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Is my extended visit legal?

Posted: Sat Aug 1, 2020 2:47pm
13 replies987 views8 members subscribed
Iain7007

Posts: 2

Location: Mojacar

Joined: 9 Dec 2018

Hi I came here to pass last winter, but I’m still here. I initially rented for 5 months, from 1 November 2019, until end of April, but after Covid arrived I gladly accepted an extension until end of June. I still felt safer staying here rather than returning to the UK by campervan,  so I then rented another rural property for the peak months of July and August. ( my original property had short term holiday bookings) I’ve now been offered further extensions in my original property, initially until end of December, with options up to end of June 2021. I still feel safer here, and have no particular need to return to the UK, and I’d really prefer to stay, at least until December ( when the Brextransition period ends) and ideally until June next year, but would this be legal? Any advice gratefully received. 

Alicia 11

Posted: Sat Aug 1, 2020 5:48pm

Alicia 11

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Joined: 30 Sep 2019

Posted: Sat Aug 1, 2020 5:48pm

No not if you haven't applied for residencia as you have exceeded the period allowed after which you are a tax resident of Spain.  they may make allowances for the time you are stuck here because of Covid but not until next June.   you have to decide where you want to be a resident and pay the taxes Spain or the UK if that's where you come from of course.

truenudist

Posted: Sat Aug 1, 2020 5:52pm

truenudist

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Posts: 188

285 helpful points

Location: Mojacar

Joined: 6 May 2020

Posted: Sat Aug 1, 2020 5:52pm

Iain7007 wrote on Sat Aug 1, 2020 2:47pm:

Hi I came here to pass last winter, but I’m still here. I initially rented for 5 months, from 1 November 2019, until end of April, but after Covid arrived I gladly accepted an extension until end of June. I still felt safer staying here rather than returning to the UK by campervan,  so I t...

...hen rented another rural property for the peak months of July and August. ( my original property had short term holiday bookings) I’ve now been offered further extensions in my original property, initially until end of December, with options up to end of June 2021. I still feel safer here, and have no particular need to return to the UK, and I’d really prefer to stay, at least until December ( when the Brextransition period ends) and ideally until June next year, but would this be legal? Any advice gratefully received. 

Hi Iain

Sorry to be the bearer of bad news. Essentially, No. 

You have already exceeded the legal amount of time in Spain without Residency which is 90 days in any 180 days. You can only spend 90 days as a maximum in the Schengen area before you must return to UK.

Hope this helps,

regards,

DarioMartin

Posted: Sat Aug 1, 2020 8:58pm

DarioMartin

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Posts: 2059

2172 helpful points

Location: Vera

Joined: 16 Aug 2017

Posted: Sat Aug 1, 2020 8:58pm

Iain7007 wrote on Sat Aug 1, 2020 2:47pm:

Hi I came here to pass last winter, but I’m still here. I initially rented for 5 months, from 1 November 2019, until end of April, but after Covid arrived I gladly accepted an extension until end of June. I still felt safer staying here rather than returning to the UK by campervan,  so I t...

...hen rented another rural property for the peak months of July and August. ( my original property had short term holiday bookings) I’ve now been offered further extensions in my original property, initially until end of December, with options up to end of June 2021. I still feel safer here, and have no particular need to return to the UK, and I’d really prefer to stay, at least until December ( when the Brextransition period ends) and ideally until June next year, but would this be legal? Any advice gratefully received. 

To echo Alicia 11 and Truenudist answer to... “would it be legal?”

Hell no.  As has been pointed out, you may get some leeway for Covid - but your initial stay of November to April already put you wayyyy over the maximum amount of time allowed.  As the borders are now open and nothing is keeping you here, your choosing to remain puts you well and truly in breach of the Schengen regulations that allows a maximum of 90 days in any 180 day period.

I’d suggest either applying for Residencia / TIE (most certainly before 31/12) or quietly removing yourself from the Schengen zone and hope like hell you don’t get checked at the border ....

truenudist

Posted: Sat Aug 1, 2020 10:11pm

truenudist

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Posts: 188

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Posted: Sat Aug 1, 2020 10:11pm

DarioMartin wrote on Sat Aug 1, 2020 8:58pm:

To echo Alicia 11 and Truenudist answer to... “would it be legal?”

Hell no.  As has been pointed out, you may get some leeway for Covid - but your initial stay of November to April already put you wayyyy over the maximum amount of time allowed.  As the borders are now open and nothing is keeping you here, your choosing to remain puts you well and truly...

