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90day rule after brexit - Page 2

Jen jen

Posted: Thu Aug 27, 2020 9:54pm

Jen jen

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Posted: Thu Aug 27, 2020 9:54pm

DarioMartin wrote on Thu Aug 27, 2020 9:05pm:

Living here permanently Jen Jen, it is unlikely to be something you’ll have to worry about :-D

Me too - but I’ve been asked the question - and seen varying answers - so often now I thought I better try and get my head around it!

I'm gonna leave all that to the clevererer peeps like yourself! LOL

Sounds like the sort of thing that may cause me a migraine...

;-)

JJ

Rob20B

Posted: Sun Aug 30, 2020 5:21pm

Rob20B

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Posted: Sun Aug 30, 2020 5:21pm

Don't forget that the rules after Brexit haven't been agreed yet. It might be 90 days in a rolling 180 days - and probably will be - but it's not yet set in stone...or paella.

DarioMartin

Posted: Sun Aug 30, 2020 7:48pm

DarioMartin

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Posted: Sun Aug 30, 2020 7:48pm

Rob20B wrote on Sun Aug 30, 2020 5:21pm:

Don't forget that the rules after Brexit haven't been agreed yet. It might be 90 days in a rolling 180 days - and probably will be - but it's not yet set in stone...or paella.

Errrr... sorry to disappoint you, but yes it is.  

The Withdrawal Agreement covered movement of people, and that’s signed and agreed. The current stalled talks are trade related ONLY - future movement of people is not even being discussed.  No need to take my word for it though :

COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS

Getting ready for changes

Communication on readiness at the end of the transition period between the European Union and the United Kingdom 

II. CHANGES HAPPENING IN ANY SCENARIO

D. Travelling and tourism

Checks on persons

During the transition period, UK nationals are treated like Union citizens. Therefore, UK nationals currently benefit from freedom of movement when entering the European Union and the Schengen area.

As of 1 January 2021, UK nationals travelling to the European Union and the Schengen area will be treated as third-country nationals, and therefore subject to thorough checks at the Schengen area border. This means that intended stays on the territory of EU Member States cannot have a duration of more than 90 days in any 180-day period, and UK nationals will have to meet the entry conditions for third-country nationals. They can also no longer make use of the EU/EEA/CH lanes reserved for persons enjoying the right to free movement when crossing the border.

Visa requirements

During the transition period, UK nationals are treated like Union citizens. Therefore, they are not subject to any visa requirements in the European Union, in particular when crossing Schengen borders.

Recent EU preparedness legislative measures have ensured that, as of 1 January 2021, UK nationals will remain exempt from the requirement to be in possession of visas when crossing the European Union’s external borders for short-term stays (up to 90 days in any 180-day period). This visa exemption does not provide for the right to work in the Union and is subject to the reciprocity mechanism applying to third countries, i.e. it could be suspended if Union citizens would cease to be given visa-free access to the United Kingdom for short stays.

Visa rules will also change for certain third-country nationals residing in the UK when they travel to the Union. For example, as of 1 January 2021, UK residence documents will no longer exempt the holder from airport transit visa requirements in the Union, and school pupils residing in the United Kingdom will no longer automatically benefit from visa-free access to the Union when going on school excursions. 

https://ec.europa.eu/info/sites/info/files/brexit_files/info_site/com_2020_324_2_communication_from_commission_to_inst_en_0.pdf

Foster

Posted: Mon Aug 31, 2020 4:16pm

Foster

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Posted: Mon Aug 31, 2020 4:16pm

DarioMartin wrote on Sun Aug 30, 2020 7:48pm:

Errrr... sorry to disappoint you, but yes it is.  

The Withdrawal Agreement covered movement of people, and that’s signed and agreed. The current stalled talks are trade related ONLY - future movement of people is not even being discussed.  No need to take my word for it though :

COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS

Getting ready for changes

Communication on readiness at the end of the transition period between the European Union and the United Kingdom 

II. CHANGES HAPPENING IN ANY SCENARIO

D. Travelling and tourism

Checks on persons

During the transition period, UK nationals are treated like Union citizens. Therefore, UK nationals currently benefit from freedom of movement when entering the European Union and the Schengen area.

As of 1 January 2021, UK nationals travelling to the European Union and the Schengen area will be treated as third-country nationals, and therefore subject to thorough checks at the Schengen area border. This means that intended stays on the territory of EU Member States cannot have a duration of more than 90 days in any 180-day period, and UK nationals will have to meet the entry conditions for third-country nationals. They can also no longer make use of the EU/EEA/CH lanes reserved for persons enjoying the right to free movement when crossing the border.

Visa requirements

During the transition period, UK nationals are treated like Union citizens. Therefore, they are not subject to any visa requirements in the European Union, in particular when crossing Schengen borders.

Recent EU preparedness legislative measures have ensured that, as of 1 January 2021, UK nationals will remain exempt from the requirement to be in possession of visas when crossing the European Union’s external borders for short-term stays (up to 90 days in any 180-day period). This visa exemption does not provide for the right to work in the Union and is subject to the reciprocity mechanism applying to third countries, i.e. it could be suspended if Union citizens would cease to be given visa-free access to the United Kingdom for short stays.

