Staying longer than 90 days in the EU (1 Viewer)

[Gee P Cee]

Hello knowledgeable people,
Has anyone stayed longer than 90 days in the EU and what happened when they returned to the UK?
is the 90 day rule being enforced?

Thanks Everyone

 

[franknjan]

I don't think there is an issue when you return to the UK after overstaying 90 days. The problem will arise when you try to re-enter the eurozone.

 

[nicholsong]

I now have Polish Residency so can stay in Poland as long as as I want like any resident of a Schengen country, but am restricted to 90/180 in rest of Schengen.

As far as UK is concerned, as franknjan said, for a UK passport holder one can enter and leave at will.

If you get Residency in a Schengen country then there is very little control crossing Intra-Schengen borders.

Of course it would have been easier if you had applied for a Schengen country Residency before 31st Dec 2020.

Geoff

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[Al n Val]

my mate stayed approx 58 days over the 90 and left Spain with no issues, no passport stamped or scanned and he made a point of looking.

Whether or not he’s penalised when he goes back again in Oct we’ll have to wait and see

I am still hopeful that next year maybe Spain will introduce a Visa which will allow us to stay 180 days, fingers crossed

 

[2657]

my mate stayed approx 58 days over the 90 and left Spain with no issues, no passport stamped or scanned and he made a point of looking.

Whether or not he’s penalised when he goes back again in Oct we’ll have to wait and see

I am still hopeful that next year maybe Spain will introduce a Visa which will allow us to stay 180 days, fingers crossed

When was this?

 

[Al n Val]

When was this?

148 ish days after the 1st Jan

I started a thread about it a little while ago but the response to it got somewhat choppy when the do gooders chimed in

it’ll still be their if you search for it

Al

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[nicholsong]

148 ish days after the 1st Jan

I started a thread about it a little while ago but the response to it got somewhat choppy when the do gooders chimed in

it’ll still be their if you search for it

Al

But did he enter by a route where his passport was stamped or scanned?

If not he was not in the Schengen computer system.

Those of us who had achieved Residency on the basis of being resident in a Schengen country prior to 31st Dec 2020 can , under the Wthdrawal Agreement between the UK and the EU, travel across intra-EU borders on a Residency card and therefore not have a passport stamp. Not that there are border checks.

Of course if we are found to be outside our country of residence for more than 90/180 days we could be in trouble, but evidential proof might be difficult. Also, to where would they deport us? Country of Residence? Never seen an opinion on that point.

Geoff

 

[Al n Val]

But did he enter by a route where his passport was stamped or scanned?

If not he was not in the Schengen computer system.

Those of us who had achieved Residency on the basis of being resident in a Schengen country prior to 31st Dec 2020 can , under the Wthdrawal Agreement between the UK and the EU, travel across intra-EU borders on a Residency card and therefore not have a passport stamp. Not that there are border checks.

Of course if we are found to be outside our country of residence for more than 90/180 days we could be in trouble, but evidential proof might be difficult. Also, to where would they deport us? Country of Residence? Never seen an opinion on that point.

Geoff

he entered via Malaga both ways Geoff so i’d say yes he did

 

[2657]

he entered via Malaga both ways Geoff so i’d say yes he did

He presumably entered and left via Malaga airport so he can be 100% certain that his passport was scanned on entry and exit.
Regardless of any stamp the dates will be on the system.

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[Al n Val]

He presumably entered and left via Malaga airport so he can be 100% certain that his passport was scanned on entry and exit.
Regardless of any stamp the dates will be on the system.

he is 100% certain it was not stamped or scanned when leaving as he made a point of looking at the border control officer and what he did exactly, I referred to this in my first post btw.

As I and he said at the time, he won’t know anything until he returns or try’s to at the end of the year

 

[busby]

I don't think we will hear much about people being caught out because of embarrassment. BUSBY.

 

[gradyp]

A friend of ours has a caravan in Benidorm and they came home for xmas and new year returning to Spain via Alicante airport late January. Earlier this month they returned home after spending >5 mths in Spain.

They returned to Spain last week with no issues at all. Speaking to them while they where home on this subject and they have said there has been a number of people "over staying" leaving and returning with no issues. He said that no one is talking or interested about the subject either the English or the Spanish.

Is this just another breath tester in France , change GB sticker for a UK sticker on reg plate , are we worrying about a "law" which the europeans are great at ignoring which they have a history of.

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[Al n Val]

I don't think we will hear much about people being caught out because of embarrassment. BUSBY.

my mate would not be embarrassed at all to let me know of what happens to him or what may happen, others might be but certainly not Willy

 

[nicholsong]

he is 100% certain it was not stamped or scanned when leaving as he made a point of looking at the border control officer.

As I and he said at the time, he won’t know anything until he returns or try’s to at the end of the year

I suppose it is possible that the Spanish are taking a lax approach to help the economy, particularly if the passengers are on flights direct into and ou of Spain.

However, it may be more tricky for a MH owner arriving in Santander, touring Spain and France for 5 months and returning to UK from Calais. I would not risk it.

