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90 days outside EU?

Posted: Tue Nov 23, 2021 11:07am
4 replies217 views4 members subscribed
FrandeC

Posts: 40

16 helpful points

Location: Albox

Joined: 24 Jan 2021

I have a query from the other point of view.  We applied for Residencia back in February and were refused because the person submitting our application did not provide proof at the time that we were in Spain before 31st Dec 2020.  Our appeal was submitted in August and we were told it would take 3 months, to date there has been no response.  We took the opportunity to return home for a few months as COVID restrictions had been lifted sufficiently and are booked to return to Spain on 2nd December.  My point therefore is that we will have been out of Spain for 88 days and now we are worried that we should not return until after 90 days.  Would it be helpful to bring copies of our applications through with us or should we just change the flight for a later date.  Can anyone advise please?

DarioMartin

Posted: Tue Nov 23, 2021 8:31pm

DarioMartin

Legendary helpful member

Posts: 5400

6443 helpful points

Location: Vera

Joined: 16 Aug 2017

Posted: Tue Nov 23, 2021 8:31pm

You SHOULD be ok, as an application for Residencia / appeal “stops the clock” on the 90/180 count.

Darrin69

Posted: Tue Nov 23, 2021 8:31pm

Darrin69

Helpful member

Posts: 291

178 helpful points

Location: Mojacar

Joined: 23 Aug 2018

Posted: Tue Nov 23, 2021 8:31pm

Bring as much proof back as possible if I was you.

FrandeC

Posted: Wed Nov 24, 2021 11:49am

FrandeC

Original Poster

Posts: 40

16 helpful points

Location: Albox

Joined: 24 Jan 2021

Posted: Wed Nov 24, 2021 11:49am

Darrin69 wrote on Tue Nov 23, 2021 8:31pm:

Bring as much proof back as possible if I was you.

Thank you very much for both replies   I chickened out and changed the flights. So now we have a full 90 clear days.

ed68

Posted: Mon Nov 29, 2021 11:55am

Posts: 26

19 helpful points

Location: Mojacar

Joined: 17 Jan 2020

Posted: Mon Nov 29, 2021 11:55am

FrandeC wrote on Tue Nov 23, 2021 11:07am:

I have a query from the other point of view.  We applied for Residencia back in February and were refused because the person submitting our application did not provide proof at the time that we were in Spain before 31st Dec 2020.  Our appeal was submitted in August and we were told it w...

...ould take 3 months, to date there has been no response.  We took the opportunity to return home for a few months as COVID restrictions had been lifted sufficiently and are booked to return to Spain on 2nd December.  My point therefore is that we will have been out of Spain for 88 days and now we are worried that we should not return until after 90 days.  Would it be helpful to bring copies of our applications through with us or should we just change the flight for a later date.  Can anyone advise please?

Just a general point on appeals.  I applied for residencia in 2020 using my Irish passort which caused them a certain amount of consternation because my NIE had my UK passport number.  So from then on the application seemed jinxed.  Eventually they refused on the basis that I didn't have health cover even though I submitted my S1 form from the UK which clearly showed I had health cover.  I wondered about an appeal, but decided the quicker route would be to submit a fresh application in the hope this would get past all the knots that seemed to exist in the first one.  Did this - cost me an extra 12EU I seem to recall, and got things through v quickly.  I'm not sure whether that is necesarily the position now, but as an ex civil servant who subsequnetly spent most of my  working life arguing cases against cetnral and local government in the UK, I suspected that appeal would cause a whole load of extra people examining the file and trying to find something they could say was my fault.  It may not be possible to submit a new applicaiton if you have already lodged an appeal but it might be worth checking out.

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