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The 90 day rule

3K views 19 replies 10 participants last post by  raynipper 
#1 ·
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.
 
#2 · (Edited)
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."
 
#3 ·
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.
 
#6 ·
This has made me wonder about my situation, I´m 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.
 
#9 ·
This has made me wonder about my situation, I´m 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.....

.
 
#7 ·
"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/ultimate-guide-spanish-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.
 
#8 ·
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.
 
#11 ·
Whatever it is going to be a lot more complicated and probably costly than it is now (wait till the insurance companies see the

opportunities in the Green Card for "travelling abroad"

But don't forget to hold the Brexiteers and those who voted for Johnson to account, for all the hassle that will ensure.

Oh sorry no Brexit.................but I'm still last
 
#12 ·
I think it's all still in a state of flux Pat. I doubt anything will change in the immediate future (12 months). So no one can give you a definite answer and all the time it's like that I doubt anyone will question dates.

Ray.
 
#13 · (Edited)
It's not that straight forward Dave, we enquired in 2018 about a passport for me, costs over 200€ you have to pass a certain level in German and about German politics, I don't need a passport to stay here I now have the right to stay pass, but don't know how that would work going back and forth, I wonder if anyone does :frown2: there are still a few things hanging in the air.

Barry your situation maybe different as your Mother was German you have German blood, no harm in trying.
 
#14 ·
Sorry about the need for German history knowledge etc - that is the same as here except the language test does not apply over 65 AFAIK ( but everything is in the air obviously). My wife and family needed neither knowledge or language (thankfully cos only MrsW and our multi language daughter could have done that) - might be worth checking if the language thing is age limited or related - who knows it may be an EU ruling.......

There may, of course, be different requirements for holocaust descendants, the German Government is very keen to correct problems created by the Third Reich in 1940 odd....
 
#16 ·
I would go for it here in France except for the history. It would be a massive learning curve as I know virtually ziltch. But I am still pissed because daft Brexit voters brought it upon myself and thousands of others without knowing.

Ray.
 
#19 ·
Zilch would be kind for me....

https://www.thoughtco.com/france-a-historical-profile-1221301

The very short version,



The animated version, beloved of children with short attention spans....

Or, if you are bored and have 25 minutes to spare, interestingly the same tribes do not appear in this version as t'other....



Or if you are only interested in the Revolution (which one is debatable) and are not word perfect on "Les Miserables" (which has got to be one of the worst books to read IMO 😱 )

Try this (the idiots version, so suits me superbly 😜 )



There that should help bore you totally...

.
 
#20 ·
I think this part is the extent of my knowledge Dave.

France is a country in Western Europe that is roughly hexagonal in shape. It has existed as a country for a little over a thousand years and has managed to fill those years with some of the most important events in European history.

It is bordered by the English Channel to the north, Luxembourg and Belgium to the northeast, Germany and Switzerland to the east, Italy to the southeast, the Mediterranean to the south, southwest by Andorra and Spain and west by the Atlantic Ocean. It is currently a democracy, with a president and prime minister at the top of government.


Ray.
 
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