Staying longer than 90 days in the EU

[jumar]

this is copy of a message from my mate who's applied for residency in Spain, i've asked his opinion whether or not Spain will either issue a "longer stay visa"

this is part of the reply he sent back last night

"Probably, as they've had a taste of "no brits" & will realise they need us more than they think. It's all well the Spanish coming in droves on discounted hols, hotels and camp sites have offered them massive discounts just to come, but that's not gonna help the economy as they don't spend anything neither !

Tight bxxxxxxs on here buy their food & drink at the supermarket or bring it with them, then pack into cooler boxes & take to the pool and don't spend anything ! It's chocka at the pool all day everyday & the bar there isn't even open ! Same probably happens at the beach as they all group together with cool boxes and don't use the cafes/bars and restaurants !"

I have to say I hope he's right regarding the visa as hopeful as I am, the original thread where I posted about Willy a few months ago, highlighted this very same issue, the brits spend and a lot of the rest don't, businesses have closed in that area from march 31st as the brits went home in droves after being frightened by social media.

Only time will tell I suppose but as gradyp mentioned above, is it going to be one of those rules that gets overlooked, have "they" been instructed to ignore the long stayers because of the damage its doing to there local economies.

I imagine Covid is having a greater impact on tourism rather than the 90/180 ruling which hasn't had a chance to take full effect as yet...

 

[Littlewheels]

and i'm a million percent certain Jim, if nothing happens to anyone, then some dickhead will make something up and post if on a facebook group that his mates mates uncles brothers, son in law has been jailed for 10 years and banned from the EU for 50 years just to cause a reaction, then it will have been read by 1000's and become "true" as its on the internet

Coincidentally only yesterday l read that 3400 people were fined last year for overstaying the 90/180 allowance, we exited the EU on 31/12/20 so it must be true mustn’t it well it must be it was on Social Media

 

[Al n Val]

Coincidentally only yesterday l read that 3400 people were fined last year for overstaying the 90/180 allowance, we exited the EU on 31/12/20 so it must be true mustn’t it well it must be it was on Social Media

I’d actually read it was 20 million but didn’t like to mention it

Edit: I’ve just read that another 700 thousand have been arrested today trying to get on the ferry at Santander and possibly another million on Saturday

 

[2657]

Coincidentally only yesterday l read that 3400 people were fined last year for overstaying the 90/180 allowance, we exited the EU on 31/12/20 so it must be true mustn’t it well it must be it was on Social Media

You do realise that this site is social media

 

[Lynne Roy]

We had our passports stamped entering Spain at Santander and again stamped leaving France at Caen.Croatia for us in September..BUSBY.

That’s where we are heading too x

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[Littlewheels]

You do realise that this site is social media

Of course but Funsters would never give wrong information or exaggerate their wealth or knowledge would they or look on Google to answer a question asked that they know sod all about would they, no they wouldn’t.

 

[tonyidle]

I think news of overstayers will leak out. Let's face it the 90/180 rule couldn't be more dumb; could they make it more complicated for the average Joe public to understand? I don't think so. There will be lots of confusion, lots of "I didn't Realise" "I thought we are OK". When they are caught out, we'll hear about it and learn what happens to them.

As it isn't new (except to us since Brexit) there should be information about past transgressors?

 

[Itsmcb]

You do realise that this site is social media

This site is unusually 'social' media

 

[royandsharont]

Lots of people like us & second home owners have broken the rules in Spain for years. We lived there for a short time 2010/12 and when we went the rules were you were only allowed to stay for 6 months without registering yourself as a resident at the foreigners office, not necessarily a permanent resident.

Then in June 2011, I think it was, they changed the rules and reduced it to 3 months and that is what it remained up to Brexit. If you stayed longer you had to register again but now had to show income to not be a burden on state, have full medical insurance, not holiday, to cover ALL possibilities, i.e. expensive full private cover.

Yet many EU citizens camped or visited their holiday homes for far more than the 3 months and probably got away with it because of being part of EU and no border checks etc. Now it’s all very different for us but the rules are very similar. Other EU countries had 6 or 3 month limits too, I don’t think any of them were open ended without registering.

