €600 fine and were barred from re-entry for 6 months.  But I doubt the lack of feedback reflects any apathy on the part of Spanish border control - it's just as likely to mean that others are too embarrassed to admit they got caught.

Kind regards,

Kim

Oxonia

Posted: Thu Nov 3, 2022 4:04pm

Oxonia

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Posted: Thu Nov 3, 2022 4:04pm

elinspain wrote on Thu Nov 3, 2022 2:19pm:

Hello

 Whether or not your passport is stamped on departure & you are able to pass straight throught - it will have  been automatically  recorded  & that info.  will appear,   when you next  present your passport on arrival.

 Whether action could be taken then & you  could be refused entry, is quite  a risk to take

Cheers

Elinspain

Thank you all for your input.  I am resident in Spain, TIE etc., but my husband still lives in England and is coming over for a holiday from 7th November until 10th February.  So just over 90 days.  Looks like a week end in France coming up!

tebo53

Posted: Thu Nov 3, 2022 4:44pm

tebo53

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Posted: Thu Nov 3, 2022 4:44pm

Oxonia wrote on Thu Nov 3, 2022 4:04pm:

Thank you all for your input.  I am resident in Spain, TIE etc., but my husband still lives in England and is coming over for a holiday from 7th November until 10th February.  So just over 90 days.  Looks like a week end in France coming up!

You will need to spend your weekend in a non Schengen country like Croatia as France will keep adding to his 90 day and result in overstay

Steve 

Oxonia

Posted: Thu Nov 3, 2022 7:36pm

Oxonia

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Posted: Thu Nov 3, 2022 7:36pm

tebo53 wrote on Thu Nov 3, 2022 4:44pm:

You will need to spend your weekend in a non Schengen country like Croatia as France will keep adding to his 90 day and result in overstay

Steve 

Yes, I see what you mean.  Thanks for pointing that out Steve.

TonySmith

Posted: Thu Nov 3, 2022 8:01pm

TonySmith

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Posted: Thu Nov 3, 2022 8:01pm

PeterPan wrote on Thu Nov 3, 2022 10:03am:

I haven't yet heard of any UK resident being sanctioned for overstaying in Spain. The question is, do you feel lucky?

TBH You'll probably get away with it most of the time but eventually there will be a quiet period and a bored passport control officer who wants a bit of excitement in his life.

And dont forget the introduction of ETIAS and EES systems next year, which will make it much easier to be caught   

https://www.etias.info/what-is-ees-how-does-ees-relate-to-etias/ 

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molloyp9

Posted: Thu Nov 3, 2022 8:45pm

molloyp9

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Posted: Thu Nov 3, 2022 8:45pm

elinspain wrote on Thu Nov 3, 2022 2:19pm:

Hello

 Whether or not your passport is stamped on departure & you are able to pass straight throught - it will have  been automatically  recorded  & that info.  will appear,   when you next  present your passport on arrival.

 Whether action could be taken then & you  could be refused entry, is quite  a risk to take

Cheers

Elinspain

ITS BLOODY ILLEGAL TO STAY MORE THAN 90 lets stop trying to be nice ILLEGAL is ILLEGAL.


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PeterPan

Posted: Sun Nov 6, 2022 12:21am

PeterPan

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Posted: Sun Nov 6, 2022 12:21am

molloyp9 wrote on Thu Nov 3, 2022 8:45pm:

ITS BLOODY ILLEGAL TO STAY MORE THAN 90 lets stop trying to be nice ILLEGAL is ILLEGAL.

I know Pete, but the O/P is asking "what happens when you attempt to leave". 

I suspect that the O/P already knows that it's "BLOODY ILLEGAL" for anyone, other than Spanish residents, to stay unregistered longer than 90 days in Spain.

alan brummie

Posted: Sun Nov 6, 2022 6:24am

alan brummie

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Posted: Sun Nov 6, 2022 6:24am

Kimmy11 wrote on Thu Nov 3, 2022 3:59pm:

Hi Brummiealan,

I've only heard of one person, from Ciudad Quesada, who overstayed by 6 weeks - they received a €600 fine and were barred from re-entry for 6 months.  But I doubt the lack of feedback reflects any apathy on the part of Spanish border control - it's just as likely to mean that others are to...

...o embarrassed to admit they got caught.

Kind regards,

Kim

Re replies to my earlier question re the 90 day rule - thank you for the many helpful comments

BUT no-one has explained the fundamental reasoning behind this now legal restriction  Surely old established villa owners and frequent visitors each year such as ourselves and family should be welcomed to continue helping the local economy by sending in shops , retardants and with building maintenance etc

In no way are we a cost to the resident population  in fact quite the reverse  It seems to me that it s legislation made out of spite to those of the UK having  voted legally to stop subsidising the extravagances of the unelected beauocrsts in Brussels Not to forgetting the grossly underfunded generous national pensions by member countries on the verge of bankruptcy 

At 92 maybe I have lost my marbles somewhere long the way in not being able to comprehend this new world version of what used to be called common sense

We leave on the 9th after 5 weeks in Moraira wondering if our ancient mathematics will be able to calculate when and if we can return ???

AlanBrummie

Pat4752

Posted: Sun Nov 6, 2022 7:04am

Posts: 22

20 helpful points

Location: Torrevieja

Joined: 28 Aug 2022

Posted: Sun Nov 6, 2022 7:04am

alan brummie wrote on Sun Nov 6, 2022 6:24am:

Re replies to my earlier question re the 90 day rule - thank you for the many helpful comments

BUT no-one has explained the fundamental reasoning behind this now legal restriction  Surely old established villa owners and frequent visitors each year such as ourselves and family should be welcomed to continue helping the local economy by sending in shops , retardants and with building m...

...aintenance etc

In no way are we a cost to the resident population  in fact quite the reverse  It seems to me that it s legislation made out of spite to those of the UK having  voted legally to stop subsidising the extravagances of the unelected beauocrsts in Brussels Not to forgetting the grossly underfunded generous national pensions by member countries on the verge of bankruptcy 

At 92 maybe I have lost my marbles somewhere long the way in not being able to comprehend this new world version of what used to be called common sense

We leave on the 9th after 5 weeks in Moraira wondering if our ancient mathematics will be able to calculate when and if we can return ???

AlanBrummie

The 90 day law has nothing to do with the fact that GB voted to leave EU, the law was passed in 2012 and is applied to every non spanish resident, obtaining spanish residency is not that difficult to attain, most countries want to control  their rights to who may settle in their country for many reasons, I don't  see why  the Spanish people should act any different.

Par

Kimmy11

Posted: Sun Nov 6, 2022 8:22am

Kimmy11

Legendary helpful member

Posts: 6872

12569 helpful points

Joined: 8 Aug 2017

Posted: Sun Nov 6, 2022 8:22am

Hi Brummiealan,

Schengen rules, of which the 90 days in a rolling 180 days is one, have existed for decades.  All European countries that are members of Schengen apply the rules to Third Country Nationals who are not legally resident in their country, so this is not "spite".  The only connection with Brexit is that, in voting to leave the EU, UK citizens relegated themselves to Third Country Nationals.

To calculate the time you've spent in Schengen, there are several free calculators online that you can use - here's a link to one of them:

https://www.schengenvisainfo.com/visa-calculator/

I assume that you fly in and out of Spain, but if you were to drive down through France, for example, your arrival in Schengen would count from when you arrive in France.

Kind regards, 

Kim

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