... in breach of the Schengen regulations that allows a maximum of 90 days in any 180 day period.

I’d suggest either applying for Residencia / TIE (most certainly before 31/12) or quietly removing yourself from the Schengen zone and hope like hell you don’t get checked at the border ....

I might add that the borders were never closed during Covid lockdown  for people returning to their home country. Feeling safer is not an excuse. 

I don’t want to labour this point but to be actually asking the question now as to whether it’s legal or not suggests that you knew right from the moment you left UK in November. You obviously knew you had a time limit. 

What absolutely astounds me, and this is not just directed at you Iain, is that people do no research into the rules and regulations about the country they are planning to visit.  It’s just plain stupidity and ignorance. It reminds me somehow of the 500,000 people currently in the U.K. that have overstayed their visa. 

Regards,

chrisso50

Posted: Sun Aug 2, 2020 12:27pm

chrisso50

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Posted: Sun Aug 2, 2020 12:27pm

Property agents will of course rent out their properties for 5 months. 6 months. It’s not their problem that the tenant is proposing to stay in it illegally beyond the 90 days. As stated the borders have never been closed for those returning home to their country, you could have returned at the end of January after the Nov- Dec- Jan period ended.

Safe journey

Chris

Lyn77

Posted: Sun Aug 2, 2020 7:35pm

Lyn77

Helpful member

Posts: 188

122 helpful points

Location: Mojacar

Joined: 25 Feb 2017

Posted: Sun Aug 2, 2020 7:35pm

From the way your name is spelt it sounds like you are Scottish.  Surely scotland isn't so badly affected as england?  You really have taken a few liberties it seems. 

Darshillians

Posted: Mon Aug 3, 2020 12:44pm

Posts: 7

Location: Mojacar

Joined: 27 Nov 2017

Posted: Mon Aug 3, 2020 12:44pm

Iain7007 wrote on Sat Aug 1, 2020 2:47pm:

Hi I came here to pass last winter, but I’m still here. I initially rented for 5 months, from 1 November 2019, until end of April, but after Covid arrived I gladly accepted an extension until end of June. I still felt safer staying here rather than returning to the UK by campervan,  so I t...

...hen rented another rural property for the peak months of July and August. ( my original property had short term holiday bookings) I’ve now been offered further extensions in my original property, initially until end of December, with options up to end of June 2021. I still feel safer here, and have no particular need to return to the UK, and I’d really prefer to stay, at least until December ( when the Brextransition period ends) and ideally until June next year, but would this be legal? Any advice gratefully received. 

We're in a similar position. The latest information we're acting on is that non-residents have a maximum stay in Spain of 90 days from June 23 (think this is the correct date, it was 20-something, we're returning well within the period of grace anyway so actual date not important for us).I

Decision time!

DarioMartin

Posted: Mon Aug 3, 2020 1:55pm

DarioMartin

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Posts: 2059

2172 helpful points

Location: Vera

Joined: 16 Aug 2017

Posted: Mon Aug 3, 2020 1:55pm

Darshillians wrote on Mon Aug 3, 2020 12:44pm:

We're in a similar position. The latest information we're acting on is that non-residents have a maximum stay in Spain of 90 days from June 23 (think this is the correct date, it was 20-something, we're returning well within the period of grace anyway so actual date not important for us).I

Decision time!...

...

Something else you may like to consider - The General Directorate of Taxes in Spain has ignored the OECD directive regarding people overstaying because of Coronavirus and states that “the days spent in Spain by a person, due to the state of alarm, will still be computed, so if they remain more than 183 days in Spanish territory in 2020, they would be considered taxpayers of personal income tax. ”

chrisso50

Posted: Mon Aug 3, 2020 7:03pm

chrisso50

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Posts: 707

709 helpful points

Location: Roquetas de Mar

Joined: 23 Jul 2018

Posted: Mon Aug 3, 2020 7:03pm

The State of Alarm ended on 21 June. As far as I know that does not mean that any 90 days period of tourist stay starts from then.

If you arrived before 13 March when Lockdown began but were unable to leave until 21 June then it would have been expected that you leave without further delay once the State of Alarm ended. 

There were rescue flights organised to the U.K. throughout the lockdown and the land borders remained open too. Many drove back to the UK through France, many took the rescue flights organised by the British Embassy.

Chris

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