90 day query??

[Bessy765]

We are due back in the UK having been in the EU for 85 days on the day we leave. We need the 5 days for a short break in July. Although our passports were put through the bar code reader when we were leaving the UK do we need to get them stamped when leaving to prove we have 5 days left??

 

[The Wino]

I don't think anyone will know for certain but part days do count as whole ones.

 

[spikehcm681]

We are due back in the UK having been in the EU for 85 days on the day we leave. We need the 5 days for a short break in July. Although our passports were put through the bar code reader when we were leaving the UK do we need to get them stamped when leaving to prove we have 5 days left??

I would say yes.

If you have the stamp it gives you something to show, if challenged, when you leave after your five day visit.
I would also ensure a stamp at the start of that visit.
There was a case of a woman having problems after travelling via Gibraltar and trying to re-enter Spain when her passport had not stamped.

 

[Darloman]

Definitely - make sure you get your passports stamped. Our friends failed to get their passport stamped at Calais Eurotunnel by the French border gendarmerie last November and when they ’mentioned’ this in passing to Eurotunnel staff their staff we so concerned they made them begin the whole process to leave France again this time making sure they got stamped out of the EU.

 

[jumar]

A Stamp when entering and exiting Schengen is an essential process which everyone should make sure is completed correctly....it's for your reference....I hope your calculations allow you your further 5 day trip and not no delays would cause an overstay situation...

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[Bessy765]

We need 4 days but. Have saved 5 will try to get our passports stamped when we leave this time, thank you for your replies.

 

[EuroTrotters]

You probably won’t get stamps in Europe much longer. ETIAS should be live

 

[spikehcm681]

I don't think anyone will know for certain but part days do count as whole ones.

Part days did count as a whole day in our case. See my previous posting where we arrived in Schengen at 00:05 hrs but passport stamp said the day before - because it was stamped in Dover at 22:00 the day (i.e. evening) before

 

[The Wino]

Part days did count as a whole day in our case. See my previous posting where we arrived in Schengen at 00:05 hrs but passport stamp said the day before - because it was stamped in Dover at 22:00 the day (i.e. evening) before

It's a reason why personally I'd be a bit reluctant to push the 90 days to the limit unless they were being counted after a previous trip that was going to come off the 90 a day at a time if there was a delay.

 

[ChrisL]

Be careful about returning right on the limit as if you have a breakdown you may come unstuck, i was in Nantes for over a week having broken down, luckily it was near the beginning of my trip but it meant I couldn't visit Portugal after Spain as I was running out of time.

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[nicholsong]

You probably won’t get stamps in Europe much longer. ETIAS should be live

Trev

I think with the slow implementation and integration of ETIAS in different countries that, if one knows what is happening with the whole system, one could work it to one's advantage.

Of course, those of us who are registered as Resident in an EU country under the Withdrawal Agreement are not required to fill an ETIAS form nor have ID cards stamped(impossible anyway), but then we have some rights in EU/Schengen anyway. But it ensures our return to EU from UK is not recorded and our travels around EU before returning to country of Residence cannot be calculated.

Geoff

 

[spikehcm681]

It's a reason why personally I'd be a bit reluctant to push the 90 days to the limit unless they were being counted after a previous trip that was going to come off the 90 a day at a time if there was a delay.

Perhaps you're not as desperate as we are to get out of the UK after 3 months of Winter - or as reluctant to leave the Algarve and return to the delights of a Cumbrian Winter.

As far as a breakdown is concerned, I would plead "force majeur" and hope that the Immigration Officer was sympathetic to someone who had obviously made the effort to leave in the 90 days allowed - by dint of their having booked ferry tickets to that effect.

If not - it's "plan B".

 

[EuroTrotters]

Trev

I think with the slow implementation and integration of ETIAS in different countries that, if one knows what is happening with the whole system, one could work it to one's advantage.

Of course, those of us who are registered as Resident in an EU country under the Withdrawal Agreement are not required to fill an ETIAS form nor have ID cards stamped(impossible anyway), but then we have some rights in EU/Schengen anyway. But it ensures our return to EU from UK is not recorded and our travels around EU before returning to country of Residence cannot be calculated.

Geoff

So my question based on that.

IF you become say a Spanish Resident, rather than a 1 year NLV. Do you therefore get the same travel rights as those who settled under the pre-Brexit, withdrawal agreement ?.

