Advice on the 90 day ruling - Brexit and the EU: living, holidaying and moving to Orihuela Costa - Orihuela Costa forum - Costa Blanca forum in the Alicante province of Spain
Jennifer Cunningham Insurances SL
ASSSA Insurance
Just One Small Step - Counselling
interior building work
SolRider Rental SLU
Advisors Costa Blanca
AA Free English TV
Expat Services
Gran Alacant Insurances
IberianTax Antonio Ibarra
Torrevieja Property Services
Harmony FM

Join the Orihuela Costa forum

Join the Orihuela Costa forumMy name's Alex and this is my website all about Orihuela Costa in Spain. Register now for free to talk about Brexit and the EU: living, holidaying and moving to Orihuela Costa and much more!

Advice on the 90 day ruling

Posted: Fri Aug 27, 2021 10:17am
75 replies3377 views11 members subscribed
Norman Legg

Posts: 8

1 helpful points

Location: Orihuela Costa

Joined: 20 Aug 2020

Good Morning, could anyone give me some solid advice as to the procedures regarding the 90 Day EU ruling.

I am presently in the process of selling my house, I have been informed by the agent today that the sale could go through at the end of September, the only problem that I have is I have to be back in the UK by the 26th September as my 90 days will have ran out.

Does anyone know of any legal exemptions to allow me to stay until the sale is completed and time to drive to the Channel Tunnel 

Thanks in a

GrahamLynn

Posted: Fri Aug 27, 2021 10:51am

GrahamLynn

Very helpful member

Posts: 682

635 helpful points

Location: El Raso

Joined: 9 Jul 2017

Posted: Fri Aug 27, 2021 10:51am

Is it not possible for you to return to the U.K. for a couple of weeks now and then you can return when the house sale goes through.That way you’ll still be within your 90 days.

Don’t forget the 90 day rule includes all your time in Schengen areas.

Link below to Schengen calculator if required

https://www.schengenvisainfo.com/visa-calculator/

Lynn

Norman Legg

Posted: Fri Aug 27, 2021 10:58am

Norman Legg

Original Poster

Posts: 8

1 helpful points

Location: Orihuela Costa

Joined: 20 Aug 2020

Posted: Fri Aug 27, 2021 10:58am

GrahamLynn wrote on Fri Aug 27, 2021 10:51am:

Is it not possible for you to return to the U.K. for a couple of weeks now and then you can return when the house sale goes through.That way you’ll still be within your 90 days.

Don’t forget the 90 day rule includes all your time in Schengen areas.

Link below to Schengen calculator if required

https://www.schengenvisainfo.com/visa-calculator/

Lynn

Hi thanks for your reply, the problem is that you are only allowed 90 Days in and then you cannot return for a further 90 days, that would mean it would not be until January before I could legally return.

Kelvin1960

Posted: Fri Aug 27, 2021 11:15am

Kelvin1960

Super helpful member

Posts: 1355

1581 helpful points

Joined: 5 Mar 2017

Posted: Fri Aug 27, 2021 11:15am

Grant your Spanish solicitor a limited and specific power of attorney (via a notary).

Then you have no need to be present.

Norman Legg

Posted: Fri Aug 27, 2021 11:51am

Norman Legg

Original Poster

Posts: 8

1 helpful points

Location: Orihuela Costa

Joined: 20 Aug 2020

Posted: Fri Aug 27, 2021 11:51am

Kelvin1960 wrote on Fri Aug 27, 2021 11:15am:

Grant your Spanish solicitor a limited and specific power of attorney (via a notary).

Then you have no need to be present.

Hi Kelvin 

Thank you for your reply, I realise that I can do this but I was hoping that I could achieve some sort of a short exemption enabling me to be present at the Notary.

GrahamLynn

Posted: Fri Aug 27, 2021 11:54am

GrahamLynn

Very helpful member

Posts: 682

635 helpful points

Location: El Raso

Joined: 9 Jul 2017

Posted: Fri Aug 27, 2021 11:54am

Norman Legg wrote on Fri Aug 27, 2021 10:58am:

Hi thanks for your reply, the problem is that you are only allowed 90 Days in and then you cannot return for a further 90 days, that would mean it would not be until January before I could legally return.

