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The 90/180 day rule

Posted: Sat Nov 28, 2020 12:50pm
91 replies5091 views18 members subscribed
MichaelLaSiesta

MichaelLaSiesta

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I've read in all the appropriate places about this subject but not been able to find the answer to this question:  if I stay here as a non-resident beyond the new year (I arrived at my property on 30 October) does the 90 day timetable reset on the 1st January?  As it stands the current 90 day period expires on 27 January but I am thinking of staying, maybe, until the end of March (when things just might be better in England!).

I know that "what happens from January onwards" is anybody's guess at the moment but I am tempted to try for an extended stay.  I've never done it before so have no idea what the consequences might be.  And no - I am not interested in applying for residency!  I've never really understood this rule.  Does the year begin on the 1st January each year or from the first day that you arrive in the country?

Any thoughts/advice/warnings welcome

Michael

tebo53

Posted: Sat Nov 28, 2020 12:59pm

tebo53

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Posted: Sat Nov 28, 2020 12:59pm

MichaelLaSiesta wrote on Sat Nov 28, 2020 12:50pm:

I've read in all the appropriate places about this subject but not been able to find the answer to this question:  if I stay here as a non-resident beyond the new year (I arrived at my property on 30 October) does the 90 day timetable reset on the 1st January?  As it stands the current ...

...90 day period expires on 27 January but I am thinking of staying, maybe, until the end of March (when things just might be better in England!).

I know that "what happens from January onwards" is anybody's guess at the moment but I am tempted to try for an extended stay.  I've never done it before so have no idea what the consequences might be.  And no - I am not interested in applying for residency!  I've never really understood this rule.  Does the year begin on the 1st January each year or from the first day that you arrive in the country?

Any thoughts/advice/warnings welcome

Michael

Hi, before all this Brexit business nobody checked when you were coming or going because you were allowed to as and when you liked. After 1st January your passport will be stamped when you re-enter an EU country and the clock will start for your 90 days. Nobody will know how long you've been in Spain so I wouldn't worry about it this time and enjoy your extended holiday as next time you come on holiday you will be restricted to the 90/180 rule.

The 90/180 rule is a rolling period and does not have a yearly start date. You have 90 days holiday then you can't enter the EU zone for 90 days then up to 90 days holiday and so on.......

Steve 

Peter3473

Posted: Sat Nov 28, 2020 1:22pm

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Posted: Sat Nov 28, 2020 1:22pm

I am on the understanding the date you depart Spain in your first instance the 27th January 2021 may count as 27 days, unless on departure passport control you are asked when you arrived in Spain? your second option leaving the end of March 2021 may count as 90/91 days and the same again at departure passport control? Whatever in the instance the clock will start ticking on the 1st January 2021. the choice is yours in what ever you decide and for future trips when you clock in and out, perhaps you could keep us updated on this episode. 

MichaelLaSiesta

Posted: Sat Nov 28, 2020 1:26pm

MichaelLaSiesta

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Posted: Sat Nov 28, 2020 1:26pm

tebo53 wrote on Sat Nov 28, 2020 12:59pm:

Hi, before all this Brexit business nobody checked when you were coming or going because you were allowed to as and when you liked. After 1st January your passport will be stamped when you re-enter an EU country and the clock will start for your 90 days. Nobody will know how long you've been in S...

...pain so I wouldn't worry about it this time and enjoy your extended holiday as next time you come on holiday you will be restricted to the 90/180 rule.

The 90/180 rule is a rolling period and does not have a yearly start date. You have 90 days holiday then you can't enter the EU zone for 90 days then up to 90 days holiday and so on.......

Steve 

Thanks, that ties in with other advice I have read on different forums.

MichaelLaSiesta

Posted: Sat Nov 28, 2020 1:30pm

MichaelLaSiesta

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Posted: Sat Nov 28, 2020 1:30pm

Peter3473 wrote on Sat Nov 28, 2020 1:22pm:

I am on the understanding the date you depart Spain in your first instance the 27th January 2021 may count as 27 days, unless on departure passport control you are asked when you arrived in Spain? your second option leaving the end of March 2021 may count as 90/91 days and the same again at depar...

...ture passport control? Whatever in the instance the clock will start ticking on the 1st January 2021. the choice is yours in what ever you decide and for future trips when you clock in and out, perhaps you could keep us updated on this episode. 

Thanks for that and that ties in with other advice I have read on different forums.  I am undecided what to do at the moment.  England is non too appealing at the moment of course but I am by myself here in Spain and a Christmas alone will be the first time in my whole life!

If I do decide to stay I will reset my Spanish-stay clock from 1 Jan and the 90 days will be up on 31 March.  I would obviously go for a return flight a couple of days before then just to be sure.  

Could be a good plan.  Plenty of time to get all the house projects done before I depart. 

Peter3473

Posted: Sat Nov 28, 2020 1:42pm

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Posted: Sat Nov 28, 2020 1:42pm

MichaelLaSiesta wrote on Sat Nov 28, 2020 1:30pm:

Thanks for that and that ties in with other advice I have read on different forums.  I am undecided what to do at the moment.  England is non too appealing at the moment of course but I am by myself here in Spain and a Christmas alone will be the first time in my whole life!

If I do decide to stay I will reset my Spanish-stay clock from 1 Jan and the 90 days will be up on 31 March.  I would obviously go for a return flight a couple of days before then just to be sure.  ...

...

Could be a good plan.  Plenty of time to get all the house projects done before I depart. 

As in your case of a March departure, there may be many others doing the same! so beware passport control on leaving Spain, as you never know what the Spanish authorities have planned for the British departing.

MichaelLaSiesta

Posted: Sat Nov 28, 2020 2:06pm

MichaelLaSiesta

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Posted: Sat Nov 28, 2020 2:06pm

This post that was quoted has been deleted.

Are you sure about that?

so many conflicting opinions

tebo53

Posted: Sat Nov 28, 2020 2:44pm

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Posted: Sat Nov 28, 2020 2:44pm

MichaelLaSiesta wrote on Sat Nov 28, 2020 2:06pm:

Are you sure about that?

so many conflicting opinions

Yes that is correct. You are obliged to apply for residency if you stop past 90 days otherwise you are staying here illegally. 

Steve 

MichaelLaSiesta

Posted: Sat Nov 28, 2020 2:55pm

MichaelLaSiesta

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Posted: Sat Nov 28, 2020 2:55pm

tebo53 wrote on Sat Nov 28, 2020 2:44pm:

Yes that is correct. You are obliged to apply for residency if you stop past 90 days otherwise you are staying here illegally. 

Steve 

Ok but I wonder what the attitude will be in January?  Nobody really knows, do they.  Residencia is not an option for us at the moment so I don’t see any point in applying for it.  

I am happy with 90/180.  I was just trying to clarify it that’s all.  If I really am an illegal occupant of the house that I have owned for two years then ok - I’ll go home.  If not, I’ll stay until end March then go home to the blossoms coming out all over the Harrogate Stray

Peter3473

Posted: Sat Nov 28, 2020 4:10pm

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Posted: Sat Nov 28, 2020 4:10pm

MichaelLaSiesta wrote on Sat Nov 28, 2020 2:06pm:

Are you sure about that?

so many conflicting opinions

As you stated TEMPTED and have no idea what the CONSEQUENCES might be.

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