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Over staying 90 days

Posted: Thu May 11, 2023 11:49am
24 replies968 views9 members subscribed
Mike57

Posts: 28

10 helpful points

Location: Vera Playa

Joined: 18 Jan 2022

Hi has anyone over stayed the 90 days and what are the consequences? It will be from Almeria airport

DarioMartin

Posted: Thu May 11, 2023 8:29pm

DarioMartin

Legendary helpful member

Posts: 5342

6309 helpful points

Location: Vera

Joined: 16 Aug 2017

Posted: Thu May 11, 2023 8:29pm

You *might* get away with it, you’ll more likely get a fine … depends how carefully they check; also depends on how long the overstay is

Of greater concern would be the inevitable “overstay” stamp in the passport which may hinder re-entry to the Schengen in the future - if nothing else it will certainly lead to much closer scrutiny.

truenudisttoo

Posted: Thu May 11, 2023 9:45pm

truenudisttoo

Helpful member

Posts: 137

145 helpful points

Location: Turre

Joined: 9 Apr 2023

Posted: Thu May 11, 2023 9:45pm

Dario is right and you might get a very unpleasant grilling in a private room. 

I dont know how much time you've got before the flight but a trip down to the oficina de extranjería might be a good idea to see if you could get an extension stamp. Its worth a try. 

Wear a mask and tell them you've been laid up with Covid! They'll want you out of the country pronto! ;-)

chrisso50

Posted: Sat May 13, 2023 1:18am

chrisso50

Super helpful member

Posts: 1106

1334 helpful points

Location: Roquetas de Mar

Joined: 23 Jul 2018

Posted: Sat May 13, 2023 1:18am

Mike57 wrote on Thu May 11, 2023 11:49am:

Hi has anyone over stayed the 90 days and what are the consequences? It will be from Almeria airport

  • Deportation.
  • Hefty fine.
  • At least a two year ban against a return to any part of the EU.

What’s to worry about?

Chris

truenudisttoo

Posted: Sat May 13, 2023 9:14pm

truenudisttoo

Helpful member

Posts: 137

145 helpful points

Location: Turre

Joined: 9 Apr 2023

Posted: Sat May 13, 2023 9:14pm

So here's a thing. 

I went back to UK last weekend. When I went through immigration in the airport before boarding the plane they looked at my passport and electronically scanned my TIE card. I am presuming that that registered me as leaving Spain. When I returned to the same airport 3 days later from UK I presented my UK passport and TIE card. The Spanish immigration official just waved me through without scanning the TIE and barely looking at any of it. ( It was late at night and perhaps he was tired ). My point is am I still 'electronically' out of the country? 

I have a feeling this has happened to me before although I can't be certain. 

I know ETIAS has been delayed but even so it seems very lax. 

The TIE has conditions about the amount of time you can leave the country before your residency becomes invalid- terminated. But if they are not logging when you come and go how do they know? It seems to me they (Spainsh immigration) are not really bothered how long you have been away as long as you have authority to reside in Spain. 

And whilst I hear what you say Chrisso it does seem a little hit and miss. And I can see how if they stamp your passport 'overstayed' one could have a problem. 

Anyone else experienced similar? 

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chrisso50

Posted: Sun May 14, 2023 12:25am

chrisso50

Super helpful member

Posts: 1106

1334 helpful points

Location: Roquetas de Mar

Joined: 23 Jul 2018

Posted: Sun May 14, 2023 12:25am

truenudisttoo wrote on Sat May 13, 2023 9:14pm:

So here's a thing. 

I went back to UK last weekend. When I went through immigration in the airport before boarding the plane they looked at my passport and electronically scanned my TIE card. I am presuming that that registered me as leaving Spain. When I returned to the same airport 3 days later from UK I presented...

... my UK passport and TIE card. The Spanish immigration official just waved me through without scanning the TIE and barely looking at any of it. ( It was late at night and perhaps he was tired ). My point is am I still 'electronically' out of the country? 

I have a feeling this has happened to me before although I can't be certain. 

I know ETIAS has been delayed but even so it seems very lax. 

The TIE has conditions about the amount of time you can leave the country before your residency becomes invalid- terminated. But if they are not logging when you come and go how do they know? It seems to me they (Spainsh immigration) are not really bothered how long you have been away as long as you have authority to reside in Spain. 

And whilst I hear what you say Chrisso it does seem a little hit and miss. And I can see how if they stamp your passport 'overstayed' one could have a problem. 

Anyone else experienced similar? 

When you fly you check in first - usually electronically. Your passport and other relevant data is recorded and transmitted. All the rest: physical checks by border control for example, is just routine/going through the motions. I have had my TIE placed in a card reader, af other times it was waved through. I have had my passport requested and even stamped, at other times it’s not even been requested so it went unseen. The whys and wherefores are not worth worrying about. But overstaying - if I was a visitor - certainly is.

Chris

truenudisttoo

Posted: Sun May 14, 2023 11:47am

truenudisttoo

Helpful member

Posts: 137

145 helpful points

Location: Turre

Joined: 9 Apr 2023

Posted: Sun May 14, 2023 11:47am

chrisso50 wrote on Sun May 14, 2023 12:25am:

When you fly you check in first - usually electronically. Your passport and other relevant data is recorded and transmitted. All the rest: physical checks by border control for example, is just routine/going through the motions. I have had my TIE placed in a card reader, af other times it was wav...

...ed through. I have had my passport requested and even stamped, at other times it’s not even been requested so it went unseen. The whys and wherefores are not worth worrying about. But overstaying - if I was a visitor - certainly is.

Chris

I agree.

AngelaP

Posted: Wed May 17, 2023 11:51am

Posts: 46

28 helpful points

Location: Almería

Joined: 13 Jan 2022

Posted: Wed May 17, 2023 11:51am

truenudisttoo wrote on Thu May 11, 2023 9:45pm:

Dario is right and you might get a very unpleasant grilling in a private room. 

I dont know how much time you've got before the flight but a trip down to the oficina de extranjería might be a good idea to see if you could get an extension stamp. Its worth a try. 

Wear a mask and tell them you've been laid up with Covid! They'll want you out of the country pronto! ;-)

I knew Covid had to be of use for something - now I know!! Brought a chuckle!!

Olivetree1

Posted: Wed May 17, 2023 9:20pm

Posts: 4

2 helpful points

Location: Vera Playa

Joined: 28 Apr 2023

Posted: Wed May 17, 2023 9:20pm

Once I have done 90 days in Spain can I not return until I have done 90 days at home in england? 

truenudisttoo

Posted: Wed May 17, 2023 9:21pm

truenudisttoo

Helpful member

Posts: 137

145 helpful points

Location: Turre

Joined: 9 Apr 2023

Posted: Wed May 17, 2023 9:21pm

Olivetree1 wrote on Wed May 17, 2023 9:20pm:

Once I have done 90 days in Spain can I not return until I have done 90 days at home in england? 

correct

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