Visa rules will also change for certain third-country nationals residing in the UK when they travel to the Union. For example, as of 1 January 2021, UK residence documents will no longer exempt the holder from airport transit visa requirements in the Union, and school pupils residing in the United Kingdom will no longer automatically benefit from visa-free access to the Union when going on school excursions. 

https://ec.europa.eu/info/sites/info/files/brexit_files/info_site/com_2020_324_2_communication_from_commission_to_inst_en_0.pdf

I am still unsure 😱just need to know if I have a total of 90 days in Spain between jan-July can I then have 90days from Aug or do I have to have a break of 90 days between last day in Spain during 1st 180days and start of next 180days

DarioMartin

Posted: Mon Aug 31, 2020 4:28pm

DarioMartin

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Posted: Mon Aug 31, 2020 4:28pm

Foster wrote on Mon Aug 31, 2020 4:16pm:

I am still unsure 😱just need to know if I have a total of 90 days in Spain between jan-July can I then have 90days from Aug or do I have to have a break of 90 days between last day in Spain during 1st 180days and start of next 180days

90 in 180.  Once you have done 90 days in the Schengen Zone, you must leave the Schengen Zone “for an equivalent period” i.e. 90 days

So if in the period Jan - July you rack up 90 days, you must leave and may not re-enter until you have been out of the Schengen Zone for 90 days in the 180 day period.

BUT ... as I responded definitively to you earlier in this thread, if you do 14 days a month, then YES - that is OK, because as it is a rolling 180 days, you will only ever rack up a maximum of 84 days in the rolling 180 period.

as I said, I ran a 14 days a month plan through the calculator I posted from Jan to December, and it was happy with that.

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Foster

Posted: Tue Sep 1, 2020 12:33pm

Foster

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Posted: Tue Sep 1, 2020 12:33pm

DarioMartin wrote on Mon Aug 31, 2020 4:28pm:

90 in 180.  Once you have done 90 days in the Schengen Zone, you must leave the Schengen Zone “for an equivalent period” i.e. 90 days

So if in the period Jan - July you rack up 90 days, you must leave and may not re-enter until you have been out of the Schengen Zone for 90 days in the 180 day period....

...

BUT ... as I responded definitively to you earlier in this thread, if you do 14 days a month, then YES - that is OK, because as it is a rolling 180 days, you will only ever rack up a maximum of 84 days in the rolling 180 period.

as I said, I ran a 14 days a month plan through the calculator I posted from Jan to December, and it was happy with that.

Thanks 

tony3121

Posted: Tue Sep 1, 2020 2:32pm

tony3121

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Posted: Tue Sep 1, 2020 2:32pm

There is a simple way to get the correct answer to your question:

Ask any Brexiteer, as they will always tell you they knew what they were voting for, so they would have known the answer to this question when they voted.

Mike59

Posted: Wed Sep 2, 2020 2:03pm

Posts: 22

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Joined: 8 Apr 2020

Posted: Wed Sep 2, 2020 2:03pm

I'd just like to say I have been a resident in Spain now for 4 yrs so obviously not concerned about the 90 day rule. I would just like to point out that the 90 day rule has always been in place and the Spanish border control have never enforced it as I know many people who come and go as they please for as long as they want. I daresay the odd person may have been pulled in but in the main nobody checks. What makes people think will change after the transition period as it will be the people doing the checks. 

ian948

Posted: Wed Sep 2, 2020 2:15pm

ian948

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Posted: Wed Sep 2, 2020 2:15pm

Mike59 wrote on Wed Sep 2, 2020 2:03pm:

I'd just like to say I have been a resident in Spain now for 4 yrs so obviously not concerned about the 90 day rule. I would just like to point out that the 90 day rule has always been in place and the Spanish border control have never enforced it as I know many people who come and go as they ple...

...ase for as long as they want. I daresay the odd person may have been pulled in but in the main nobody checks. What makes people think will change after the transition period as it will be the people doing the checks. 

Mike - get ready for change. As stated in the article Dario posted Brits will soon be third country nationals - a totally different situation to previous  and they WILL be checked ( Schengen rules ) .

Glad also resident so no worries :-)

DarioMartin

Posted: Wed Sep 2, 2020 3:59pm

DarioMartin

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Posted: Wed Sep 2, 2020 3:59pm

Mike59 wrote on Wed Sep 2, 2020 2:03pm:

I'd just like to say I have been a resident in Spain now for 4 yrs so obviously not concerned about the 90 day rule. I would just like to point out that the 90 day rule has always been in place and the Spanish border control have never enforced it as I know many people who come and go as they ple...

...ase for as long as they want. I daresay the odd person may have been pulled in but in the main nobody checks. What makes people think will change after the transition period as it will be the people doing the checks. 

I used to think it had always been the case ... but I learnt that I had been mistaken.  A UK national, as an EU citizen, was entitled to freedom of movement, which meant that they could live and work anywhere in Europe.

Most countries had a requirement that you register after 90 days, but failure to do so could NOT get you kicked out of the country.  As you had freedom of movement, it was an administrative fine of around 700€ only.

That, of course, now changes 1/1/21 when Schengen Visa rules for Third Country Nationals applies 

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