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Application of Schengen rules & 90 days

Re: Application of Schengen rules & 90 days

Postby shap » Thu Sep 28, 2023 8:05 am

Thank you to all for your comments and observations. I was not sure if the electronic system was all joined up yet. I am not trying to deliberately exploit the rules on a massive scale, its just that we enjoy our time here in our holiday home in Spain, but feel restricted in that we cannot visit anywhere else in Europe if our allotted time is used up or cannot return again for another 90 days.
I know I am lucky to be able to spend time here and perhaps being selfish in wanting to 'cherry pick' when we want to come.
As someone pointed out there would always be the concern that if we overstayed then we would be the ones to be found out.
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Re: Application of Schengen rules & 90 days

Postby Kingy0 » Thu Sep 28, 2023 8:41 am

I'm back and forth like a yo yo inlcuding an annual trip to Denmark. I have the schengen calculator up to date even going forward currently to June 2024 so I know I am within the rules at all times. Our passports are heavily stamped but, I always take a print out of all my trips just in case. That said it appears to me that there is no particular interest taken by border officials in Spain or Denmark despite having to search our passports for somewhere to put a new stamp. But, for those of us who are non resident home owners it is a risk to overstay!
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Re: Application of Schengen rules & 90 days

Postby Phil_pjb » Thu Sep 28, 2023 10:33 am

They don’t have the manpower to check, or the time, however, it’s an option to pull your 90/180 rule apart if you come unstuck with the law for whatever reason.

Also, I’m looking at Digital Nomad visa, part of that process is to prove you haven’t overstayed, not sure if that’s reprimanded with refusal, but as much as the rule grates my cheese, I have to follow the rules if I want one less blockade to be there legally and longer.
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Re: Application of Schengen rules & 90 days

Postby OldSalt » Thu Sep 28, 2023 11:04 am

i think that some people are missing the obvious. when the man places the passport on the little input screen he has, it checks for any markers on your file. i would guess that it also checks the dates. the physical stamp in the paper passport is increasingly becoming irrelevant. I know this to be so because on exit a while back i had a query on my file . I was pulled over but luckily it was quicky sorted but a good reality check neithertheless,

if you want to take the chance you may also wish to join the local Russian Roulette club they are always looking foe new members.
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Re: Application of Schengen rules & 90 days

Postby YogiBear39 » Thu Sep 28, 2023 11:54 am

I've not heard of anyone from the uk being fined or sent back for over staying I'm over by a week or so every time I come back they just stamp and say bye...
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Re: Application of Schengen rules & 90 days

Postby The Accountant » Fri Sep 29, 2023 10:17 am

I had one acquaintance get caught. He had a traffic accident (not his fault) and the police were involved. They checked his papers. He had been here around 18 months. He was given a week to pack up and leave. No further action.
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Re: Application of Schengen rules & 90 days

Postby Bee » Fri Sep 29, 2023 10:51 am

OldSalt wrote:i think that some people are missing the obvious. when the man places the passport on the little input screen he has, it checks for any markers on your file. i would guess that it also checks the dates.


Since 2002 all passports are checked against an SLTD (stolen lost travel documents) database which is what the Border Control are checking on their system. It is capable of flagging up the information in seconds.
This database feeds into INTERPOL. As you know since 9/11 in 2001 all countries beefed up their cross-border security cooperation against terror attacks. Hence the introduction of the SLTD database.

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Re: Application of Schengen rules & 90 days

Postby Gustav » Sat Sep 30, 2023 4:03 pm

:text-goodpost:
And true post ,
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Re: Application of Schengen rules & 90 days

Postby 1foot4ward » Mon Oct 02, 2023 6:45 am

As others have said, it’s only if you get in any legal issues in Spain that it would be flagged & leaving the country is not going to be an issue.

If you’re coming back into the Schengen & are already over the 90 days it’s more of a risk that it could get flagged, but not sure it’s currently their main priority until new system comes in, equally if you ever plan to apply for a visa then I wouldn’t breach the law as it could cause issues in that regard.
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