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
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
Posted: Sat Jul 18, 2020 8:43pm
Legendary helpful member
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
Read more...
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.
Posted: Sat Jul 18, 2020 8:46pm
Super helpful member
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
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...
Read more...
...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.
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
Advertisement - posts continue below
Posted: Wed Jul 22, 2020 1:13pm
Legendary helpful member
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
Read more...
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 ....
Posted: Wed Jul 22, 2020 4:24pm
Thank you
Posted: Thu Jul 23, 2020 3:47pm
Super helpful member
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
Posted: Thu Jul 23, 2020 4:03pm
Legendary helpful member
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.
Read more...
...>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
Posted: Thu Jul 23, 2020 4:08pm
Thanks Chris, bit annoying, but in the scheme of this, just another thing to remember
Find more Brexit and the EU topics from a particular area:
Or view all Brexit and the EU topics in all of Costa de Almería.