Overstay in Spain - Page 3

Just to be clear, anyone ,Irish or not, who does not have Spanish Residencia status is subject to the 90 day rule - this has always existed across Spain since about 2012 - it's just that before brexit it was never really enforced thus there are now probably thousands of 'illegals' still living undercover in Spain - better safe than sorry - if we want to stay in Spain longer than 3 months then we should all get legal.

Hola.  I think their might be a knee jerk reaction to the 90 days and we Brits flocking back to the UK before the end of March 2021. Please let me share the legal advice we have received.  In order for the 90 days to kick in your passport needs to be stamped showing date of arrival and that could only have been done after 1st Jan 2021.  Alexm
   

Really?  Surely the absence of a stamp indicates that you must have been here since before stamping commenced on 1st Jan so your 90 days starts  from 1st Jan .  Personally I wouldn’t risk overstaying.  This isn’t a new process for the Spanish , they have been enforcing it for all other non EU visitor overstayers for years.  

Which is why non-residents have to leave no later than 31 March.  I don't know what "legal advice" you're referring to, but I would also like to know who believes they are able to advise a variation of the direction given by both the Spanish government and the British Embassy?

Kind regards,

Kim

British Embassy were no good. Just referred me to the Gov. website & unable to speak to anyone. Our Spanish letting agent is a solicitor & advised us to leave. Not her field but she said Spain takes overstayers very seriously & could ban you for a number of years. So werre on a flight back on the 28th.

Thanks wendypeg.  My response was to AlexM, but good to hear that your lawyer has given you sensible (and legal!) advice that concurs with the directions of the Spanish Government and the British Embassy in Madrid.

Safe journey,

Kim

I've been in contact with the British Embassy in Alicante because I am trying to return to Spain to pick my partner up. Unfortunately, she is there with our dog and as now sold her property she could be homeless before the end of the month. The British Embassy have been brilliant in trying to get me authorisation to travel to spain to pick her up. I've been talking to a lady called Sara who has been very helpful. When I enquired about the 90 day situation, she told me that anyone who is due to leave by the 30th and cannot get back, should contact the Spanish authorities to get a visa extension. She said that anyone who has overstayed there 90 days could possibly be deported at their own expense, fined and even put in prison. The authorities will know who have overstayed when you try to return to the UK because you will not have a stamp in your passport if you arrived before the 1st of January. 

I’m stopping as I don’t think the police have the man power or are bothered to chase people.

They have never bothered chasing out non residents who where here all year round in the 180 days, I’ve been here lots of years and lots of people have

I’m sure you’re absolutely right, the police probably don’t have the manpower to chase everyone down; they’re unlikely to know you’re even here.

It may well be a very different story if/when you decide to leave Spain after a 90+ day stay. My guess is someone will be “bothered” then 🤪🥂

All I can say is good luck and hope you don’t need to ever leave the country or call on any public services .  They may not have looked for over staying EU non residents in the past but it may be very different for overstaying third country  non residents .  We shall soon see .