Geoff

 

[busby]

I suppose it is possible that the Spanish are taking a lax approach to help the economy, particularly if the passengers are on flights direct into and ou of Spain.

However, it may be more tricky for a MH owner arriving in Santander, touring Spain and France for 5 months and returning to UK from Calais. I would not risk it.

Geoff

We had our passports stamped entering Spain at Santander and again stamped leaving France at Caen.Croatia for us in September..BUSBY.

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[Jim]

However, it may be more tricky for a MH owner arriving in Santander, touring Spain and France for 5 months and returning to UK from Calais. I would not risk it.

By this time next year we'll likely have a difinitive answer as I anticipate there being overstayers in their droves.

 

[Jim]

I don't think we will hear much about people being caught out because of embarrassment. BUSBY.

I think news of overstayers will leak out. Let's face it the 90/180 rule couldn't be more dumb; could they make it more complicated for the average Joe public to understand? I don't think so. There will be lots of confusion, lots of "I didn't Realise" "I thought we are OK". When they are caught out, we'll hear about it and learn what happens to them.

 

[Al n Val]

A friend of ours has a caravan in Benidorm and they came home for xmas and new year returning to Spain via Alicante airport late January. Earlier this month they returned home after spending >5 mths in Spain.

They returned to Spain last week with no issues at all. Speaking to them while they where home on this subject and they have said there has been a number of people "over staying" leaving and returning with no issues. He said that no one is talking or interested about the subject either the English or the Spanish.

Is this just another breath tester in France , change GB sticker for a UK sticker on reg plate , are we worrying about a "law" which the europeans are great at ignoring which they have a history of.

this is copy of a message from my mate who's applied for residency in Spain, i've asked his opinion whether or not Spain will either issue a "longer stay visa"

this is part of the reply he sent back last night

"Probably, as they've had a taste of "no brits" & will realise they need us more than they think. It's all well the Spanish coming in droves on discounted hols, hotels and camp sites have offered them massive discounts just to come, but that's not gonna help the economy as they don't spend anything neither !

Tight bxxxxxxs on here buy their food & drink at the supermarket or bring it with them, then pack into cooler boxes & take to the pool and don't spend anything ! It's chocka at the pool all day everyday & the bar there isn't even open ! Same probably happens at the beach as they all group together with cool boxes and don't use the cafes/bars and restaurants !"

I have to say I hope he's right regarding the visa as hopeful as I am, the original thread where I posted about Willy a few months ago, highlighted this very same issue, the brits spend and a lot of the rest don't, businesses have closed in that area from march 31st as the brits went home in droves after being frightened by social media.

Only time will tell I suppose but as gradyp mentioned above, is it going to be one of those rules that gets overlooked, have "they" been instructed to ignore the long stayers because of the damage its doing to there local economies.

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[Al n Val]

I think news of overstayers will leak out. Let's face it the 90/180 rule couldn't be more dumb; could they make it more complicated for the average thicko Joe public to understand? I don't think so. There will be lots of confusion, lots of "I didn't Realise" "I thought we are OK". When they are caught out, we'll hear about it and learn what happens to them.

and i'm a million percent certain Jim, if nothing happens to anyone, then some dickhead will make something up and post if on a facebook group that his mates mates uncles brothers, son in law has been jailed for 10 years and banned from the EU for 50 years just to cause a reaction, then it will have been read by 1000's and become "true" as its on the internet

 

[Tykatem]

What Consequences Will Britons Face for Overstaying in EU?​

The consequences that a British national may face for staying in the EU longer than permitted depend a lot on the country where he/she is caught overstaying, as well as the number of days overstayed.

Since there is no common policy for penalties for overstayers, the Member States may apply the penalties differently, some by being softer and other harsher, like for example Germany.
Despite their differences, in general, the Member States apply the following penalties on those caught overstaying, including on Britons staring from this year:

• Deportation – All third-country citizens caught overstaying the number of permitted days of stay in the EU are immediately forced to leave the block. Some of the countries will imprison overstayers and deport them by themselves, while others will give overstayers a certain period of hours or days to leave.
• Fines – One of the most common penalties for overstaying in the Schengen Area is being fined with an amount of money, though the fees vary from one country to another. Fines, are applied alongside with deportation and are not a substitute for it. They may often be followed with an entry ban too.
• Difficulties in returning to the Schengen – Almost every deported person will face difficulties to travel back to the Schengen Area. They will face prolonged border checks upon entry, and may even be turned back or banned from entering for a certain period.
• Entry ban – Usually the Member States ban from entering only those who have overstayed for a longer period. Bans are applied for a period of three years or even more.

Despite the consequences listed above, some travellers may not be subject to any of them, in particular those who cannot travel for a strong reason that can be proved.

Brits Overstaying EU's 90/180 Days Rule to Face Penalties

United Kingdom nationals travelling to the European Union and Schengen Area Member States are already going through a lot of changes, including additional checks at ports of entry, and even entry restrictions which have been imposed on third countries amid COVID-19. Frequent travellers to the...

www.schengenvisainfo.com

Pete

 

[Jim]

What Consequences Will Britons Face for Overstaying in EU?​

The consequences that a British national may face for staying in the EU longer than permitted depend a lot on the country where he/she is caught overstaying, as well as the number of days overstayed.

