Long term rental pre and post brexit. - Brexit and the EU: living, holidaying and moving to Mojacar - Mojacar forum - Costa de Almería forum in the Almeria province of Spain
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Long term rental pre and post brexit.

Posted: Sat Jul 18, 2020 12:23pm
16 replies448 views5 members subscribed
JensonJacques7

Posts: 19

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Location: Mojacar

Joined: 16 Mar 2020

Can anyone tell me if you can stay for 90 days just prior to 31 December and then 90 days after, does the period restart on 1st of January.

Thanks

Nick

DarioMartin

Posted: Sat Jul 18, 2020 8:43pm

DarioMartin

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Posts: 5377

6398 helpful points

Location: Vera

Joined: 16 Aug 2017

Posted: Sat Jul 18, 2020 8:43pm

JensonJacques7 wrote on Sat Jul 18, 2020 12:23pm:

Can anyone tell me if you can stay for 90 days just prior to 31 December and then 90 days after, does the period restart on 1st of January.

Thanks

Nick

There is a misconception that 90 days in 180 starts after Brexit - this is an EU wide ruling applying to the Schengen area since around 2012 and is a rolling 90 days in any 180 day period.  It doesn’t “reset” at a particular point in the year.  So irrespective of when you arrive, without residence, once you have reached 90 days, you are obliged to leave the Schengen area for 90 days before returning.

chrisso50

Posted: Sat Jul 18, 2020 8:46pm

chrisso50

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Location: Roquetas de Mar

Joined: 23 Jul 2018

Posted: Sat Jul 18, 2020 8:46pm

No, the max 90 days is an existing restriction for visitors, just never enforced in Spain. When in Spain you need to register for residency if you are staying more than 90 days but tourists have often overstayed without penalty. But from 1 Jan that will not be the case. Passport and other data checks mean that your date of entry is already logged and after 1 January it will be noted that you have overstayed. Aside from the risk of fines, there is the potential refusal to allow anyone in breach to return. 

If you arrive 90 days before 31 December, you need to leave by then and then return at the end of March for a further 90 days.

Chris

JensonJacques7

Posted: Sun Jul 19, 2020 11:10am

JensonJacques7

Original Poster

Posts: 19

4 helpful points

Location: Mojacar

Joined: 16 Mar 2020

Posted: Sun Jul 19, 2020 11:10am

chrisso50 wrote on Sat Jul 18, 2020 8:46pm:

No, the max 90 days is an existing restriction for visitors, just never enforced in Spain. When in Spain you need to register for residency if you are staying more than 90 days but tourists have often overstayed without penalty. But from 1 Jan that will not be the case. Passport and other data ch...

...ecks mean that your date of entry is already logged and after 1 January it will be noted that you have overstayed. Aside from the risk of fines, there is the potential refusal to allow anyone in breach to return. 

If you arrive 90 days before 31 December, you need to leave by then and then return at the end of March for a further 90 days.

Chris

Thanks Chris.

MJ

Posted: Wed Jul 22, 2020 1:04pm

MJ

Posts: 12

Location: Velez-Rubio

Joined: 11 Jul 2020

Posted: Wed Jul 22, 2020 1:04pm

How does it work if you want to do two months at a time? 2 months stay leave for 2 months and return etc?

Thanks

MJ

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DarioMartin

Posted: Wed Jul 22, 2020 1:13pm

DarioMartin

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Posts: 5377

6398 helpful points

Location: Vera

Joined: 16 Aug 2017

Posted: Wed Jul 22, 2020 1:13pm

MJ wrote on Wed Jul 22, 2020 1:04pm:

How does it work if you want to do two months at a time? 2 months stay leave for 2 months and return etc?

Thanks

MJ

If you don’t have residency, then you’d be advised to use the Schengen calculator(s) that are online.  As you know it’s any 90 days in a rolling 180 day period .... how 2 months here, 2 months out of Schengen would be calculated, I’m really not certain ....

MJ

Posted: Wed Jul 22, 2020 4:24pm

MJ

Posts: 12

Location: Velez-Rubio

Joined: 11 Jul 2020

Posted: Wed Jul 22, 2020 4:24pm

Thank you

chrisso50

Posted: Thu Jul 23, 2020 3:47pm

chrisso50

Super helpful member

Posts: 1111

1342 helpful points

Location: Roquetas de Mar

Joined: 23 Jul 2018

Posted: Thu Jul 23, 2020 3:47pm

DarioMartin wrote on Wed Jul 22, 2020 1:13pm:

If you don’t have residency, then you’d be advised to use the Schengen calculator(s) that are online.  As you know it’s any 90 days in a rolling 180 day period .... how 2 months here, 2 months out of Schengen would be calculated, I’m really not certain ....

Imagine you stay Jan & Feb, that's approx 60 days. You are then back home approx 60 days for March & April. If you return on 1 May the previous 90 days (Feb, March, April) comprise just 30 days approx stay in Spain so you might think you could stay May & June: another 60 days.

BUT in that 180 days period (1 Jan-30 June) you have actually stayed not 90 days but 4 months or 120 days so have exceeded the 90 in 180 limit.

So maybe stay Jan & Feb, then later stay June & July, then Nov & Dec, etc. Leave a 3 month gap between visits each time....

Chris

DarioMartin

Posted: Thu Jul 23, 2020 4:03pm

DarioMartin

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Posts: 5377

6398 helpful points

Location: Vera

Joined: 16 Aug 2017

Posted: Thu Jul 23, 2020 4:03pm

chrisso50 wrote on Thu Jul 23, 2020 3:47pm:

Imagine you stay Jan & Feb, that's approx 60 days. You are then back home approx 60 days for March & April. If you return on 1 May the previous 90 days (Feb, March, April) comprise just 30 days approx stay in Spain so you might think you could stay May & June: another 60 days.

...>BUT in that 180 days period (1 Jan-30 June) you have actually stayed not 90 days but 4 months or 120 days so have exceeded the 90 in 180 limit.

So maybe stay Jan & Feb, then later stay June & July, then Nov & Dec, etc. Leave a 3 month gap between visits each time....

Chris

Thanks for highlighting that Chris - I really wasn’t certain how it was calculated; I understand it now 

MJ

Posted: Thu Jul 23, 2020 4:08pm

MJ

Posts: 12

Location: Velez-Rubio

Joined: 11 Jul 2020

Posted: Thu Jul 23, 2020 4:08pm

Thanks Chris, bit annoying, but in the scheme of this, just another thing to remember 

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