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Re: 90 day rule for staying in Spain as a non resident

PostPosted: Fri Feb 07, 2020 11:34 am
by Glassfull
Perhaps these Swallows or Snowbirds, if caught overstaying, should be banned from re-entry for a year or two?

Re: 90 day rule for staying in Spain as a non resident

PostPosted: Fri Feb 07, 2020 12:34 pm
by PeteKnight
O
Glassfull wrote:Perhaps these Swallows or Snowbirds, if caught overstaying, should be banned from re-entry for a year or two?



According to this website (which seems to specialise in Schengen visa applications, so is likely to paint a worst-case scenario) it says:

A person can be banned for a period of three years and more from entering any of the member states of the Schengen area”

Elsewhere it says:
aside of a fine being applied to you, you will also be banned from entering the Schengen Area for an appointed period of time, or even forever“

https://www.schengenvisainfo.com/news/consequences-of-overstaying-in-schengen-area/

After the end of the transition period Brits won’t actually need to apply for a Schengen visa, they travel under a visa waiver scheme, but the same basic rules and penalties will no doubt apply.

Pete.

Re: 90 day rule for staying in Spain as a non resident

PostPosted: Fri Feb 07, 2020 4:13 pm
by A.N.Other
It cannot be in Spains gift to unilaterally negotiate exemptions to Schengen rules, amounting as it would to a backdoor into the whole area any relaxation would require the unanimous agreement of the whole bloc.

Furthermore any such movement would almost by definition come with a rider that UK reciprocate but that would smack too much of free movement so would be something Bojo & co could never agree to.

Re: 90 day rule for staying in Spain as a non resident

PostPosted: Fri Feb 07, 2020 5:50 pm
by Glassfull
A.N.Other wrote: free movement....would be something Bojo & co could never agree to.


Can BoJo and Co. agree on anything? Apart from the Australian deal, which, as the enlightened amongst us know, is no deal.

Re: 90 day rule for staying in Spain as a non resident

PostPosted: Fri Feb 07, 2020 8:07 pm
by garysl
I remember the discussion in this forum around the time of the referendum. "There wasn't any problem for Brits buying property and living in Spain before the EU, so there why should there be a problem after?" "Nothing will change". That seemed to be the point of view of quite a lot of people. I wonder if there have been any changes of mind.

Re: 90 day rule for staying in Spain as a non resident

PostPosted: Sun Feb 23, 2020 11:09 am
by Philipb1407
During the period January 1-31December 2020 negotiations on a trade deal and the future relationship that the EU has with GB will take place, rules appertaining to length of stay for non residents or visitors will be agreed, until then carry on as normal, Spain is a very poor country it needs people who buy holiday villas and apartments and come here to spend wads of cash, it will NOT cut its nose off to spite its face. If it did it would lose tens of thousands of wealthy brits and many other nationalities who like to spend months at a time spending their hard worked for cash here on the coasts and villages of that beautiful country called Espana.
Of course if you want to work, live and become a full time resident, run a business, use schools, hospitals and receive the countries benefits, then new rules will apply to British citizens, similar to if not identical to those that apply to non-EU citizens. So stop panicking, enjoy your life, come and go from your spanish villa, house, flat, farm or what ever you own or rent and wait until everything is agreed.
It is likely that GB will be able to come and go freely as long as they are not accessing the services reserved for EU citizens. It is likely that a agreement will be put in place to access each other’s NHS services and various other agreements that benefit those who spend money in Spain..

Re: 90 day rule for staying in Spain as a non resident

PostPosted: Sun Feb 23, 2020 2:22 pm
by PeteKnight
Philipb1407 wrote:Spain is a very poor country it needs people who buy holiday villas and apartments and come here to spend wads of cash, it will NOT cut its nose off to spite its face.
[snip]
It is likely that GB will be able to come and go freely as long as they are not accessing the services reserved for EU citizens. It is likely that a agreement will be put in place to access each other’s NHS services and various other agreements that benefit those who spend money in Spain..


I wish I shared your optimism.
The problem is that Spain can’t make unilateral changes to the EU freedom of movement and Shengen zone agreements. It will be bound by the EU-wide rules that are agreed, and whilst some countries such as France have a reasonable number of holiday home owners, they don’t necessarily think that they want or need these Brits to spend more than 3 months out of every 6 in their country.

A change to the existing EU rules for Brits would most likely be dependent on a reciprocal arrangement, and Boris now has (or believes he has) a mandate to stop these Johnny foreigners coming into the UK and contributing to our economy.

I sincerely hope that some sort of extended stay visa for people who own property in the EU will be forthcoming, but I for one am working on the principal that as of next year we will be restricted to 90 days out of a rolling 180 in the EU+ zone.

Pete.

Re: 90 day rule for staying in Spain as a non resident

PostPosted: Sun Feb 23, 2020 8:06 pm
by Anniep
As a resident here, does the same 90 day in 180 apply?
Out of curiosity how, if you travelled round the eu, would the authorities know you had left Spain for more than 90 days? There are no borders, in EU countries?

Re: 90 day rule for staying in Spain as a non resident

PostPosted: Sun Feb 23, 2020 11:02 pm
by marcliff
Anniep wrote:As a resident here, does the same 90 day in 180 apply?
Out of curiosity how, if you travelled round the eu, would the authorities know you had left Spain for more than 90 days? There are no borders, in EU countries?



If you are a resident it doesn't count. The point about being a resident is that you are here (in the EU) for all time. As a Spanish resident who will probably get a TIE (foreigner's ID card) which you can use to prove you are EU resident anywhere in the EU.

Re: 90 day rule for staying in Spain as a non resident

PostPosted: Mon Feb 24, 2020 6:10 am
by mondo
Philipb1407 wrote:During the period January 1-31December 2020 negotiations on a trade deal and the future relationship that the EU has with GB will take place, rules appertaining to length of stay for non residents or visitors will be agreed, until then carry on as normal, Spain is a very poor country it needs people who buy holiday villas and apartments and come here to spend wads of cash, it will NOT cut its nose off to spite its face. If it did it would lose tens of thousands of wealthy brits and many other nationalities who like to spend months at a time spending their hard worked for cash here on the coasts and villages of that beautiful country called Espana.
Of course if you want to work, live and become a full time resident, run a business, use schools, hospitals and receive the countries benefits, then new rules will apply to British citizens, similar to if not identical to those that apply to non-EU citizens. So stop panicking, enjoy your life, come and go from your spanish villa, house, flat, farm or what ever you own or rent and wait until everything is agreed.
It is likely that GB will be able to come and go freely as long as they are not accessing the services reserved for EU citizens. It is likely that a agreement will be put in place to access each other’s NHS services and various other agreements that benefit those who spend money in Spain..



That's the logical scenario...

But what in the Brexit mess has ever been logical?.. you can't put logic, Brexit and politics together..

..