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90 day rule?

Posted: Sat Dec 26, 2020 12:44pm
13 replies910 views5 members subscribed
GRO1

Posts: 28

1 helpful points

Location: Benidorm

Joined: 11 Oct 2017

Hello

I do not have residency for Spain.

I came over at the beginning of November 2020.

Does anyone know when  my 90 day stay starts?.......is it at the start of Nov 2020 or does the 90  day rule renew on the 1st Jan 2021 due to the Brexit issue?

Thank you

tebo53

Posted: Sat Dec 26, 2020 1:12pm

tebo53

Legendary helpful member

Posts: 4829

5031 helpful points

Location: Benidorm

Joined: 29 May 2018

Posted: Sat Dec 26, 2020 1:12pm

GRO1 wrote on Sat Dec 26, 2020 12:44pm:

Hello

I do not have residency for Spain.

I came over at the beginning of November 2020.

Does anyone know when  my 90 day stay starts?.......is it at the start of Nov 2020 or does the 90  day rule renew on the 1st Jan 2021 due to the Brexit issue?

Thank you

Nobody really checked dates etc before Brexit but after 01/01/21 the 90 day rule will be enforced with passports being wet stamped. In the future there will be electronic equipment that will record movement. 

The rule for you will start on Jan 2021 and the count will start next time you use your passport to enter the EU area.

Steve 

GRO1

Posted: Sat Dec 26, 2020 1:19pm

GRO1

Original Poster

Posts: 28

1 helpful points

Location: Benidorm

Joined: 11 Oct 2017

Posted: Sat Dec 26, 2020 1:19pm

tebo53 wrote on Sat Dec 26, 2020 1:12pm:

Nobody really checked dates etc before Brexit but after 01/01/21 the 90 day rule will be enforced with passports being wet stamped. In the future there will be electronic equipment that will record movement. 

The rule for you will start on Jan 2021 and the count will start next time you use your passport to enter the EU area....

...

Steve 

Thanks for the reply Steve

Very useful for me

cheers

CharlieFarmer

Posted: Sat Dec 26, 2020 2:00pm

CharlieFarmer

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Posts: 123

164 helpful points

Location: Catral

Joined: 4 Nov 2020

Posted: Sat Dec 26, 2020 2:00pm

If you plan to stay beyond 90 days into 2021 I suspect you might encounter some unwelcome scrutiny when you do leave.

GRO1

Posted: Sat Dec 26, 2020 6:25pm

GRO1

Original Poster

Posts: 28

1 helpful points

Location: Benidorm

Joined: 11 Oct 2017

Posted: Sat Dec 26, 2020 6:25pm

ok Thank you for the reply

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RayBenidorm

Posted: Tue Dec 29, 2020 9:07am

RayBenidorm

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Posts: 633

301 helpful points

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Joined: 8 Aug 2017

Posted: Tue Dec 29, 2020 9:07am

The 90 day rule doesn't start on Jan 1,2021 it is already in effect for all EU citizens moving or visiting another EU state... 

The original poster has 90 days from when they arrived. It doesn't reset on Jan 1. Sorry.

GRO1

Posted: Tue Dec 29, 2020 11:06am

GRO1

Original Poster

Posts: 28

1 helpful points

Location: Benidorm

Joined: 11 Oct 2017

Posted: Tue Dec 29, 2020 11:06am

RayBenidorm wrote on Tue Dec 29, 2020 9:07am:

The 90 day rule doesn't start on Jan 1,2021 it is already in effect for all EU citizens moving or visiting another EU state... 

The original poster has 90 days from when they arrived. It doesn't reset on Jan 1. Sorry.

OK Ray Thanks for the info

cheers

Mandarino

Posted: Tue Dec 29, 2020 11:30pm

Mandarino

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Posts: 47

62 helpful points

Location: Orihuela Costa

Joined: 6 Dec 2020

Posted: Tue Dec 29, 2020 11:30pm

RayBenidorm wrote on Tue Dec 29, 2020 9:07am:

The 90 day rule doesn't start on Jan 1,2021 it is already in effect for all EU citizens moving or visiting another EU state... 

The original poster has 90 days from when they arrived. It doesn't reset on Jan 1. Sorry.

This is not quite correct.

The only theoretical “requirement “ for EU citizens visiting another EU country is a request to apply for residency if staying longer than 90 days in a row. HOWEVER, if you leave said country , even for a second, this 90 day rule is again reset to 0 as there is NO minimum time required to reset the 90 day rule. In any case, the whole discussion is moot within Schengen , and thus theoretical. 

Also, in accordance with EU law ,  as a EU citizen, you can never be prosecuted/expelled if staying longer than 90 days in a row. Except in some rare cases ( crimes, terrorism,...)

Hundreds of thousands of EU citizens spend over 90 days in a row in Spain, without any problem and without any government making a fuss about it. In reality, the EU and its member states do not care one bit as long as you are not a burden on the local social security and are not involved in social dumping.

GRO1

Posted: Wed Dec 30, 2020 9:44am

GRO1

Original Poster

Posts: 28

1 helpful points

Location: Benidorm

Joined: 11 Oct 2017

Posted: Wed Dec 30, 2020 9:44am

Mandarino wrote on Tue Dec 29, 2020 11:30pm:

This is not quite correct.

The only theoretical “requirement “ for EU citizens visiting another EU country is a request to apply for residency if staying longer than 90 days in a row. HOWEVER, if you leave said country , even for a second, this 90 day rule is again reset to 0 as there is NO minimum time required to res...

...et the 90 day rule. In any case, the whole discussion is moot within Schengen , and thus theoretical. 

Also, in accordance with EU law ,  as a EU citizen, you can never be prosecuted/expelled if staying longer than 90 days in a row. Except in some rare cases ( crimes, terrorism,...)

Hundreds of thousands of EU citizens spend over 90 days in a row in Spain, without any problem and without any government making a fuss about it. In reality, the EU and its member states do not care one bit as long as you are not a burden on the local social security and are not involved in social dumping.

ok Thank you for the reply

Kenneth1

Posted: Wed Dec 30, 2020 10:21am

Kenneth1

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Posts: 844

922 helpful points

Location: La Marina

Joined: 3 Feb 2017

Posted: Wed Dec 30, 2020 10:21am

Mandarino wrote on Tue Dec 29, 2020 11:30pm:

This is not quite correct.

The only theoretical “requirement “ for EU citizens visiting another EU country is a request to apply for residency if staying longer than 90 days in a row. HOWEVER, if you leave said country , even for a second, this 90 day rule is again reset to 0 as there is NO minimum time required to res...

...et the 90 day rule. In any case, the whole discussion is moot within Schengen , and thus theoretical. 

Also, in accordance with EU law ,  as a EU citizen, you can never be prosecuted/expelled if staying longer than 90 days in a row. Except in some rare cases ( crimes, terrorism,...)

Hundreds of thousands of EU citizens spend over 90 days in a row in Spain, without any problem and without any government making a fuss about it. In reality, the EU and its member states do not care one bit as long as you are not a burden on the local social security and are not involved in social dumping.

Where on earth did you get this information??? 

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