No it’s not 90 days in 90 out at all.  It’s a rolling 180 days 

For instance - You can stay 14 days, go back to the U.K. for 21 Then back to the EU for a month , back to the U.K. for 18 days, back to EU  for 5 days etc etc You can even spend alternative weeks in the U.K. and the EU if you want to. Except you might need a new passport much earlier with all those stamps in it! 

As long as you spend no more then 90 days in the EU out  of the previous 180 days you can come and go as you please.

That’s why I posted the link for the Schengen calculator to help you. enter the dates you have been in the EU and it will tell you if you’ve outstayed your time and when you can come back. 

Most holiday home owners are now using this calculator to work out the times they can visit their property 

Lynn

Bruceyboy

Posted: Sat Aug 28, 2021 4:52pm

Posts: 56

19 helpful points

Location: Villamartin

Joined: 23 Dec 2018

Posted: Sat Aug 28, 2021 4:52pm

Norman Legg wrote on Fri Aug 27, 2021 10:17am:

Good Morning, could anyone give me some solid advice as to the procedures regarding the 90 Day EU ruling.

I am presently in the process of selling my house, I have been informed by the agent today that the sale could go through at the end of September, the only problem that I have is I have to be back in the UK by the 26th September as my 90 days will have ran out....

...

Does anyone know of any legal exemptions to allow me to stay until the sale is completed and time to drive to the Channel Tunnel 

Thanks in a

Could anyone tell me why does this 90 day apply only to Europe when most of the EU countries are either facing bankruptcy or very nearly their and could do with as many people staying and spending money?

GrahamLynn

Posted: Sat Aug 28, 2021 5:13pm

GrahamLynn

Very helpful member

Posts: 682

635 helpful points

Location: El Raso

Joined: 9 Jul 2017

Posted: Sat Aug 28, 2021 5:13pm

Most countries  including the U.K. will only allow a tourist to stay for a limited period whether it’s 90 days or 6 months or whatever is the country specific ruling.

After which time, they require you to become resident and start paying taxes.

Lynn

Bruceyboy

Posted: Sat Aug 28, 2021 5:45pm

Posts: 56

19 helpful points

Location: Villamartin

Joined: 23 Dec 2018

Posted: Sat Aug 28, 2021 5:45pm

GrahamLynn wrote on Sat Aug 28, 2021 5:13pm:

Most countries  including the U.K. will only allow a tourist to stay for a limited period whether it’s 90 days or 6 months or whatever is the country specific ruling.

After which time, they require you to become resident and start paying taxes.

Lynn

Thanks for your reply,because of the new rules U.K. citizens are leaving Spain in their droves,I’m now being told that as from next year a couple will have to put thousands of pounds into a Spanish bank.This will be beyond any U.K. state pension as it wouldn’t be over £10,000 per year.Something will have to change or more countries will find themselves in complete financial difficulties as a lot are already there.

tebo53

Posted: Sat Aug 28, 2021 7:32pm

tebo53

Legendary helpful member

Posts: 2256

2230 helpful points

Location: Benidorm

Joined: 29 May 2018

Posted: Sat Aug 28, 2021 7:32pm

Bruceyboy wrote on Sat Aug 28, 2021 5:45pm:

Thanks for your reply,because of the new rules U.K. citizens are leaving Spain in their droves,I’m now being told that as from next year a couple will have to put thousands of pounds into a Spanish bank.This will be beyond any U.K. state pension as it wouldn’t be over £10,000 per year.Someth...

...ing will have to change or more countries will find themselves in complete financial difficulties as a lot are already there.

Spain is doing OK. They are actively encouraging  more French,  German and Italian visitors.

Steve 

Sign up for free or login to reply to this topic

Want to reply to this topic? Login or register for free to post your message:

Find more Brexit and the EU topics from a particular area:


Register for free!

Login to your account

Gran Alacant Insurances
AA Free English TV
Advisors Costa Blanca
Jennifer Cunningham Insurances SL
interior building work
Expat Services
Harmony FM
IberianTax Antonio Ibarra
Just One Small Step - Counselling
SolRider Rental SLU
ASSSA Insurance
Torrevieja Property Services
Advertise your business here
Advertise your property
Help with my computer