I’m sure those who live there now will be able to correct me if my recollection is wrong. I recall coming home for a short break once and the UK customs officer said I’d been away a long time and asked me if I had a home abroad after he checked the chip in my UK passport. I’ve never had an EU Customs/ Police Officer ask any questions when they’ve checked my documents on entry to Schengen countries.

We decided we were too young to stay there, as planned, and needed to be a state pensioner or work in a proper job to stay to access the security of the health care system, which would have been a long wait for us. Glad we did now & discovered camping just a pity Brexit came & mucked the camping up

 

[Busman]

Here’s one to think about. your driving round Spain you are involved in a accident and not your fault van written off and end up in hospital the other insurers find out you’ve overstayed the 90 days (easy to do) do you think they’ll just say oh we’ll forget about that. Wouldn’t it be classed as invalid insurance ????

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[royandsharont]

I suspect that would be a possibility with some insurers if that was in your policy condition, or even if it just said driving legally & then apply a broad perspective of what is meant by legally. I would suggest if you are in the country illegally then everything you do would be illegal,or could be interpreted that way.

 

[Al n Val]

or just get insurance that covers you for EU travel for 180 days or longer if you prefer, surely if it says that on your policy document then they have to cover you i’d have thought

 

[royandsharont]

or just get insurance that covers you for EU travel for 180 days or longer if you prefer, surely if it says that on your policy document then they have to cover you i’d have thought

Even with insurance, such as Comfort who had 270 days EU cover, if you were driving illegally, such as intoxicated, you may not be covered and thereby if you were there illegally you MAY also not be covered? It’s a point to be clarified by each person I think with their insurers

 

[Coolcats]

As EU citizens will not be allowed to stay in the U.K. for more than 90 days or a U.K. subject stay in the US for more than the set time of a visa why do people think that the rules will go soft for us to stay longer in the EU? as the EU is a rules based system asking forgiveness if someone overstays 90 days probably won’t wash.

 

[Coolcats]

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[Coolcats]

duplicate post !

 

[138go]

We were chatting to a neighbour today. They are going to Spain in October for three months and then again for four months in March. He confidently told us that the owner of the villa they stay in, had confirmed that the new rules run from 1st January until 31st December.

 

[Spawn_e_git]

As EU citizens will not be allowed to stay in the U.K. for more than 90 days or a U.K. subject stay in the US for more than the set time of a visa why do people think that the rules will go soft for us to stay longer in the EU? as the EU is a rules based system asking forgiveness if someone overstays 90 days probably won’t wash.

EU citizens can stay in the UK 180/360 which if this reciprocal, would stop most of the moaning on here as it would permit the Spain winter escape.

Source:

Visiting the UK as an EU, EEA or Swiss citizen

What you need to know about crossing the UK border and visiting the UK.

www.gov.uk

 

[Onemanandhisdog]

It’s a point to be clarified by each person I think with their insurers

I'm not sure how you could do that. Surely you are telling them you are doing something illegal and asking if it's ok.

 

[Geistguy]

Forgive me if this is a silly question but how do the mechanics of monitoring your stay work ? If I spend, say, 60 days around France and Spain then visit outside of Europe but then re-enter Spain etc for another 60 days how is it checked ?

Again apologies if I'm being a numpty.

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[dunnah01]

We were chatting to a neighbour today. They are going to Spain in October for three months and then again for four months in March. He confidently told us that the owner of the villa they stay in, had confirmed that the new rules run from 1st January until 31st December.

Pretty sure the villa owner is wrong and it's a rolling 90/180

 

[dunnah01]

Forgive me if this is a silly question but how do the mechanics of monitoring your stay work ? If I spend, say, 60 days around France and Spain then visit outside of Europe but then re-enter Spain etc for another 60 days how is it checked ?

Again apologies if I'm being a numpty.

Until ETIAS is in full flow mid 2022 any checks will be a bit ad-hoc. After mid 2022 it will be automated by ETIAS so little chance of avoiding the rule.

 

[Geistguy]

Sorry but what does ETIAS stand for.

Told you I'm a numpty

 

[138go]

Pretty sure the villa owner is wrong and it's a rolling 90/180

The villa owner is definitely wrong.

 

[royandsharont]

For those who have not seen it HERE is an online Schengen Visa Calculator which helps you work out whether your planned stays would be legal, or not.