 

[gus-lopez]

So my question based on that.

IF you become say a Spanish Resident, rather than a 1 year NLV. Do you therefore get the same travel rights as those who settled under the pre-Brexit, withdrawal agreement ?.

no

 

[EuroTrotters]

no

So if you obtain the TIE, you can stay in Spain as long as you like but are subject to the 90/180 for the rest of Europe?

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[Trevor Wbm]

Keep in mind too that by July, some of your days away will have 'fallen out of the back' of the rolling 90 days.

 

[Skez]

A Stamp when entering and exiting Schengen is an essential process which everyone should make sure is completed correctly....it's for your reference....I hope your calculations allow you your further 5 day trip and not no delays would cause an overstay situation..

When we exited Slovenia into Croatia the Border Staff point blank refused to stamp our passports despite our very polite request - adamant that our departure from the Schengen Zone was recorded when the passport was scanned.

I have to say I'd prefer the lady had stamped us out, but it wasn't going to happen!

We both photographed the first road sign in Croatia which would help to corroborate our dates if it ever came to it, and there are probably a number of ways that we could further prove our exit, but whether or not that would cut much ice at Calais in October if we are accused of overstaying, I have no idea. We shall see!!

 

[gus-lopez]

So if you obtain the TIE, you can stay in Spain as long as you like but are subject to the 90/180 for the rest of Europe?

Even without changing to the TIE & just having the original residencia sheet you are still a resident & once past 5 years can't even be deported /asked to leave.
Theoretically yes, but in reality no as, A) you can travel throughtout the eu on the TIE only, no need to even carry a passport & B) no one knows when you entered left ,did what or when & basically treat you the same as a native using an id card .
Even if you were caught exceeding 90 days, & I've no idea how they would do that, there isn't a lot they can do except ask you to leave. It isn't like they can deport us as we have the same right as a national except the passport . I've no idea why they even imposed it on EU residents as there is no way it can be enforced on us?

 

[nicholsong]

Even without changing to the TIE & just having the original residencia sheet you are still a resident & once past 5 years can't even be deported /asked to leave.
Theoretically yes, but in reality no as, A) you can travel throughtout the eu on the TIE only, no need to even carry a passport & B) no one knows when you entered left ,did what or when & basically treat you the same as a native using an id card .
Even if you were caught exceeding 90 days, & I've no idea how they would do that, there isn't a lot they can do except ask you to leave. It isn't like they can deport us as we have the same right as a national except the passport . I've no idea why they even imposed it on EU residents as there is no way it can be enforced on us?

Well I suppose the Germans could deport you back to Spain, and without your MH, which could be a bit inconvenient.

Otherwise, I agree with all you have said. Same for us, plus Basia is an EU Citizen so she could not be deported.

 

[spikehcm681]

We are due back in the UK having been in the EU for 85 days on the day we leave. We need the 5 days for a short break in July. Although our passports were put through the bar code reader when we were leaving the UK do we need to get them stamped when leaving to prove we have 5 days left??

I've just received the following update from the UK Govt. :-

Passport stamping​

E-gates are in operation at Lisbon, Faro, Porto and Funchal (Madeira) airports for use by British and some other non-EU passport holders. These e-gates are separate to the e-gates for EU/EEA/Swiss citizens. On arrival or departure, check you are eligible to use the e-gates and that you are in the right queue. When using an e-gate, your entry/exit is recorded on the computer system. A border officer may also stamp your passport after you have passed through the e-gate; this is for airport operational reasons.


If you use a manned booth, check that your passport is stamped by the border officer when you enter or exit as a visitor.


Check your passport is stamped by the border officer when you enter and exit Portugal as a visitor.


You can use the manned staffed immigration booths or, if you are aged 18 and over, the e-gates designated for UK and some other non-EU nationals. Hand your passport for stamping to the border officer after you have passed through the e-gate.


Border guards use passport stamps and e-gate records to check you’re complying with the 90-day visa-free limit for short stays in the Schengen area. If relevant entry or exit stamps are not in your passport or visible to a border officer on the computer system, a border officer will may presume that you have overstayed your visa-free limit.


If you are missing entry/exit stamps, You can show evidence of when and where you entered or exited the Schengen area and ask the border officer to add this date and location in your passport. Examples of acceptable evidence include boarding passes and tickets.

My underlining in the penultimate para.

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