Overstaying 90 days - Brexit and the EU: living, holidaying and moving to Mojacar - Mojacar forum - Costa de Almería forum in the Almeria province of Spain
UK DIRECT REMOVALS
ASSSA Insurance
Mini Digger Almera
Highbury TV
Firestick solutions
Grupo Platinum Estates
Have Tools Will Travel

Join the Mojacar forum

Join the Mojacar forumMy name's Alex and this is my website all about Mojacar in Spain. Register now for free to talk about Brexit and the EU: living, holidaying and moving to Mojacar and much more!

Overstaying 90 days

Posted: Wed Apr 13, 2022 3:01pm
15 replies1216 views11 members subscribed
Darshillians

Posts: 15

3 helpful points

Location: Mojacar

Joined: 27 Nov 2017

Does anyone have experience of travelling to the UK (or to another Schengen area country) after the legitimate 90 days in Spain for non-residents have passed? Any fines, other penalties?

Peterlee4

Posted: Wed Apr 13, 2022 5:43pm

Peterlee4

Helpful member

Posts: 324

228 helpful points

Location: Mojacar

Joined: 5 Oct 2017

Posted: Wed Apr 13, 2022 5:43pm

Entry and exit dates are being checked and fines are being issued along with a stamp in your passport that will prevent re-entry to any other schengen country for up to 5 years but it all depends on how vigilant the customs/security people are at your point of re-entry....

Peterlee4

Posted: Wed Apr 13, 2022 5:51pm

Peterlee4

Helpful member

Posts: 324

228 helpful points

Location: Mojacar

Joined: 5 Oct 2017

Posted: Wed Apr 13, 2022 5:51pm

Darshillians wrote on Wed Apr 13, 2022 3:01pm:

Does anyone have experience of travelling to the UK (or to another Schengen area country) after the legitimate 90 days in Spain for non-residents have passed? Any fines, other penalties?

If of course you are resident then show your residency or TIE card at both exit and entry point in Spain and your passport will/should not be date stamped....

Darshillians

Posted: Thu Apr 14, 2022 2:16pm

Darshillians

Original Poster

Posts: 15

3 helpful points

Location: Mojacar

Joined: 27 Nov 2017

Posted: Thu Apr 14, 2022 2:16pm

Peterlee4 wrote on Wed Apr 13, 2022 5:43pm:

Entry and exit dates are being checked and fines are being issued along with a stamp in your passport that will prevent re-entry to any other schengen country for up to 5 years but it all depends on how vigilant the customs/security people are at your point of re-entry....

Thanks, you confirm what I believed to be the case regarding rules.  What I am really after are actual examples of the process being carried out and the consequences for the perpetrator, i.e how much was the fine and were there any other penalties dished out? These could be for leaving Spain or any other Schengen area country (there's practically zero information available other than general statements about how certain countries are much stricter than others).

Darrin69

Posted: Thu Apr 14, 2022 11:14pm

Darrin69

Helpful member

Posts: 167

85 helpful points

Location: Mojacar

Joined: 23 Aug 2018

Posted: Thu Apr 14, 2022 11:14pm

Try it and find out 1st hand.

DarioMartin

Posted: Fri Apr 15, 2022 8:16am

DarioMartin

Legendary helpful member

Posts: 3958

4500 helpful points

Location: Vera

Joined: 16 Aug 2017

Posted: Fri Apr 15, 2022 8:16am

Peterlee4 wrote on Wed Apr 13, 2022 5:43pm:

Entry and exit dates are being checked and fines are being issued along with a stamp in your passport that will prevent re-entry to any other schengen country for up to 5 years but it all depends on how vigilant the customs/security people are at your point of re-entry....

The Vigilance or otherwise of the people on border controls becomes moot later this year when ETIAS is introduced.  Travelers from third countries will have to electronically apply - and pay for - a “permit” (it’s not a visa, as such) to enter EU, it’s valid for 3 years and will electronically monitor through all 27 countries the entry and exit.

Once that goes live, any chance of escaping an overstay fine and ban vanish.

Several countries already have the electronic scan of the passport, and of course there is sharing of information - but at the moment it’s not every airport / seaport / third country border point (those borders that either directly adjoin a third country or that have ferry ports where ferries dock e.g. Santander / Calais etc) that has the electronic scan system.

That changes when ETIAS goes live later this year.  At that point, those that overstay will be caught.  Not “might”, “may” or “could”.  Will.  

Anyone who considers chancing it now is a bit daft anyway … yes, they might get away with it depending on entry / exit point … but whilst I hate to point it out, England isn’t exactly flavour of the month with the EU at the moment and UK passports are being scrutinized … get caught overstaying and the least you can expect is a fine - starting around the 600€ mark if I recall.  The ban (if applied) then bans you from the entire Schengen, not just the country you overstayed in.  If no ban is applied, you do still definitely get an “overstay” stamp in your passport, which whilst not a ban, may make it problematic to re-enter any Schengen country.  Each being a Sovereign nation, they can simply turn you away on arrival, with no explanation other than “entry refused”

Darshillians

Posted: Fri Apr 15, 2022 9:28am

Darshillians

Original Poster

Posts: 15

3 helpful points

Location: Mojacar

Joined: 27 Nov 2017

Posted: Fri Apr 15, 2022 9:28am

DarioMartin wrote on Fri Apr 15, 2022 8:16am:

The Vigilance or otherwise of the people on border controls becomes moot later this year when ETIAS is introduced.  Travelers from third countries will have to electronically apply - and pay for - a “permit” (it’s not a visa, as such) to enter EU, it’s valid for 3 years and will elec...

