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90 day Stay Rule - Page 2

Kimmy11

Posted: Tue Dec 28, 2021 8:23pm

Kimmy11

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Posted: Tue Dec 28, 2021 8:23pm

aitchc1401 wrote on Tue Dec 28, 2021 4:41pm:

Hi,

   the story in the Sun relates to a slightly difference case to an over-stayer, i.e.it is someone who has left within the 90 days timeframe but did not get a exit stamp. That is the situation I and my wife are in as we did not get our passport's stamped when leaving Alicante in October...

... (no border officials at the departure point). By coincidence, and at the third attempt, I have just had a reply today from BA regarding my query/complaints to them. Their response is:

-------------------------------------------

A reply from British Airways

I'm sorry to hear you didn't get your passport stamped when leaving Spain. I appreciate the time you've taken to get in touch and I'm sorry for the delay in response.

Our records show you flew on your flights successfully in and out of Spain. I understand your concern with regards to the unstamped passport, however I don't believe this should hinder your future travel plans. As stamping passports is not a requirement, and has not been for many years now.

You may wish to keep you travel documents with you. Such as your boarding passes or baggage slips. This may help if you are asked or stopped.

I'm sorry I couldn't give you more information on this subject. If there's anything else you would like to ask, please use the link below to reply to me.

 ----------------------------------------

The response did not fill me with confidence to be honest, even less so after reading the story in The Sun. We travel back to Spain early January so I guess i'll find out then. I plan to take as much detail as I can with me, including our return boarding passes, and hope to get a more amiable border guard than the one on the Spain/Gibraltar border!

Rgds,

Aitch.

Hi aitch,

No wonder you´re not filled with confidence by BA´s response, especially, "As stamping passports is not a requirement, and has not been for many years now."  Are they serious?  Have they heard of Brexit??

The Spanish Consulate advised several months ago that non-resident travellers, who do not have their passports stamped on entry and/or exit of Spain, must keep their boarding passes, as this is the only document regarded as proof of entering and leaving the country, in the absence of a passport stamp.

Kind regards,

Kim

aitchc1401

Posted: Wed Dec 29, 2021 10:00am

aitchc1401

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Posted: Wed Dec 29, 2021 10:00am

Kimmy11 wrote on Tue Dec 28, 2021 8:23pm:

Hi aitch,

No wonder you´re not filled with confidence by BA´s response, especially, "As stamping passports is not a requirement, and has not been for many years now."  Are they serious?  Have they heard of Brexit??

The Spanish Consulate advised several months ago that non-resident travellers, who do not have their passports stamped on entry and/or exit of Spain, must keep their boarding passes, as this is the only document regarded as proof of entering and leaving the country, in the absence of a passport stamp.

Kind regards,

Kim

Hi Kim,

       thanks for the advice that the Spanish Consulate have given. I was not expecting any problems but having seen the story in Cheryl's post I am now not so sure. I have the boarding passes plus I can show other activities in the UK so hopefully that will be enough. 

  Personally I believe it was down to the massive amount of people/flights on the day we departed (Oct 30th) leaving the border control staff over-stretched. I had not seen that many people in Alicante airport since covid started. There must be lots in the same position as ourselves but I have not heard many stories of people being refused entry, so I remain hopeful. 

Aitch.

teecee

Posted: Wed Dec 29, 2021 10:37pm

Posts: 32

17 helpful points

Location: Finestrat

Joined: 30 Mar 2018

Posted: Wed Dec 29, 2021 10:37pm

Kimmy11 wrote on Tue Dec 28, 2021 3:57pm:

Hi Dami,

My husband was reading on CBF's sister forum, TalkQuesada, this morning of a non-resident in that area who had overstayed by 10 days - they received a €600 fine and a 3 month ban on re-entry.  I assume that means they can't return to Spain for at least 6 months, i.e. 90 days Schengen rule ...

...+ 3 months ban.

Kind regards,

Kim

Perhaps better to deal with facts rather than assumptions

Kimmy11

Posted: Wed Dec 29, 2021 10:46pm

Kimmy11

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Posts: 6872

12569 helpful points

Joined: 8 Aug 2017

Posted: Wed Dec 29, 2021 10:46pm

teecee wrote on Wed Dec 29, 2021 10:37pm:

Perhaps better to deal with facts rather than assumptions

I have quoted the facts as reported on the TalkQuesada forum.  My assumption about the exclusion being 90 days Schengen + 3 months ban (fact) is that, otherwise, it would be no ban at all.

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Grannyrose

Posted: Mon Jan 3, 2022 9:59pm

Grannyrose

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Posted: Mon Jan 3, 2022 9:59pm

I know of a person who arrived in Spain November 2020. Since then, bought 2 properties and a car. Never applied for residency and has popped back to their old home on business and returned to Spain to continue enjoying life. No fines and nobody challenged then either leaving or returning.   How strange or is it?

GordonH605

Posted: Mon Jan 3, 2022 11:11pm

GordonH605

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Posts: 327

342 helpful points

Location: Finestrat

Joined: 1 Jan 2021

Posted: Mon Jan 3, 2022 11:11pm

Grannyrose wrote on Mon Jan 3, 2022 9:59pm:

I know of a person who arrived in Spain November 2020. Since then, bought 2 properties and a car. Never applied for residency and has popped back to their old home on business and returned to Spain to continue enjoying life. No fines and nobody challenged then either leaving or returning.   ...

...How strange or is it?

Maybe they have an EU or Schengen area passport?

vinnybear

Posted: Tue Jan 4, 2022 6:09pm

vinnybear

Helpful member

Posts: 55

67 helpful points

Location: Monte Pego

Joined: 3 Dec 2015

Posted: Tue Jan 4, 2022 6:09pm

Grannyrose wrote on Mon Jan 3, 2022 9:59pm:

I know of a person who arrived in Spain November 2020. Since then, bought 2 properties and a car. Never applied for residency and has popped back to their old home on business and returned to Spain to continue enjoying life. No fines and nobody challenged then either leaving or returning.   ...

...How strange or is it?

This is possible if that person has purchased a property or properties to a combined cost of 500,000 euros, they then qualify for a Golden Visa which costs currently 6,000 euros & is renewable every 5 years ( a check is carried out to see that you still own these properties ) then you can stay or come & go to Spain as much as you like without needing residencia. Also you can invest 1 million euros in a Spanish business and again get the Golden Visa.

James2nd

Posted: Tue Jan 4, 2022 7:37pm

James2nd

Original Poster

Posts: 10

5 helpful points

Location: Altea

Joined: 27 Dec 2020

Posted: Tue Jan 4, 2022 7:37pm

GordonH605 wrote on Mon Jan 3, 2022 11:11pm:

Maybe they have an EU or Schengen area passport?

I have an EU passport the same 90 day rule appl

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