what happens if you exceed your90 day limit - Page 3

How would any one check if a uk passport holder with French residence had overstayed 90 days and of course they can't ban him from Schengen.

Hi MikeB,

My personal opinion is that I doubt they would, all the while the French resident remained within Schengen.  Of course, there's always the risk of ad-hoc roadside checks, traffic accidents, etc. that could bring an overstayer to the attention of the authorities (residency in one EU country does not give a UK citizen the right to transfer that residency to another EU country), but I still think it unlikely.  Whether the roll-out of EES and ETIAS in 2023 makes any change to those of us with residency in an EU country remains to be seen 🤔

Kind regards,

Kim

When your passport is scanned it doesn't contain information regarding entry and exit. It simply includes a digital image of your picture and any legal sanctions. For example if you are wanted by authorities. I have several stamps on my passport from lots of entry and exit. Last time I left I had overstayed 5 days and drive straight through at calais. I then flew back a month later, into Murcia, for a week and had no issues at all. They literally have to look at the dates on the stamps and calculate it manually. This isn't gonna happen in Spain in my experience! 

That is exactly why they are introducing the EES system, to record all your entries and exits, electronically with no manual input needed

Yes I know, game changer. 

Obviously there are no female immigration officers. 

Dear me 

I think if an adult can't count to 90 including days of arrival and departure, in a rolling 180, they should stay at home and have their passports confiscated on cognitive grounds. 

I'm sure that non-residents who visit Spain for the full 90 days don't need a calculator, but for those who travel regularly for shorter periods, why not use one - they're free.

It's amazing the different answers you can get o a few questions on this..I am presently an Irish passport holder and I am moving for residency.My lawyer who is helping me with residency has told me the 90 day period does not affect me.Now I'm not doubting any info on here only what my Spanish lawyer told me .Bear in mind in Orihuela Costa they expect you to register on the Padrón before you get registered as resident..padrón appointments are running late in fact my appointment is not till later this month and I will be here 5 months.then Ill need to wait another God knows how long till I get an appointment with immigration.So I think in an ideal world 90 days is a target but probably not a achievable at this time ..but if you're not going for residency and overstaying 90 days well then that's the chance you take I suppose

Hi Jk,

Your lawyer is correct - as an EU (Irish) citizen, the Spanish authorities aren't going to worry about you not meeting the 90-days deadline for registration, so long as you don't exceed 182 days, as then you'd become tax resident in Spain by default.  But the original poster is talking about UK citizens, to whom Schengen rules apply since the end of the Brexit transition period - if they're caught overstaying 90 days in a rolling 180 days, it's a serious matter.

Kind regards,

Kim