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Re, overstaying 90 day post thats now locked

Posted: Thu Mar 14, 2024 9:29am
21 replies10 members subscribed
paulsav

paulsav

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Having read all the comments regarding the recent post whether to report an overstayer that turned into a disgusting slanging match, not one person mentioned the "overstayer" might have been an Irish passport holder who therefore isnt overstaying and can come and go as he pleases.

Just saying.... 

Regards 

Pauline 

marcliff

Posted: Thu Mar 14, 2024 9:47am

marcliff

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Posted: Thu Mar 14, 2024 9:47am

Then why would they mention 90 days in 180 and trying to get around it? Irish citizens can stay up to 90 days in one visit and then leave and come back as the 90 in 180 doesn't apply to them. 

tebo53

Posted: Thu Mar 14, 2024 9:57am

tebo53

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Posted: Thu Mar 14, 2024 9:57am

paulsav wrote on Thu Mar 14, 2024 9:29am:

Having read all the comments regarding the recent post whether to report an overstayer that turned into a disgusting slanging match, not one person mentioned the "overstayer" might have been an Irish passport holder who therefore isnt overstaying and can come and go as he pleases.

Just saying.... ...

...

Regards 

Pauline 

Even Irish passport holders are limited to 90 day visits, after 90 days Irish passport holders will need to sign on the foreigners register at the National Police station otherwise they can be classed as "overstayers"

Steve 

paulsav

Posted: Thu Mar 14, 2024 10:02am

paulsav

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Posted: Thu Mar 14, 2024 10:02am

marcliff wrote on Thu Mar 14, 2024 9:47am:

Then why would they mention 90 days in 180 and trying to get around it? Irish citizens can stay up to 90 days in one visit and then leave and come back as the 90 in 180 doesn't apply to them. 

Maybe the "overstayer" leaves the Shengen area for a day that the op doesnt know about? 

Regards 

Pauline 

marcliff

Posted: Thu Mar 14, 2024 10:39am

marcliff

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Posted: Thu Mar 14, 2024 10:39am

paulsav wrote on Thu Mar 14, 2024 10:02am:

Maybe the "overstayer" leaves the Shengen area for a day that the op doesnt know about? 

Regards 

Pauline 

Ah, right. That was the 80 day post and not the 90 day one which was about people leaving for a week. The 80 day one was about reporting them.

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Grannyrose

Posted: Thu Mar 14, 2024 10:41am

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Posted: Thu Mar 14, 2024 10:41am

In reply to Steve, I hold an Irish Passport and never heard of having to apply for a vista after a 90 day stay.   How on earth are people who buy a property in Spain to know this?  Our solicitor NEVER gave us any legal information when we bought and we’ve retained their services ever since. It’s a mine field. Many people live a simple life and presume that they can come and go within reason. Would you please advise me about this visa and when and where to get it.  

Sometimes I wonder if there isn’t an easier way to stay. All dates should commence at the start of the year to keep things simple. I also hold a British passport, does that mean that I can stay longer using it?

PeterPan

Posted: Thu Mar 14, 2024 11:05am

PeterPan

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Posted: Thu Mar 14, 2024 11:05am

Grannyrose wrote on Thu Mar 14, 2024 10:41am:

In reply to Steve, I hold an Irish Passport and never heard of having to apply for a vista after a 90 day stay.   How on earth are people who buy a property in Spain to know this?  Our solicitor NEVER gave us any legal information when we bought and we’ve retained their services ever ...

...since. It’s a mine field. Many people live a simple life and presume that they can come and go within reason. Would you please advise me about this visa and when and where to get it.  

Sometimes I wonder if there isn’t an easier way to stay. All dates should commence at the start of the year to keep things simple. I also hold a British passport, does that mean that I can stay longer using it?

https://www.ireland.ie/en/dfa/overseas-travel/advice/spain/#:~:text=Irish%20citizens%20do%20not%20require,Information'%20tab%20for%20further%20information.

https://administracion.gob.es/pag_Home/en/Tu-espacio-europeo/derechos-obligaciones/ciudadanos/residencia/obtencion-residencia/inscribirte-residente.html

marcliff

Posted: Thu Mar 14, 2024 11:08am

marcliff

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Posted: Thu Mar 14, 2024 11:08am

Grannyrose wrote on Thu Mar 14, 2024 10:41am:

In reply to Steve, I hold an Irish Passport and never heard of having to apply for a vista after a 90 day stay.   How on earth are people who buy a property in Spain to know this?  Our solicitor NEVER gave us any legal information when we bought and we’ve retained their services ever ...

...since. It’s a mine field. Many people live a simple life and presume that they can come and go within reason. Would you please advise me about this visa and when and where to get it.  

Sometimes I wonder if there isn’t an easier way to stay. All dates should commence at the start of the year to keep things simple. I also hold a British passport, does that mean that I can stay longer using it?

The rules are that EU citizens can stay a maximum of 90 days in one visit but, if they wish to stay longer, they should register as an EU citizen. Just like when UK was in the EU, nobody bothered and nobody checked. The only snag would be staying longer than 6 months. The 90 in 180 does not apply to EU citizens and you could go to another country for a few days and then start the 90 days over again but it really is simply to go on the register and just tick the non permanent residency box. 

Your having a UK passport is a misnomer as you can't switch between passports. Your UK one wouldn't have a stamp showing when you entered so, if you used it to leave, it might look like you've been here forever. 

tebo53

Posted: Thu Mar 14, 2024 11:25am

tebo53

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Posted: Thu Mar 14, 2024 11:25am

Grannyrose wrote on Thu Mar 14, 2024 10:41am:

In reply to Steve, I hold an Irish Passport and never heard of having to apply for a vista after a 90 day stay.   How on earth are people who buy a property in Spain to know this?  Our solicitor NEVER gave us any legal information when we bought and we’ve retained their services ever ...

...since. It’s a mine field. Many people live a simple life and presume that they can come and go within reason. Would you please advise me about this visa and when and where to get it.  

Sometimes I wonder if there isn’t an easier way to stay. All dates should commence at the start of the year to keep things simple. I also hold a British passport, does that mean that I can stay longer using it?

For irish or eu passport holders It's not a visa but its registering your presence in Spain which is a legal requirement for visitors staying over 90 days. 

https://movingtospain.com/spain-residency-for-eu-citizens/#:~:text=European%20Economic%20Area%20(EEA)%20and,can%20move%20to%20Spain%20too.

You need to ask your legal representative. 

Steve 

BeniSnowbird

Posted: Thu Mar 14, 2024 6:00pm

BeniSnowbird

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Posted: Thu Mar 14, 2024 6:00pm

I regularly stay for months at a time in Spain (up to 6 months) but my stay is broken with visits back to the UK/Ireland for 1/2/3 days (family/business etc) so the requirement to sign on the register after 90 days is negated. Keep flight tickets etc in case you need to prove you left/returned. Obviously this only applies to EU passport holders.

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