Talk Quesada forum

The 90/180 rule for non-EU citizens is seriously affecting our plans to spend our winters in Spain. We'd be renters obviously, not property purchasers.
I'd love to think that there was a 'work around' to allow greater flexibility!
If we want to spend January to March in Spain, we cannot then go on a weekend to Paris, say, until mid-June. Or, no trips to Prague in the autumn if we want to come to Spain in January.

We've explored the 'non-lucrative visa' option, but being in our 70s means it'll be a lot of 'faff' and pretending that we intend to become residents.
I can appreciate that Spain doesn't want medium-term non-residents who don't contribute to the local or national taxes but is there an answer out there? If we stayed in a hotel, the hotel then pays in to the tax system, for us, from their profits.

FYI I believe the UK allows EU citizens 180 continuous days.

I don't remember hearing anything about this prior to the decision on Brexit.

There were many articles and warnings about stays in the EU prior to Brexit. It was known about for years before we finally left. The BBC came out with a rather long article on how people would be affected back in 2019 as did many newspapers.

No, as discussed on here many times, there is no way round it. Even if you "pretended" to be residents with a non lucrative visa, once you are out of Spain for 6 months in one year or one year in the first 5 years then your visa lapses. Your passport now being stamped and recorded will show this and if you stay more than 6 months in a year you would become tax resident in Spain.

Yes, the UK allows EU citizens (and many others) 180 continuous days but it's always been the same for the EU for countries not in the EU/EEA being limited to 90 in 180 days. In fact, it was the rule before Brexit as well but with no passport checks it was never adhered to. Many other countries not in the EU limit the time you can stay for 90 days as well.

Just 90 days in 180 now and that includes all stays anywhere in the EU.

Don’t forget it’s a rolling 90 days, it doesn’t necessarily mean that once you leave the EU you can’t come back for 90 days

Nothing at all stopping you from spending the first 10 weeks of the year (Jan/Feb/March) in Spain, then say travelling to Paris for Easter weekend and a week in Prague in May. A week in Rome in June and then back to Spain in mid July.
Handy calculator below

Lynn

https://www.schengenvisainfo.com/visa-calculator/

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Graham_Lynn wrote:Don’t forget it’s a rolling 90 days, it doesn’t necessarily mean that once you leave the EU you can’t come back for 90 days

Nothing at all stopping you from spending the first 10 weeks of the year (Jan/Feb/March) in Spain, then say travelling to Paris for Easter weekend and a week in Prague in May. A week in Rome in June and then back to Spain in mid July.
Handy calculator below

Lynn

https://www.schengenvisainfo.com/visa-calculator/

I don't know what you are putting into the calculator but your statement is totally wrong . . . . its a rolling 180 days, not a rolling 90 days for a start . . . the Rule covers the whole of the Shengen area of the EU, not just a single country so you cant go anywhere else in that part of the EU once youv'e spent 90 days in Spain (doesnt apply to Malta/Cyprus etc. as they are not in Shengen) so definitely NOT France, Italy or Prague . . .
In your example if you spend Jan-March in Spain you cant go to anywhere in Schengen EU again until start of July when your first days in January start dropping off your allowance . . .

What they can currently do to track you remains unclear and its up to the country that catches you to decide what the punishment will be, either fines or banning orders or both if you read the Schengen rules . . .

Babu wrote:

Graham_Lynn wrote:Don’t forget it’s a rolling 90 days, it doesn’t necessarily mean that once you leave the EU you can’t come back for 90 days

Nothing at all stopping you from spending the first 10 weeks of the year (Jan/Feb/March) in Spain, then say travelling to Paris for Easter weekend and a week in Prague in May. A week in Rome in June and then back to Spain in mid July.
Handy calculator below

Lynn

https://www.schengenvisainfo.com/visa-calculator/

I don't know what you are putting into the calculator but your statement is totally wrong . . . . its a rolling 180 days, not a rolling 90 days for a start . . . the Rule covers the whole of the Shengen area of the EU, not just a single country so you cant go anywhere else in that part of the EU once youv'e spent 90 days in Spain (doesnt apply to Malta/Cyprus etc. as they are not in Shengen) so definitely NOT France, Italy or Prague . . .
In your example if you spend Jan-March in Spain you cant go to anywhere in Schengen EU again until start of July when your first days in January start dropping off your allowance . . .

What they can currently do to track you remains unclear and its up to the country that catches you to decide what the punishment will be, either fines or banning orders or both if you read the Schengen rules . . .

Apart from the slip of the finger at the start, Lynn's example is perfectly possible.

Paul Uden wrote:
Apart from the slip of the finger at the start, Lynn's example is perfectly possible.

Oops yes sorry yes I should have put rolling 180 days, but by using the Schengen calculator it is quite amazing how much holiday time you can spend in the EU and stay within the limit

Lynn

Thanks for everyone's input.
We'd used the calculator to check our understanding was correct - and we understood the situation.
Somehow with the Brexit discussion about Erasmus, European Court of Justice, 'equivalence' for the City. land border in Ireland etc etc etc the simple 'no stay in Spain for longer than 90 days' had slipped under our Radar!
But we're coming next week for a few weeks and again in January.

Hi All,

Does anyone know if this is being enforced and what the penalty would be if broken by 5 days ?

My example, in Spain 1st October 21 to 6th November 21 (35 days) and in Spain 27th January 22 to 28th March 22 (60 days).

On entry on 1st October passport was stamped but not scanned....

Any thoughts appreciated....

DesW wrote:Hi All,

Does anyone know if this is being enforced and what the penalty would be if broken by 5 days ?

My example, in Spain 1st October 21 to 6th November 21 (35 days) and in Spain 27th January 22 to 28th March 22 (60 days).

On entry on 1st October passport was stamped but not scanned....

Any thoughts appreciated....

First of all it's best to use the Schengen calculator to plan your trips because that is 98 days not 95. As for penalties, thousands of people are turned away at the airports every year when they try to re-enter Spain after exceeding the 90 day limit. Other than that I don't have any more facts. Personally I would be changing my flights to comply with the rules rather than risking it.