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90 day rule

Posted: Mon Feb 8, 2021 3:00pm
6 replies276 views7 members subscribed
Val0610

Posts: 42

18 helpful points

Location: Orihuela Costa

Joined: 5 Sep 2020

Came to Spain 11/10/20. Still here. I take it the post Brexit 90 day rule started on 01/01/21 and the 90 days ends 31/3/21?

tebo53

Posted: Mon Feb 8, 2021 3:19pm

tebo53

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Location: Benidorm

Joined: 29 May 2018

Posted: Mon Feb 8, 2021 3:19pm

Val0610 wrote on Mon Feb 8, 2021 3:00pm:

Came to Spain 11/10/20. Still here. I take it the post Brexit 90 day rule started on 01/01/21 and the 90 days ends 31/3/21?

Yes, correct.

Steve 

RobScot

Posted: Mon Feb 8, 2021 3:33pm

RobScot

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Location: Benimar

Joined: 10 Apr 2019

Posted: Mon Feb 8, 2021 3:33pm

Visitors arriving in Spain in Oct last year could only stay as non residents for 90 days no matter what calendar year after that they are illegal.

L181SKY

Posted: Mon Feb 8, 2021 5:52pm

L181SKY

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Posts: 410

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Location: Santa Pola

Joined: 15 Mar 2020

Posted: Mon Feb 8, 2021 5:52pm

RobScot wrote on Mon Feb 8, 2021 3:33pm:

Visitors arriving in Spain in Oct last year could only stay as non residents for 90 days no matter what calendar year after that they are illegal.

They were not counting before the 1st Jan. People couldn’t get home to u.k. so should NOT be penalised as “illegal”.  

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Davebev1

Posted: Mon Feb 8, 2021 7:37pm

Davebev1

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Location: Playa Flamenca

Joined: 7 Nov 2017

Posted: Mon Feb 8, 2021 7:37pm

Val0610 wrote on Mon Feb 8, 2021 3:00pm:

Came to Spain 11/10/20. Still here. I take it the post Brexit 90 day rule started on 01/01/21 and the 90 days ends 31/3/21?

In theory your 90 in 180 days started on 1st January, however the border officer is perfectly within his/her rights to then ask when you first arrived in Spain as it was obviously before 1st January (no stamp in your passport).  The rules under Freedom of Movement when the UK was an EU member required you to apply for residency in Spain if you were staying longer than a continuous 90 days.  The clock reset on 1st January when Brits became third country nationals, but they may still question why you have stayed so long and look into your past stays to see if you have inadvertently made yourself a tax resident last year and evaded tax.  And you have to be out of Schengen by the end of the day on 31st March, not just out of Spain.  Personally, I would not risk leaving it until the last moment to leave Spain, it may raise questions.

dinnerout

Posted: Mon Feb 8, 2021 8:23pm

dinnerout

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Posts: 2180

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Location: Beniarbeig

Joined: 18 Sep 2015

Posted: Mon Feb 8, 2021 8:23pm

I can't help but feel some people are playing roulette with this.

There have been several people raising the same question. My take on it is if you've been in the country illegally for years a few extra days to 31.3.21 may not make much difference. 

But, if you arrived - for example in October 2020 - why would you want to test the system out?

It's "likely" that the clock is being reset at 1.1.21 but ...... how hard do you want to test the system? 

The problem we may have is that those who fall foul of the authorities won't post their experience on forums like this. They will stay silent which in turn may create a false sense of confidence in others. 

Steve

TheRower

Posted: Wed Feb 10, 2021 12:30am

TheRower

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Posts: 488

509 helpful points

Location: Villamartin

Joined: 1 Jan 2017

Posted: Wed Feb 10, 2021 12:30am

Due to flight cancellations, I had stayed longer than 90 days when I left in the middle of last month. At the airport, the immigration officer looked at my passport and did no checks on his computer and asked no questions. I only saw the officers giving passenger passports a cursory glance and I didn’t observe him question anyone. 

Not suggesting anyone should stay longer than 90 days, just relaying my actual experience.

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