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Staying in mojacar longer than intended

Posted: Tue Apr 14, 2020 10:45am
9 replies457 views7 members subscribed
Lesleymeadows

Posts: 20

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Location: Mojacar

Joined: 22 Nov 2019

We are hoping someone can offer advice. We arrived in Mojacar on March 5th intending to stay until the last week in May having rented accommodation and having a return ferry booked for 27th from Bilbao. When the lockdown began we rightly or wrongly decided to stay. Our problem is that although restrictions may gradually be lifted if worse comes to worse and we can't get a ferry and have to stay a week or 2 more although our rental cam be extendef we will be in Spain for more than 90 days. Will we have to apply for residence?. TIA x

Matthew

Posted: Tue Apr 14, 2020 11:17am

Matthew

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Joined: 16 May 2018

Posted: Tue Apr 14, 2020 11:17am

Hi Lesley,

We are in unchartered waters and I reckon even the Spanish red tape system will make allowances for your overstay of two weeks. I think you'd be wasting much time and money chasing a residencia. Also, I hope your landlord is sympathetic and not screwing you with a larger (per week) rent bill. 

Fresh

Posted: Tue Apr 14, 2020 11:25am

Fresh

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Posts: 317

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Joined: 28 Apr 2018

Posted: Tue Apr 14, 2020 11:25am

I agree.  Doubt you’d be in trouble for not doing something you can’t do or is contrary to lockdown rules.  No public interest in doing so.

The FCO (assuming you’re from the UK) have a very helpful 24 hour helpline.

psy1967

Posted: Tue Apr 14, 2020 11:33am

psy1967

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Joined: 29 Jun 2016

Posted: Tue Apr 14, 2020 11:33am

I think if you don't want residency then you are fine for now because the UK is in transition until the end of the year, so UK citizens still have freedom of movement within the 27 EU countries for now.  Anyone who doesn't yet have residency and wants it needs to get a move on.  If you are in Spain for more than 90 days in a UK registered vehicle then that is potentially a problem, as in theory you should matriculate the vehicle (change to Spanish plates, involves quite a bit of admin) however with ITV suspended you probably couldn't do that at the moment even if you wanted to.

John99andrew

Posted: Tue Apr 14, 2020 11:50pm

John99andrew

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Joined: 29 Nov 2017

Posted: Tue Apr 14, 2020 11:50pm

psy1967 wrote on Tue Apr 14, 2020 11:33am:

I think if you don't want residency then you are fine for now because the UK is in transition until the end of the year, so UK citizens still have freedom of movement within the 27 EU countries for now.  Anyone who doesn't yet have residency and wants it needs to get a move on.  If you ...

...are in Spain for more than 90 days in a UK registered vehicle then that is potentially a problem, as in theory you should matriculate the vehicle (change to Spanish plates, involves quite a bit of admin) however with ITV suspended you probably couldn't do that at the moment even if you wanted to.

Regarding  residentia if you got residentia in Spain when you went back to the UK you would only be able to stay there 90 days 

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DarioMartin

Posted: Wed Apr 15, 2020 10:06pm

DarioMartin

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Joined: 16 Aug 2017

Posted: Wed Apr 15, 2020 10:06pm

John99andrew wrote on Tue Apr 14, 2020 11:50pm:

Regarding  residentia if you got residentia in Spain when you went back to the UK you would only be able to stay there 90 days 

Sorry to correct you - 182 days.  Once you have Residencia, you are obliged for the first 5 years to spend a minimum of 183 days a year in Spain.  Residencia means Spain is your primary country of residence.

However in the case if the OP, going for Residencia is pointless and unnecessary. 

John99andrew

Posted: Wed Apr 15, 2020 11:13pm

John99andrew

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Posted: Wed Apr 15, 2020 11:13pm

DarioMartin wrote on Wed Apr 15, 2020 10:06pm:

Sorry to correct you - 182 days.  Once you have Residencia, you are obliged for the first 5 years to spend a minimum of 183 days a year in Spain.  Residencia means Spain is your primary country of residence.

However in the case if the OP, going for Residencia is pointless and unnecessary. ...

...

I am talking about time you can stay in the UK if you are resident in Spain 

DarioMartin

Posted: Wed Apr 15, 2020 11:37pm

DarioMartin

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Posted: Wed Apr 15, 2020 11:37pm

John99andrew wrote on Wed Apr 15, 2020 11:13pm:

I am talking about time you can stay in the UK if you are resident in Spain 

So am I.  182 days per year for the first 5 years is the maximum amount of time you can spend outside Spain without forfeiting Residencia 

Matthew

Posted: Sun Apr 21, 2024 11:02am

Matthew

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3398 helpful points

Location: Mojacar

Joined: 16 May 2018

Posted: Sun Apr 21, 2024 11:02am

My reliable grapevine informed me that as from 1st October 2024 people overstaying their legal limit will be fined on an amount per day. I have no idea of the intended fines amount.

evad yendog

Posted: Mon Apr 22, 2024 8:10am

Posts: 40

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Location: Albox

Joined: 8 Sep 2021

Posted: Mon Apr 22, 2024 8:10am

Matthew wrote on Sun Apr 21, 2024 11:02am:

My reliable grapevine informed me that as from 1st October 2024 people overstaying their legal limit will be fined on an amount per day. I have no idea of the intended fines amount.

A friend of mine went back early this year and was told they were 1 day over the 90, she was told the amount is 189 euros per day charge. She explained that she had calculated her stay and thought she was ok, the official told her the great mistake people make is to arrive and then start counting the days, when the day you arrive is the first day to be counted. She apologised and was let off this time.

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