The 90/180 day rule - Page 2

90 days in 180 applies to everyone not just 3rd. country nationalson and always has but Brits have got away with flaunting it because nobody was checking and because they didn't need visas so there were few easy and practical ways of checking if they'd wanted to but frankly nobody cared so a blind eye was turned.

Beyond that I don't know quite what the protections JTL is referring to are or were.

3rd country/non EU nationals do need visas and will have their passports wet stamped both in and out so overstaying will be easily identifiable and will incur consequences. 

Whether leaving on March 31st or thereabouts will raise questions or not is hard to predict but I would point out that if it does then the onus will always be on you to prove what you claim and not border staff disprove. 

Hello Michael

The last 2 paragraphs are exactly what you should do...leave around 27/28th and  all should be fine. 

As for Christmas,  if  you come onto the forum on Xmas Day , I'm sure somebody will be around to wish you a Happy Christmas & have a chat....

Cheers 

Elinspain

Thanks for those kind words but I’m still not sure what will be the best plan.  Clearly I do not wish to attract any fines or bans but equally I’m not trying to pull a fast one!  I’ll try to get the official verdict from somewhere before making my dec

Hi Michael,

     I think your best bet would be to contact the British Embassy in Spain and ask their advice. I have read that the decision has not been made regarding how non-resident UK passport holders who have been in Spain before 1/1/21 will be treated, but it is hearsay rather than definite.

Rgds,

Aitch

Not a bad idea.  I might try that.  The more I think about all this and the more I read about the obstacles to travel, in both directions, the more I wonder if just going for Residencia would be the simpler option.

If I could achieve that, at a reasonable cost, even this late in the day, it might be a good idea 🤔.

At least then I could make my own decisions about when or if to go back to the UK.  My God why is everything so complicated at the moment!!

Kimmy11 covered this off a few weeks ago ......

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This extract from https://www.gov.uk/foreign-travel-advice/spain/entry-requirements details the entry requirements to Spain after the Brexit transition period:

"Regular entry requirements

Visas from 1 January 2021

The rules for travelling or working in Europe will change from 1 January 2021:

• you will be able to travel to countries in the Schengen area for up to 90 days in any 180-day period without a visa as a tourist, to visit family or friends, to attend business meetings, cultural or sports events, or for short-term studies or training.
• if you are travelling to Spain and other Schengen countries without a visa, make sure your whole visit is within the limit. Visits to Schengen countries within the previous 180 days before you travel would count towards the 90-day limit
• to stay for longer, to work or study, for business travel or for other reasons, you will need to meet the entry requirements set out by Spain. This could mean applying for a visa and/or work permit. You should check with the Spanish Embassy what type of visa and/or work permit, if any, you will need
• if you are in Spain with a visa or permit, your stay will not count towards the 90-day limit

The 90-day limit for visa-free travel will begin on 1 January 2021. Any days you stay in Spain or other Schengen countries before 1 January 2021 will not count towards the 90-day limit.

At border control for Spain, you may need to:

• show a return or onward ticket
• show you have enough money for your stay, and
• use separate lanes from EU, EEA and Swiss citizens when queueing

Your passport may be stamped on entry and exit."

So unless you qualify for a visa or work permit, I'm afraid you will be restricted to Schengen rules of 90 days in a rolling 180 days.

Kind regards,

Kim

You did state in your original post that you are not interested in applying for residency. What has changed your mind.

I haven’t changed my mind as such.  I’m just considering all the options and struggling to come up with the best plan.  I might be too late to apply now , I just don’t know.  My thoughts swing one way then another several times a day!

Work permit not applicable to me. I am retired and financially solvent, owning property in Spain and the UK.

I’m not saying which way I want to go because I just can’t decide which is best.  I’ll come to a decision somehow but I’m not there yet 🙂

"My God why is everything so complicated at the moment" 

In a word Brexit, and it's going to get worse before it gets better.

If you take your cue from the fact that the soon to be defunct EHIC will live on for 90 days into 2021 for visitors who happen to be in the EU on Dec 31st it's not unreasonable to extrapolate that that's how long you can stay without the possibly of facing questions when leaving.