Europe: 90 days in 180 customs check

[varaizian]

I don’t know about other eu countries but here in Hungary are residence permits under the withdrawal agreement have to be renewed in 2026 and you have to fulfil all the requirements ie time out of the host country and criminal record ect in order to have it renewed ! and yes they can revoke the residency ( visa / permit ) as your not a citizen of that country same as any country in the world

As long term residents in France we were given 10 year cards with the undertaking that renewal would be straightforward provided we had behaved ourselves and circumstances had not changed ie we were still financially independent. They do eject people who do not fit their requirements.

 

[varaizian]

We have come out of both France and Spain after around thev88 day mark and the custom guys have always made a remark about the closeness to the 90 days. We have loads of stamps in our passports from quite a few East European countries that stamp all over the place.

Probably just “mark

We have come out of both France and Spain after around thev88 day mark and the custom guys have always made a remark about the closeness to the 90 days. We have loads of stamps in our passports from quite a few East European countries that stamp all over the place.

I suspect they are “marking your card” as well as stamping your passport.

 

[Carpmart]

Assuming you are British Citizens then that is nonsense, because you are free to exit and enter UK as you wish - unless there are criminal reasons why not.

Agree… in fact your passport has a nice paragraph from the queen (king of recent?) asking for the viewer to afford her subject passage as a British citizen.

 

[VXman]

I’ve got lots of stamps and it’s luck on who looks at them, no one really scrutinised my passport before but when I came back from dieppe on Boxing Day she (French) had a real good look and was going back and forth between pages…

It would take a genius a long time to sort mine out. Passport is full from a lot of travel in Asia 2018 -2021. Then lots of Europe travel in 2021 -2023 plus Caribbean and Cape Verdi.

This autumn we went out of Schengen into Bosnia - back into Croatia - out to Montenegro, Serbia, back to Croatia. Stamps are all over the place. I think they would really struggle to sort out what's when.

 

[varaizian]

It would take a genius a long time to sort mine out. Passport is full from a lot of travel in Asia 2018 -2021. Then lots of Europe travel in 2021 -2023 plus Caribbean and Cape Verdi.

This autumn we went out of Schengen into Bosnia - back into Croatia - out to Montenegro, Serbia, back to Croatia. Stamps are all over the place. I think they would really struggle to sort out what's when.

I’m sure you would help them!

^{_{Subscribers  do not see these advertisements}}

 

[nicholsong]

Agree… in fact your passport has a nice paragraph from the queen (king of recent?) asking for the viewer to afford her subject passage as a British citizen.

That is addressed to foreign governments.

As a Subject of His Majesty one has the freedom to move within His Kingdom.

[At one time on my Commercial Pilot Licence there was a page at the front which stated - " The holder of this Licence is permitted to enter the UK at any time", but that has been removed. I once used it as a passenger and the Immigration Officer just waved me through]

 

[EuroTrotters]

Our passports are busy. UAE/Dubai/Qatar/Spain/France/The Netherlands/Spain/Spain/endless Spain stamped all over the place

We went over by 5 days.

But we exited and entered through Spain.

Would‘’not fancy doing that through France

 

[MarionK]

I decided some time ago, that if or when, I get close to using up my "Schengen allowance", I'll apply for a "Temporary Stay Visa" rather than worry about counting days and racing for the ferry etc.

 

[Carpmart]

I decided some time ago, that if or when, I get close to using up my "Schengen allowance", I'll apply for a "Temporary Stay Visa" rather than worry about counting days and racing for the ferry etc.

That’s very interesting…. Does that solve a Shengan overstay issue? I feel we need more information, could be very useful for others!

 

[Hymer Tony B]

Hi all

I understand the ruling and how to work it out. My question is this:

Julie and I travel abroad a lot (so far not in the motor home) and consequently our passports have loaaads of stamps, some for Europe and others for long haul and some for european non-euro countries.

Some of the stamps are quite hard to read and thus not very clear.

We intend going to France/Spain in April in the motor home for the first time for a prolonged period, if we inadvertently break the 90 day rule, how likely is it that customs will take the time to scrutinise our passports long enough to decipher which of the many stamps/dates are actually relevant?

The reason that I ask is that we booked our return ferry ages ago within the rules with a couple of days margin for error but forgot about our recent long weekend in Malta which will put us 4 days over (the ferry booking is obviously amendable but I thought that I would ask the question anyway).

All opinions grateful recieved

We went via Ferry to Santander in April 2023. Got through uk customs OK but when in Santander got pulled over after checking our passports. Wife had been on Fly holiday earlier and her passport had not been stamped as leaving EU on return. Fortunately wife had copy of flight details on her mobile proving we had returned. We did think they were going to refuse us entry.