...tronically monitor through all 27 countries the entry and exit.

Once that goes live, any chance of escaping an overstay fine and ban vanish.

Several countries already have the electronic scan of the passport, and of course there is sharing of information - but at the moment it’s not every airport / seaport / third country border point (those borders that either directly adjoin a third country or that have ferry ports where ferries dock e.g. Santander / Calais etc) that has the electronic scan system.

That changes when ETIAS goes live later this year.  At that point, those that overstay will be caught.  Not “might”, “may” or “could”.  Will.  

Anyone who considers chancing it now is a bit daft anyway … yes, they might get away with it depending on entry / exit point … but whilst I hate to point it out, England isn’t exactly flavour of the month with the EU at the moment and UK passports are being scrutinized … get caught overstaying and the least you can expect is a fine - starting around the 600€ mark if I recall.  The ban (if applied) then bans you from the entire Schengen, not just the country you overstayed in.  If no ban is applied, you do still definitely get an “overstay” stamp in your passport, which whilst not a ban, may make it problematic to re-enter any Schengen country.  Each being a Sovereign nation, they can simply turn you away on arrival, with no explanation other than “entry refused”

Thank you DarioMartin, a most helpful reply with an indication of the likely fine, starting at 600 Euros. My enquiry stems from an oversight on my part, namely that after spending 88 days in Spain I had booked a 7-day stay on a Greek island a fortnight later. The views of several friends, friends contacts etc. were that the chances of an overstay being logged and then dealt with by the Greek authorities  on a laid back, quiet island were very small. I have, however, changed my plans and will go instead to Bulgaria (it's all about bird watching) which isn't in the Schengen area.

The ETIAS development has been noted.

Alicia 11

Posted: Fri Apr 15, 2022 9:31am

Alicia 11

Super helpful member

Posts: 1454

1229 helpful points

Location: Mojacar

Joined: 30 Sep 2019

Posted: Fri Apr 15, 2022 9:31am

anyone who now has got to the point of overstaying their allowed period of time can't plead ignorance of the laws.  it is amazing how many people put their heads in the sand and hoped they wouldn't need to register as residents pay their taxes and change their driving licences even though that has always been the rule.

in the Euro Weekly News this week a letter from someone moaning they have been here for 15 years and have been refused residency on their income being insufficient!  why didn't they become resident when they should have?  the programmes on life in Spain don't help Bargain Loving Brits, Sun,Sea and Selling Houses and Place in the Sun still give out the impression that you can just up sticks and move to Spain to live just because you want to. 

L181SKY

Posted: Mon Apr 18, 2022 9:46pm

L181SKY

Very helpful member

Posts: 762

500 helpful points

Location: Mojacar

Joined: 24 Jan 2017

Posted: Mon Apr 18, 2022 9:46pm

Alicia 11 wrote on Fri Apr 15, 2022 9:31am:

anyone who now has got to the point of overstaying their allowed period of time can't plead ignorance of the laws.  it is amazing how many people put their heads in the sand and hoped they wouldn't need to register as residents pay their taxes and change their driving licences even though th...

...at has always been the rule.

in the Euro Weekly News this week a letter from someone moaning they have been here for 15 years and have been refused residency on their income being insufficient!  why didn't they become resident when they should have?  the programmes on life in Spain don't help Bargain Loving Brits, Sun,Sea and Selling Houses and Place in the Sun still give out the impression that you can just up sticks and move to Spain to live just because you want to. 

No intention of either overstaying or becoming resident , it makes me laugh that most of the people who Did become resident wouldn’t even pass the theory driving test right now. 

Alicia 11

Posted: Tue Apr 19, 2022 7:14pm

Alicia 11

Super helpful member

Posts: 1454

1229 helpful points

Location: Mojacar

Joined: 30 Sep 2019

Posted: Tue Apr 19, 2022 7:14pm

L181SKY wrote on Mon Apr 18, 2022 9:46pm:

No intention of either overstaying or becoming resident , it makes me laugh that most of the people who Did become resident wouldn’t even pass the theory driving test right now. 

to be fair L181SKY most drivers would fail the written side of the test now whether it's in English or Spanish and as for the driving skills or lack of well enough said!  Hope you are having an enjoyable stay now you have got here safely after your adventure in Burgos.

Sign up for free or login to reply to this topic

Want to reply to this topic? Login or register for free to post your message:

Find more Brexit and the EU topics from a particular area:


Register for free!

Login to your account

Mini Digger Almera
ASSSA Insurance
UK DIRECT REMOVALS
Grupo Platinum Estates
Firestick solutions
Highbury TV
Have Tools Will Travel
Advertise your business here
Advertise your property
Help with my computer