Length of stay - Page 2

Hi Jimh

In reality the 90 days is only likely to be an issue if you do something that trips a switch. It is unlikely to affect any law abiding person. Otherwise, as Johnny Cash would say, they'd have to put half the town in jail.

In saying this, I am assuming you have an EU passport or would qualify for one.  

Many people who regularly cross the border to France or Portugal keep the receipt for anything purchased, whether a café au lait or fuel for the car - or pay using a credit card which will show the merchant's name.

As far as I know, and I am open to correction, it is up to the authorities to demonstrate that you outstayed without good reason.  I understand the EU governments are keen to come to an agreement with the UK. 

If you are a UK passport holder and UK Prime Minister Boris Johnson carries out his threat to walk away if there is not enough progress on a deal, then the situation will be different and difficult for UK people who have lived in the EU for many years (also for EU people living in the UK). This concerns some 3 million people in total, so a lot is at stake. 

Hi Kathy2017.

During the last French air traffic strike, several flights were diverted out west of French airspace, or east towards Germany and then south over Switzerland and Italy. This caused many knock-on delays as you can imagine. 

Obviously many airlines will cancel or reschedule flights if people have been discouraged by the possibility of French action and/or corona virus. 

If this happens you are entitled to your money back, or to be placed on the next available flight going to where you wanted to go. If you accept the alternative flight you are entitled to compensation depending on the length of the flight and how long you are delayed. 

However if the airline can show that the cancellation or reschedule was caused by circumstances outside their reasonable control (such as air traffic issues or bad weather), you should read your travel insurance policy to check your coverage as you may not be covered. This applies especially if the traveller could have and should have known about the issue at time of booking the tickets. Good luck!

I live in Ireland and I am in the process of Applying for an Irish passport as I am a UK citizen - my wife has an Irish passport 

How would they know? True, there is no active land border between France and Spain or between Spain and Portugal. But spot checks are carried out either side - we observed two cars pulled in in Spain a few miles short of the border last year. The border checks are nowadays quite sophisticated and will check where you have been staying previously, including banking checks. So it’s quite possible to stay longer than 90 days but it’s a risk, with heavy fines levied if you are just one day over the 90 limit.Not worth the risk.

There is no evidence that the Spanish police want to make life difficult for Brits. However the sabre-rattling from London plus the difficult position of Gibraltar which Spain claims as her territory, combine to make it a needless risk - if you are British - to stay more than 90 days and fail to seek legal residence.

Chris

I hopefully will have an Irish passport and my wife already has. I intend to also have a property in Ireland and maintain Irish citizenship. I don’t intend to use a Spanish bank other than for paying utilities and my initial house purchase- although I won’t be there permanently I intend to spend the majority of my time in Spain and the place in Ireland will be mainly for my son’s use

Just a little point, maybe it's  a bit silly but I thought that when the guys checked my passport at Almeria airport they could tell when I had last been there etc.,  although I had never any problems, maybe because I had been staying just  few weeks at a time.

Regards Kathleen 

Kathy

The passport and border control people in all European countries check passports electronically - and share the data with each other. They know who is where, when they left and when they arrived, etc. That is not a problem as long as you stay less than 90 days in Spain each time you visit.

But in 2021 the wheels come off! Not only will the Transition period be over by January, ETIAS comes in. ETIAS covers Schengen countries and non Schengen citizens will find they can only stay 90 days in EU countries in any 180 days. Once the visitor has completed 90 days across all EU countries they will have to be outside of Ffestiniog Schengen area for 9” days before they can return. This will be strictly managed at the point of entry and even before - those booking flights will be checked several days before the flight leaves to ensure that they have not already met the 90 days limit. 

You may be OK though! As you have an Irish passport and Ireland is in Schengen. Those visitors to Spain with U.K. passports and with properties here that they like to spend more than 99 days in at a time will not be so lucky. They will face restrictions, manageable but still restrictions.

Chris