It most definitely is a rolling 180 days as stated by 138go

I'm not sure how you could do that. Surely you are telling them you are doing something illegal and asking if it's ok.

Onemanandhisdog Sometimes insurers do still provide cover when in fact the policy holders actions are in beach if the legislation, hence the need to check to ensure you know what your policy interpretation of the rules are.

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[gus-lopez]

As EU citizens will not be allowed to stay in the U.K. for more than 90

They can stay for 180 .The UK chose the easy& lazy way when in the EU & are now stuck with it as they didn't negotiate it during withdrawal.

We were chatting to a neighbour today. They are going to Spain in October for three months and then again for four months in March. He confidently told us that the owner of the villa they stay in, had confirmed that the new rules run from 1st January until 31st December.

The villa owner will have been paid . Like estate agents hee they will tell you what yo want to here to sell you something.

Forgive me if this is a silly question but how do the mechanics of monitoring your stay work ? If I spend, say, 60 days around France and Spain then visit outside of Europe but then re-enter Spain etc for another 60 days how is it checked ?

Again apologies if I'm being a numpty.

Passport stamped in & ot & computer adds up days

Sorry but what does ETIAS stand for.

Told you I'm a numpty

Broken Link Removed

 

[Geistguy]

Thanks everyone.

 

[Billylou]

If your spouse has an EU passport and you have a UK passport this might interest you.

I contacted the website below, which claims it's an "official website of the European Union", asking the question regarding UK passport holders status if they have an EU spouse as I had heard you could legally over stay if you travelled together.

Your gateway to the EU, News, Highlights | European Union

Discover how the EU functions, its principles, priorities; find out about its history and member states; learn about its legal basis and your EU rights.

europa.eu

This is the reply I received:

Thank you for contacting the Europe Direct Contact Centre.

A citizen of the UK does not, in principle, require a visa to travel for a short stay of no more than 90 days within any 180-day period in the Schengen area.

The fact that you reside with your Irish wife the UK is, on its own, not sufficient to waive the limits of the 90/180-days rule if you intend to travel on your own to a Schengen Member State.

However, if you are travelling with your wife to a Schengen country, or joining her in a Schengen country, the 90/180 days limitation does not apply. Accordingly, any stays in the Schengen area together with her will not be taken into account when you travel again on your own. Please be aware, however, that in this case you might need to have documentation to show when you were travelling with her and when you were not.

For further information, we recommend that you contact the authorities of the country you would like to travel to: https://europa.eu/youreurope/citizens/embassies/index_en.htm

You can also find additional information here: https://europa.eu/youreurope/citizens/travel/brexit-travel-documents/index_en.htm

If you wish to remain in a given country for more than 3 months, both you and your wife may need to register your residence: https://europa.eu/youreurope/citizens/residence/index_en.htm

Please note that as Ireland is not part of the Schengen area and because your wife is an Irish citizen, this may not apply if you wish to travel together to Ireland.

For information on the Common Travel Area between Ireland and the UK, please see: https://www.citizensinformation.ie/...n_travel_area_between_ireland_and_the_uk.html

We hope you find this information useful. Please contact us again if you have other questions about the European Union, its activities or institutions.

This sounds like good news, however I've no idea how it will be implemented at the boarders and how we can expect the boarder guards to be completely up to speed with all the rules and regs. I guess it's better than nothing and a good start for those of you with a EU spouse.

 

[mikebeaches]

As EU citizens will not be allowed to stay in the U.K. for more than 90 days or a U.K. subject stay in the US for more than the set time of a visa why do people think that the rules will go soft for us to stay longer in the EU? as the EU is a rules based system asking forgiveness if someone overstays 90 days probably won’t wash.

As I think has been mentioned, the fact is EU citizens are allowed to stay for up to 180 consecutive days in the UK, whereas for UK citizens it is 90 days in 180 (on a rolling basis) for staying in the EU.

 

[Coolcats]

EU citizens can stay in the UK 180/360 which if this reciprocal, would stop most of the moaning on here as it would permit the Spain winter escape.

Source:

Visiting the UK as an EU, EEA or Swiss citizen

What you need to know about crossing the UK border and visiting the UK.

www.gov.uk

Fair enough but that’s our rules we expect others to abide by then and from a 360 day perspective we have the same allowance just split into two 90 day stints.

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