Residence

Posted: Mon Oct 4, 2021 9:36pm

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Posts: 18

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Hi, can anyone confirm if the authorities are enforcing the 90 day rule for staying in Spain after Brexit? I've heard many say that they haven't had any issues staying longer and also heard one or two say that it is not possible to stay longer yet have not challenged it yet.

Any advise appreciated

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Posted: Mon Oct 4, 2021 10:08pm

Kimmy11

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Posts: 6870

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Location: Formentera Del Segura

Joined: 8 Aug 2017

Posted: Mon Oct 4, 2021 10:08pm

Hi Doug,

I doubt you'll get anyone who has run into trouble with immigration who will admit it on an open forum.

I was talking to a friend a couple of days ago who, flying into Malaga, had to wait a long time to get through immigration because of protracted discussions between the passenger in front of her and border control. She speaks Spanish and when she was eventually allowed to go forward, she understood the border control guard saying to his colleague, "Another overstayer". She didn´t know what happened to the passenger, other than she couldn't spot him at baggage collection!

I guess people who have no ties to Europe may risk overstaying in Schengen, but if you own a property in Spain or any other Schengen country, I wouldn't think it's a risk worth taking. Imagine if you were banned from visiting your holiday home for up to 10 years? Then there are the fines.......

There is one circumstance when people are allowed to overstay in Spain - if they applied for residency and it's rejected, they are allowed to overstay until the appeal is resolved.

Kind regards,

Kim