^{_{Subscribers  do not see these advertisements}}

 

[gus-lopez]

I don’t know about other eu countries but here in Hungary are residence permits under the withdrawal agreement have to be renewed in 2026 and you have to fulfil all the requirements ie time out of the host country and criminal record ect in order to have it renewed ! and yes they can revoke the residency ( visa / permit ) as your not a citizen of that country same as any country in the world

As a 'long term resident' even under the Withdrawal act you are still a citizen of your host country just without their passport.
Once permanent residency is established,& even under the WA,it can only be lost by 5 consecutive years outside of the country in which you are resident. States that applied a "declaratory" residency under the WA the rights are as before. States that required a " constitutive" residency it is slightly different.

The Withdrawal Agreement ratified for the UK's exit from the EU, states that “. Once acquired, the right of permanent residence shall be lost only through absence from the host State for a period exceeding 5 consecutive years”. Regulations for EU citizens and also non EU spouses/partners/family members.

This is actually better than we had before & which EU citizens have as theirs is 2 years .
here;
https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:C_202301392

Page 46 section 9.3
Deportation from an overstay in another member state whether you are under the WA or an EU citizen overstaying 90 days is highly unlikely . If it occurs then you can more or less return immediately.
Basically deportation is only for public security, public policy & threats to public health. Even then when deported you have to be supplied with full details including length of order banning you from the country.
I can't remember but off the top of my head I think 3 years is the maximum amount that you can be banned from the country.After that you have the right to legally return.

 

[EuroTrotters]

As a 'long term resident' even under the Withdrawal act you are still a citizen of your host country just without their passport.
Once permanent residency is established,& even under the WA,it can only be lost by 5 consecutive years outside of the country in which you are resident. States that applied a "declaratory" residency under the WA the rights are as before. States that required a " constitutive" residency it is slightly different.

The Withdrawal Agreement ratified for the UK's exit from the EU, states that “. Once acquired, the right of permanent residence shall be lost only through absence from the host State for a period exceeding 5 consecutive years”. Regulations for EU citizens and also non EU spouses/partners/family members.

This is actually better than we had before & which EU citizens have as theirs is 2 years .
here;
https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:C_202301392

Page 46 section 9.3
Deportation from an overstay in another member state whether you are under the WA or an EU citizen overstaying 90 days is highly unlikely . If it occurs then you can more or less return immediately.
Basically deportation is only for public security, public policy & threats to public health. Even then when deported you have to be supplied with full details including length of order banning you from the country.
I can't remember but off the top of my head I think 3 years is the maximum amount that you can be banned from the country.After that you have the right to legally return.

One of the reasons we did not apply for residency under the withdrawal agreement was the 6 month ruling.

That was, that you could not be out of the Country, Spain for more than 6 months in 5 years ?

I understand that the European court have ruled that unlawful now ?

And that we could of applied, maybe. But too late now, or 2f*******late.co.uk as Nann would say.

 

[treblid]

I suspect they are “marking your card” as well as stamping your passport.

What "card" would that be.........?

 

[StephKen]

I have found out that because I have a grandfather who was Irish I could apply for Irish passport. Not sure whether to do it or not because at the moment spending 90 days away is actually enough. I have 3 grandchildren and son who live in our house and I like to go back to check on the house !
Interested to see if others think it would be worth it?

 

[Orion]

I have found out that because I have a grandfather who was Irish I could apply for Irish passport. Not sure whether to do it or not because at the moment spending 90 days away is actually enough. I have 3 grandchildren and son who live in our house and I like to go back to check on the house !
Interested to see if others think it would be worth it?

Yes, very worthwhile not just for you but possibly for your offspring if it assists them to also apply in the future should they want to.

My son now has his Irish passport with daughters about to apply. No drawbacks and only positives to doing it, so for the minimal cost it’s worthwhile.

^{_{Subscribers  do not see these advertisements}}

 

[bigtwin]

No drawbacks and only positives to doing it, so for the minimal cost it’s worthwhile.

For most that is likely to be the case but in my previous employment it wasn’t permitted as a condition of employment.

Ian

 

[gus-lopez]

That was, that you could not be out of the Country, Spain for more than 6 months in 5 years ?

That was for obtaining residency for the first 5 years. After you come under the same as those of us who were already resident & can now be out of the country for 4 years 11 months ,3 weeks & 6 days before popping back to restart the clock. If we want.I.e You can be resident/live somewhere else the same as a national of the country.

