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post #1 of 20 (permalink) Old 13-02-2020, 10:04 Thread Starter
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The 90 day rule

Chris and I discuss this all the time. We meet people who seem to spend a lot more than 90 days here in Spain and it would suit us if we could do the same. Does anyone know the definitive rule about 90 days in and then no return within 180?
One couple left Spain and went to Portugal for a while but then came back to Spain again. They also go back to England to work and save for their next trip. Is that allowed?
Please lets not get sidetracked into Brexit unless it is relevant because no one "knows" yet

We are still discussing leaving the fiver here and visiting it for the winter and, possibly, other trips.
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post #2 of 20 (permalink) Old 13-02-2020, 10:12
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The info below presupposes that the UK leave the EU and no 'deal' is reached and the UK becomes a Third Party Nation.

In that case going to a different Schengen country will not bypass the 90/180 day rule e.g Spanish visitor going to Portugal.

https://www.schengenvisainfo.com/schengen-visa-types/

Multiple-entry visa
A multiple-entry visa allows its holder to go in and out of the Schengen Area as many times as he or she wants, as long as they do not violate the 90/180 rule.

Based on how frequently you travel to Schengen zone, you may apply and obtain one of the following multiple-entry visa types:

1 year multiple-entry visa
3 year multiple-entry visa
5 year multiple-entry visa

"The 180-day period keeps rolling. Therefore, anytime you wish to enter the Schengen, you just have to count backwards the last 180 days, and see if you have been present in the Schengen for more than 90 days throughout that period."

Last edited by rayc; 13-02-2020 at 10:31.
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post #3 of 20 (permalink) Old 13-02-2020, 10:39
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Basically after this year your stuffed. 90 days is the limit in any 180 deal or no deal. If you want to over winter in Spain Morocco could possibly be an option but if you have spent 90 days in Spain you would have to stay another 90 days in Morocco before returning. You could I think spend 45 days in Spain then a month or two in Morocco and then come back to Spain for another 45 days. Well it would have to be less as you would need time to travel home.

The days of long trips in the motorhome to Europe are over.


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post #4 of 20 (permalink) Old 13-02-2020, 10:45
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Quote:
Originally Posted by barryd View Post
if you have spent 90 days in Spain you would have to stay another 90 days in Morocco before returning.
Is that correct? In your example the last day in Morocco would be day 180 so counting back 180 days would show the 90 days in Spain and you could not re-enter for a further 90 days.
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post #5 of 20 (permalink) Old 13-02-2020, 12:08
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Originally Posted by rayc View Post
Is that correct? In your example the last day in Morocco would be day 180 so counting back 180 days would show the 90 days in Spain and you could not re-enter for a further 90 days.
I think your right and I am wrong. There is a calculator somewhere but I could never get it to work. So you would have to stay much longer in Morocco then to have some clear days to return to Spain. Or you could do the other suggestion and stay 45 days in Spain, 45 days in Morocco then another 45 days in Spain.

If you dont want to go to Africa to buy some time those 90 days are going to be much less really as you are going to need a week either end to get from Calais to Spain and back again unless you take the ferry to Northern Spain.


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post #6 of 20 (permalink) Old 13-02-2020, 12:54
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This has made me wonder about my situation, Iīm still changing may mind every five minutes.

I have a British passport, never applied for a German one, but I do have the right to stay.

If I decide to stay and come back to the UK every 3 months, how would the 90 days effect me I wonder, will the UK rules apply or the EU, Do I also retain the right to roam.

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post #7 of 20 (permalink) Old 13-02-2020, 13:23
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"EU citizens must apply for their Spanish residency if they spend more than 90 days in Spain".


I think this is right: https://torreviejatranslation.com/ul...ish-residency/

But I have seen no evidence that anyone cares. It might be enforced on vagrants or criminals caught in the act though otherwise you'd be unlucky to fall foul of it, at the moment. I don't know whether Brits in Spain might find themselves under closer scrutiny after the end of this year.

Any kind of registration of practically anything in Spain requires an address really. I'm not sure if a camp site would do. I'd doubt it though. It's all very relaxed till it gets official, then rules are rules and are often varied from one place to another.

You could have a problem if you're logged into the EU after December. For now nobody will know when you arrived unless you tell them or they ask at your camp site or follow your cash withdrawals or something of the sort. I don't think that'll happen unless you're under suspicion of some sort.
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post #8 of 20 (permalink) Old 13-02-2020, 14:28
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Originally Posted by erneboy View Post
"EU citizens must apply for their Spanish residency if they spend more than 90 days in Spain".


I think this is right: https://torreviejatranslation.com/ul...ish-residency/

But I have seen no evidence that anyone cares. It might be enforced on vagrants or criminals caught in the act though otherwise you'd be unlucky to fall foul of it, at the moment. I don't know whether Brits in Spain might find themselves under closer scrutiny after the end of this year.

Any kind of registration of practically anything in Spain requires an address really. I'm not sure if a camp site would do. I'd doubt it though. It's all very relaxed till it gets official, then rules are rules and are often varied from one place to another.

You could have a problem if you're logged into the EU after December. For now nobody will know when you arrived unless you tell them or they ask at your camp site or follow your cash withdrawals or something of the sort. I don't think that'll happen unless you're under suspicion of some sort.
The new Schengen system went online last year I think Alan. Every country in Schengen can now easily find out when you entered the zone. I know someone who got pulled in Romania recently and the rozzers produced some kind of tablet and checked there and then when they arrived, it even knew when they had entered Romania.

The issues will probably happen at the ports where it will flag up automatically when you entered Schengen. Its something I looked into a fair bit when we first decided to leave the EU as I do long summer trips in Europe. What I found was that there were many cases of third country nationals being caught overstaying and getting considerable fines, being deported and in some cases refused re-entry. One bloke in Holland got thrown in jail. There is no way around it that I found at least especially not now they have improved the systems.

What the Spanish authorities and Rozzers do though I guess will be down to how they feel at the time. Maybe if you leave through Sandander or Bilbao they will turn a blind eye but I always got the impression the Spanish Rozzers and customs were always keen to make a few bob or two on fines.


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post #9 of 20 (permalink) Old 13-02-2020, 18:16
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Quote:
Originally Posted by JanHank View Post
This has made me wonder about my situation, Iīm still changing may mind every five minutes.

I have a British passport, never applied for a German one, but I do have the right to stay.

If I decide to stay and come back to the UK every 3 months, how would the 90 days effect me I wonder, will the UK rules apply or the EU, Do I also retain the right to roam.

If you have lived in Germany for five years you have the right to dual Anglo-German nationality and possession of a German passport and identity card means you can use that to stay in Europe 360/360 or go back to the UK on your British passport, stay there as you wish and then return on your German one.

MrsW has just got her German papers due to her paternal grandparents being killed in Auschwitz, our children and grandchildren also have that right, but MrsW's came through in 5 weeks due to her health problems.....

Worth applying for, even if it takes a year or so and it was free - whereas French dual is not.....

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post #10 of 20 (permalink) Old 13-02-2020, 18:42
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hi penguin

i was interested in your advice above

i was wondering if you have any thoughts on my situation


my mother was german and married a british soldier my father after the war

i thought about dual nationality a while ago but did not proceed any further


barry

Last edited by powerplus; 13-02-2020 at 19:12.
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