90 day limit on uk travel - Page 2

Within the next 12 months or so, Spain along with other EU member states will permit entry and exit only through electronic gates. If you have exceeded your 90 days the gates will not open to allow entry so you have to go back from whence you came or report to the police who will put you on the next flight or whatever form of transport you came on. If you are leaving having exceeded your stay, the police will have to operate the gate, having taken whatever action they decide. The same will happen if you try to enter another EU country within the period.

Thanks Malcolm, That's the grim reality I'm sorry to say.

You would be silly to find out ...

I wonder how many will use there dual nationally passports , Irish /uk. .. so many that I know now have dual passports Irish and uk .. I wonder what happens to them if they over stay ?

If Irish passports are used, let's hope any overstay will be ignored by our Spaniard EU Compadres 😉

I’m gutted , my phone was I need of replacing so went into Eastbourne 02 . While their switching phone to new one I missed 2 calls from Dublin passport office . I’ve been waiting for a response to my application for Irish passport for months . I know there is a big backlog with COVID and workload . I’ve tried to call back but again due to COVID they are not receiving calls . I’ve work to do outside on the farm but not leaving this phone again today . Grrrr 

Someone went 8 days over their 90 days and were fined 350€....

I think I’ve read somewhere that each EU country can decide if it wants to actually implement the 90 day rule or not?

Not sure where you read that, but it is utterly, totally, completely 100% wrong.

90 days is the standard amount of time a tourist can spend in a country without extending a visa by some means - UK is the same (except for business stays and even then its restricted to 6 months and the person cannot appear to have "taken residence").

That aside, the 90 days in any 180 day period is set not by individual countries, but by the Schengen Treaty, of which 26 nations are signatories.  Those nations can not decide unilaterally whether to implement 90 days or not - by signing the Schengen treaty they agreed to implement this.  The Schengen treaty allows for borderless movement within the 26 nations that have signed up to it, i.e. no passports.  This is why, despite being an EU member, passports had to be shown entering / exiting UK from / to EU - because UK wasn't a Schengen country.

This is also why its not a matter of Spain "negotiating" a new agreement with UK for longer than 90 days.  Spain is bound by the Schengen treaty.  An agreement such as that would by necessity introduce a hard border with France / Portugal (and newest Schengen member, Gibraltar) because you can't have someone staying legally longer than 90 days in one country, then moving across the border to say France where they would immediately be in breach of the Schengen ruling of 90 in 180 - the only way around would be for Spain to remove itself from the Schengen Treaty and negotiate new treaties with its neighbours, or for ALL 26 Schengen Nations to agree on extended stay for UK passport holders.  Neither of those is happening.

Before anyone mentions New Zealand, yes, New Zealanders are not bound by Schengen rules, in that they can spend time in Spain and then immediately move to France, then Germany etc etc.  This is because New Zealand negotiated those treaties with individual countries before the Schengen Treaty came into effect and so those original treaties are still honoured .... HOWEVER even New Zealanders are still limited to a 90 day stay in any of the signatory countries.

I’m amazed that after all the discussion regarding this matter there are still people that are unaware of what you say Dario. You must be fed up trying to get this point across (I know I am). Perhaps you should prepare a text and just copy and paste it every time someone comes up with words like ‘compromise’ and ‘reciprocal’.  Keep it up.