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Over staying 90 days - Page 2

truenudisttoo

Posted: Wed May 17, 2023 9:30pm

truenudisttoo

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Posts: 137

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Location: Turre

Joined: 9 Apr 2023

Posted: Wed May 17, 2023 9:30pm

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? 

90/180 RULE I am going insane

Try putting this in the  search bar at the top of the page. It will tell you all. 

DarioMartin

Posted: Wed May 17, 2023 9:51pm

DarioMartin

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Posted: Wed May 17, 2023 9:51pm

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? 

Simply put, once you have done 90 days in the Schengen, you must leave the Schengen for an equivalent period.

There’s a lot of advice about how to count back, but it can be confusing.  The safest method is to use or download one of the various Schengen calculators.  You put arrival and departure dates in and it will tell you how much you’ve used and how much you have left.  Particularly useful if you’ve returned to UK and want to know when you can return.

Whilst it hasn’t been raised, it still bears saying that on a UK passport, there is *NO* long stay tourist visa available.  As a tourist, 90 days is your limit.

AngelaP

Posted: Thu May 18, 2023 12:27pm

Posts: 46

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Location: Almería

Joined: 13 Jan 2022

Posted: Thu May 18, 2023 12:27pm

This post that was quoted has been deleted.

Please understand, the 90 rule applies to those countries (in the EU or not) if they are part of Schengen . It is nothing to do with the EU rules. Eg, Ireland is in the EU, but not Schengen, therefore the rules are different. Most European countries come under the Schengen rules. 

truenudisttoo

Posted: Thu May 18, 2023 12:43pm

truenudisttoo

Helpful member

Posts: 137

145 helpful points

Location: Turre

Joined: 9 Apr 2023

Posted: Thu May 18, 2023 12:43pm

This post that was quoted has been deleted.

Thats a little harsh Aggis!  

The OP just asked what happened if one over stayed the 90 days! I don't think there was any ignorance shown on his behalf about the 90 day rule. The person obviously knew they were restricted.  He/she could have found themselves in a position where it was impossible to return within the 90 days - hospitalised or some such. 

But I agree, when someone asks a new question in an existing thread it becomes confusing for everyone!

AngelaP

Posted: Thu May 18, 2023 12:55pm

Posts: 46

28 helpful points

Location: Almería

Joined: 13 Jan 2022

Posted: Thu May 18, 2023 12:55pm

truenudisttoo wrote on Thu May 18, 2023 12:43pm:

Thats a little harsh Aggis!  

The OP just asked what happened if one over stayed the 90 days! I don't think there was any ignorance shown on his behalf about the 90 day rule. The person obviously knew they were restricted.  He/she could have found themselves in a position where it was impossible to return within the 90 d...

...ays - hospitalised or some such. 

But I agree, when someone asks a new question in an existing thread it becomes confusing for everyone!

I first purchased my NIE decades ago, mistakenly thinking that once bought, it’s valid for life. Although I’ve purchased hundreds of things since then and nobody queried it, last year I needed a new contract and was informed it was out of date. Went to the Foreigner Office who reissued (same number), in my German passport details and was informed it was valid for 3 months. Ties in nicely with the 90 stay permission, doesn’t it? 

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AngelaP

Posted: Thu May 18, 2023 1:08pm

Posts: 46

28 helpful points

Location: Almería

Joined: 13 Jan 2022

Posted: Thu May 18, 2023 1:08pm

AngelaP wrote on Thu May 18, 2023 12:55pm:

I first purchased my NIE decades ago, mistakenly thinking that once bought, it’s valid for life. Although I’ve purchased hundreds of things since then and nobody queried it, last year I needed a new contract and was informed it was out of date. Went to the Foreigner Office who reissued (same ...

...number), in my German passport details and was informed it was valid for 3 months. Ties in nicely with the 90 stay permission, doesn’t it? 

Just to add a little more ….. my German friend has stayed here for slightly more than 90 days every year for many, many years. She’s never had to have her NIE reissued. If however she is detected one year of overstaying, the penalty is anything from E500 - E10,000. Quite scary, but hopefully they’d be lenient with her. BTW we’ve both owned houses here since’60’s but that makes no difference at all to the ruling. We can stay for longer by applying for a visa but that brings it’s own nightmares. Laws, perhaps lax in the past, are toughening up everywhere. Even transferring money is difficult now. I’ve been interrogated more than once by my bank as to why I need the money, whom am I paying, how long have I known them etc. My father (95), German, has had a bank account here from day 1 but is now contacted periodically to visit the bank and upload his details again - even though online his latest passport details have automatically beeuploaded. They know everything. Crazy, but there it is. You’ve got to love it!!!

