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90 day rule just totally confused. Appreciate any help

90 day rule just totally confused. Appreciate any help

Postby Sylvc » Tue Aug 03, 2021 2:06 pm

I know I’ve already asked this question and I thought I had it sorted.
But I’ve been on the schengen calculator today and put in our entries and exits so far and our planned ones. Each time I do this the last date we can enter gets extended to the point where it is now showing our last date to leave is over a year after our first entry to use up the 90 days. But in the explanation on the schengen page it says you cannot spend more than 90 days in 180 days not in 365 days.
So my very confused question is
Can we keep entering and exiting Spain until we have spent the 90 days counting back over any period at all not the 180 days I thought from their explanation . And then we have to stay out of Europe for 90 days?
I really apologise for my lack of understanding of the wording and the policy.
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Re: 90 day rule just totally confused. Appreciate any help

Postby Babu » Tue Aug 03, 2021 9:39 pm

You can only stay in EU (not just Spain) for 90 days in any 180.. So your 1st day in EU after 1/1/2021 counts as 1st of your 90 days and does not drop off your "allowance" for 180 days.. i.e. If you arrive on 1st march and stay for 90 days you must leave at end of May and cannot return until beginning of September ish when you can stay for another 90 days.. If you come for 1 month at a time you can come every other month ish (some months aren't 30 days) as many times as you want.. The critical point is that any day you spend in EU disappears from your record after 180 days or 6 months..
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Re: 90 day rule just totally confused. Appreciate any help

Postby Ov3rdal3 » Wed Aug 04, 2021 8:52 am

Hi, its a rolling count, we aim (pre pandemic) to be there for 3 months, then 3 months at home, and so on
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Re: 90 day rule just totally confused. Appreciate any help

Postby Mac3blade » Wed Aug 04, 2021 9:29 am

Perhaps the poster is correct! Has anyone read or heard about anyone being fined or deported? Maybe if people visit for 3 weeks and return home again only to return for another few weeks 3 months later, they may be permitted to entry.
Are there SCHENGEN POLICE? Who is going to implement this? Spain or other countries can’t afford to have People arriving on their shores to be refused entry. The Schengen rule will have to be implemented in the country people live in. Can you begin to imagine the field day the press would have ruining the economy of countries refusing entry
Thinking back, has anyone ever been refused entry or evicted because of Schengen? Sometimes I feel that people on the forum have bought into this snd they are the Schengen police. People are saying that they have arrived into Alicante and never saw any passport control personnel nor were their passports stamped. The writing’s on the wall. Spain needs our money and has no destire to curtail those of us who want to come.
I await an outcry but I genuinely believe this to be true.
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Re: 90 day rule just totally confused. Appreciate any help

Postby Sylvc » Wed Aug 04, 2021 10:51 am

Babu wrote:You can only stay in EU (not just Spain) for 90 days in any 180.. So your 1st day in EU after 1/1/2021 counts as 1st of your 90 days and does not drop off your "allowance" for 180 days.. i.e. If you arrive on 1st march and stay for 90 days you must leave at end of May and cannot return until beginning of September ish when you can stay for another 90 days.. If you come for 1 month at a time you can come every other month ish (some months aren't 30 days) as many times as you want.. The critical point is that any day you spend in EU disappears from your record after 180 days or 6 months..



Thanks Babu
I really appreciate your explanation.
It’s the critical point that you are about the rolling back and that the days disappear after the 180 days that we were struggling with. I do think from other posts that I have read there is still a lot of confusion and I had read so many conflicting interpretations. But together with your explanation and the schengen calculator which we now understand we can plan accordingly.
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Re: 90 day rule just totally confused. Appreciate any help

Postby Paul Uden » Wed Aug 04, 2021 1:25 pm

Mac3blade wrote:Perhaps the poster is correct! Has anyone read or heard about anyone being fined or deported? Maybe if people visit for 3 weeks and return home again only to return for another few weeks 3 months later, they may be permitted to entry.
Are there SCHENGEN POLICE? Who is going to implement this? Spain or other countries can’t afford to have People arriving on their shores to be refused entry. The Schengen rule will have to be implemented in the country people live in. Can you begin to imagine the field day the press would have ruining the economy of countries refusing entry
Thinking back, has anyone ever been refused entry or evicted because of Schengen? Sometimes I feel that people on the forum have bought into this snd they are the Schengen police. People are saying that they have arrived into Alicante and never saw any passport control personnel nor were their passports stamped. The writing’s on the wall. Spain needs our money and has no destire to curtail those of us who want to come.
I await an outcry but I genuinely believe this to be true.


Yes, you can read all about it on the link below. In a 'normal' year, pre-Brexit, Spain turned away an estimated 10000 non-EU citizens per year due to the 90 days rule. The stats are interesting reading. In 2020, when there was very little travel, Spain turned away 3515 non-EU citizens at their borders, 87% at the air border (second highest behind Germany). Across the whole EU the % of these due to breaching the 90 days rule was 7.5%. In a normal year the overall figures are 50x higher, so potentially c.10000 due to the Schengen rules by Spain alone.

https://ec.europa.eu/eurostat/statistic ... nto_the_EU
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Re: 90 day rule just totally confused. Appreciate any help

Postby MichaelC » Wed Aug 04, 2021 1:42 pm

What actually does happen if someone is caught living under the radar, basically living here months or even years way past the 90 day rule?
If they stop you when leaving what could they really do?
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Re: 90 day rule just totally confused. Appreciate any help

Postby Paul Uden » Wed Aug 04, 2021 1:56 pm

MichaelC wrote:What actually does happen if someone is caught living under the radar, basically living here months or even years way past the 90 day rule?
If they stop you when leaving what could they really do?


Some info on this link, but each EU country can apply its own penalties. It appears to be most severe for those who have been working illegally so it may partly depend on your source of income during those months and years: https://www.schengenvisainfo.com/news/c ... ngen-area/
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Re: 90 day rule just totally confused. Appreciate any help

Postby Babu » Wed Aug 04, 2021 9:13 pm

The reality is, like in US, if you overstay you may not be penalised when you leave the EU but you may well be refused entry when trying to re-enter.. Although they are now stamping your passport from UK and some say its not Checked, I have not entered Spain for last 3 years, or left, without my passport being scanned and there is a pan EU database to register arrival/departure.. I believe anyone saying you don't get logged is in the same league as covid deniers...
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Re: 90 day rule just totally confused. Appreciate any help

Postby Pug of Cydree » Wed Aug 04, 2021 9:26 pm

I have friends who live near the golf course in Quesada. Their daughter was living with them, she had no job or provable income. She has had to go back to the uk under the new rules. Yes they are watching, and acting!
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