Interested to see if others think it would be worth it?

Yes.
Ireland now has an additional 100,000 citizens since brexit

 

[hja]

Yes, very worthwhile not just for you but possibly for your offspring if it assists them to also apply in the future should they want to.

My son now has his Irish passport with daughters about to apply. No drawbacks and only positives to doing it, so for the minimal cost it’s worthwhile.

Yes if I was eligible I wouldn’t hesitate. It gives you and your kids options.

 

[jumartoo]

That was for obtaining residency for the first 5 years. After you come under the same as those of us who were already resident & can now be out of the country for 4 years 11 months ,3 weeks & 6 days before popping back to restart the clock. If we want.I.e You can be resident/live somewhere else the same as a national of the country.

Yes.
Ireland now has an additional 100,000 citizens since brexit

We could be out of Spain for 6 months in each of the 5 years. Not 6 months in 5 years.

 

[varaizian]

What "card" would that be.........?

In the sense that they are letting you know that they are aware of you and are warning you off.

^{_{Subscribers  do not see these advertisements}}

 

[jumartoo]

And, as permanent Spanish residents, we can now (if we really want) be out of Spain for 5 years, whereas even the EU permanent residents can only be out for two years (if we all want to keep our residency rights).

 

[nicholsong]

https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:C_202301392

Page 46 section 9.3
Deportation from an overstay in another member state whether you are under the WA or an EU citizen overstaying 90 days is highly unlikely . If it occurs then you can more or less return immediately.
Basically deportation is only for public security, public policy & threats to public health. Even then when deported you have to be supplied with full details including length of order banning you from the country.
I can't remember but off the top of my head I think 3 years is the maximum amount that you can be banned from the country.After that you have the right to legally return.

It still does not answer my ongoing question about 'To where do they deport EU residents - 'State of Residence or State of Nationality?'

Having thought it through a bit more, if you Richard gus-lopez , Resident in Spain, or I Resident in Poland were found to be an overstayer in say Germany and they did deport us to UK there proably would be nothing to stop us jumping on a flight to our host countries. I think the German government cannot revoke our Residency in another country.

Therefore I think the German government would see the futility of that action so not deport us, and therefore of the futility of the rule itself.

What can they do with the MH though? That might be a bigger deterent.

 

[nicholsong]

And, as permanent Spanish residents, we can now (if we really want) be out of Spain for 5 years, whereas even the EU permanent residents can only be out for two years (if we all want to keep our residency rights).

Judith

I am not sure who you are referring to as 'EU Permanent Residents' ?

If EU Citizens they do not need Residency in another EU country, as they have freedom of movement, unless they are from an EU country which is not in Schengen maybe?

Geoff

Geoff

 

[gus-lopez]

Therefore I think the German government would see the futility of that action so not deport us, and therefore of the futility of the rule itself.

This is why many countries never required registration for residency as even if you failed they could not throw you out:

 

[gus-lopez]

I am not sure who you are referring to as 'EU Permanent Residents' ?

I think Judith meant "EU citizens"

^{_{Subscribers  do not see these advertisements}}

 

[jumartoo]

I think Judith meant "EU citizens"

Yes EU citizens permanently living in Spain with their green cards. They don't have have as many rights as us now.

 

[Northernraider]

Just dont do it..im sure 85 days will be enough? Also its probably the last few stamps they look at? Im sure it wont cost too much to change return trip?

The stamps in my passport are all over the place.. no set order and some are not that clear on ink either. Good luck to them if they go by the stamps they'll cause a tailback behind me.

 

[Northernraider]

It would take a genius a long time to sort mine out. Passport is full from a lot of travel in Asia 2018 -2021. Then lots of Europe travel in 2021 -2023 plus Caribbean and Cape Verdi.

This autumn we went out of Schengen into Bosnia - back into Croatia - out to Montenegro, Serbia, back to Croatia. Stamps are all over the place. I think they would really struggle to sort out what's when.

Mine is the same

 

[McLouis]

Yes if I was eligible I wouldn’t hesitate. It gives you and your kids options.

My son is getting his Irish passport, it helps with his Judo competition refereeing.. If his British ref status falters he can always switch to be Irish and be the top ref..... They don't have any at his level .

 

[nicholsong]

Yes EU citizens permanently living in Spain with their green cards. They don't have have as many rights as us now.

'Green cards'? Is that similar to US green cards, giving the person the right to work.

If so, why are they needed, because EU Citizens have that right anyway Do other countries issue/require those cards, or is Spain just trying to impose its own rules, as in other matters which have been knocked down?

^{_{Subscribers  do not see these advertisements}}