DarioMartin

Posted: Thu May 18, 2023 1:24pm

DarioMartin

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Posted: Thu May 18, 2023 1:24pm

AngelaP wrote on Thu May 18, 2023 1:08pm:

Just to add a little more ….. my German friend has stayed here for slightly more than 90 days every year for many, many years. She’s never had to have her NIE reissued. If however she is detected one year of overstaying, the penalty is anything from E500 - E10,000. Quite scary, but hopefully ...

...they’d be lenient with her. BTW we’ve both owned houses here since’60’s but that makes no difference at all to the ruling. We can stay for longer by applying for a visa but that brings it’s own nightmares. Laws, perhaps lax in the past, are toughening up everywhere. Even transferring money is difficult now. I’ve been interrogated more than once by my bank as to why I need the money, whom am I paying, how long have I known them etc. My father (95), German, has had a bank account here from day 1 but is now contacted periodically to visit the bank and upload his details again - even though online his latest passport details have automatically beeuploaded. They know everything. Crazy, but there it is. You’ve got to love it!!!

1.  If your German friend stays longer than 90 days it’s an administrative offence only as she has freedom of movement; it is rarely, if ever, pursued.

2. Your NIE number is for life but the certificate it’s printed on is only valid as proof for 3 months; just like a Padrón certificate is only “valid” for 3 months.  Any documentation you provide in support of any application for anything will always have to be less than 3 months old - it has nothing to do with the Schengen 90 day rule.

truenudisttoo

Posted: Thu May 18, 2023 1:38pm

truenudisttoo

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Posts: 137

145 helpful points

Location: Turre

Joined: 9 Apr 2023

Posted: Thu May 18, 2023 1:38pm

DarioMartin wrote on Thu May 18, 2023 1:24pm:

1.  If your German friend stays longer than 90 days it’s an administrative offence only as she has freedom of movement; it is rarely, if ever, pursued.

2. Your NIE number is for life but the certificate it’s printed on is only valid as proof for 3 months; just like a Padrón certificate is only “valid” for 3 months.  Any documentation you provide in support of any application for anything will always have to be less than 3 months old ...

...- it has nothing to do with the Schengen 90 day rule.

My understanding is that it is only an 'obligation' for an EU citizen to register in a different country in the EU. As Dario says ' an administrative offence' 

DarioMartin

Posted: Thu May 18, 2023 8:47pm

DarioMartin

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Posts: 5342

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Location: Vera

Joined: 16 Aug 2017

Posted: Thu May 18, 2023 8:47pm

AngelaP wrote on Thu May 18, 2023 12:55pm:

I first purchased my NIE decades ago, mistakenly thinking that once bought, it’s valid for life. Although I’ve purchased hundreds of things since then and nobody queried it, last year I needed a new contract and was informed it was out of date. Went to the Foreigner Office who reissued (same ...

...number), in my German passport details and was informed it was valid for 3 months. Ties in nicely with the 90 stay permission, doesn’t it? 

Incidentally, I notice you talking about German passport details for you … this means you are an EU citizen, have freedom of movement and absolutely no need to apply for a “Visa” - your only obligation is if you intend to remain longer than 90 days, to register with Extranjeria in Almeria for “Residencia” … a very straightforward and simple process.

AngelaP

Posted: Fri May 19, 2023 7:50am

Posts: 46

28 helpful points

Location: Almería

Joined: 13 Jan 2022

Posted: Fri May 19, 2023 7:50am

DarioMartin wrote on Thu May 18, 2023 8:47pm:

Incidentally, I notice you talking about German passport details for you … this means you are an EU citizen, have freedom of movement and absolutely no need to apply for a “Visa” - your only obligation is if you intend to remain longer than 90 days, to register with Extranjeria in Almeria f...

...or “Residencia” … a very straightforward and simple process.

Very useful to know Dario, that's the sort of information I need. Thank you. Now, you say 'register' for a Residencia, please, do you know what documents I need for that and also what would be the obligation/commitment be on my part? I'm old enough to know nothing comes for free!

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