Since there is no common policy for penalties for overstayers, the Member States may apply the penalties differently, some by being softer and other harsher, like for example Germany.
Despite their differences, in general, the Member States apply the following penalties on those caught overstaying, including on Britons staring from this year:

• Deportation – All third-country citizens caught overstaying the number of permitted days of stay in the EU are immediately forced to leave the block. Some of the countries will imprison overstayers and deport them by themselves, while others will give overstayers a certain period of hours or days to leave.
• Fines – One of the most common penalties for overstaying in the Schengen Area is being fined with an amount of money, though the fees vary from one country to another. Fines, are applied alongside with deportation and are not a substitute for it. They may often be followed with an entry ban too.
• Difficulties in returning to the Schengen – Almost every deported person will face difficulties to travel back to the Schengen Area. They will face prolonged border checks upon entry, and may even be turned back or banned from entering for a certain period.
• Entry ban – Usually the Member States ban from entering only those who have overstayed for a longer period. Bans are applied for a period of three years or even more.

Despite the consequences listed above, some travellers may not be subject to any of them, in particular those who cannot travel for a strong reason that can be proved.

Brits Overstaying EU's 90/180 Days Rule to Face Penalties

United Kingdom nationals travelling to the European Union and Schengen Area Member States are already going through a lot of changes, including additional checks at ports of entry, and even entry restrictions which have been imposed on third countries amid COVID-19. Frequent travellers to the...

www.schengenvisainfo.com

Pete

We know that is what they say, but will it happen.

People are wondering if overstaying will be bit like shoplifting; illegal in the UK, but the police don't bother with it. ie are the consquences of overstaying going to be zilch?

Personally I wouldn't trust the French or the Spanish to turn a blind eye, and I think it will be enforced. And anyway, it would take two minutes to write the code that flagged your passport and denied an overstayer re-entry. An automatic time bar.

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[gradyp]

Just sat here thinking and I wonder what our "normal" medical / motorhome insurance would say to over staying the 90 days. I know you can request and pay for extended insurances , but I suggest that most of us have bog standard insurance

 

[Tykatem]

We know that is what they say, but will it happen.

I personally believe that the rules will be "loosely interpreted" until the EU ETIAS travel authorization becomes operational at the end of 2022.

Broken Link Removed

Pete

 

[Al n Val]

Just sat here thinking and I wonder what our "normal" medical / motorhome insurance would say to over staying the 90 days. I know you can request and pay for extended insurances , but I suggest that most of us have bog standard insurance

I've purposely "ticked the box" that will allow us to travel for a max of 100 days per trip and a max of 183 days per any 1 year from date of insurance

This cost an extra £101 on our policy btw just for info

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[gus-lopez]

Same probably happens at the beach as they all group together with cool boxes and don't use the cafes/bars and restaurants !"

Must be different to here then? First thing holiday making spaniards do down on the coast is book there 2pm dinner table for the length of time they will be here. nigh on impossible to get in any beachside restaurant down in Águilas july/august time.

this is copy of a message from my mate who's applied for residency in Spain

Why has he only just applied? Was he here before contributing nothing? Does he realise that if he is applying now using the fact that he has been here without residency for years before, that even if he gets it he will be out of time for a driving licence as you had to have applied before the end of the application period & therfore will have to take a spanish test.
We ave a couple been here 17 years who have just applied for residency stating they have been here for the last 17 years & they are being hauled over the coals. They have also been told that even if they manage to get it it is qite likely hacienda will want to fine them for lack of tax declarations for the last 17 years.
They have also been assured that even if they get it they will then no longer be allowed to drive using the UK licence & would be well advised to take a spanish test now in advance.

 

[Al n Val]

Must be different to here then? First thing holiday making spaniards do down on the coast is book there 2pm dinner table for the length of time they will be here. nigh on impossible to get in any beachside restaurant down in Águilas july/august time.

Why has he only just applied? Was he here before contributing nothing? Does he realise that if he is applying now using the fact that he has been here without residency for years before, that even if he gets it he will be out of time for a driving licence as you had to have applied before the end of the application period & therfore will have to take a spanish test.
We ave a couple been here 17 years who have just applied for residency stating they have been here for the last 17 years & they are being hauled over the coals. They have also been told that even if they manage to get it it is qite likely hacienda will want to fine them for lack of tax declarations for the last 17 years.
They have also been assured that even if they get it they will then no longer be allowed to drive using the UK licence & would be well advised to take a spanish test now in advance.

I haven't said he's just applied Gus, you have just assumed he has, they as a couple applied last year as that is when they decided they wanted to live permanently in Spain, As we have, they have visited Spain over many years on a temp/holiday basis, but decided now to make it their home and good luck to them. They have contributed i'd have thought as much as anyone else has done over the years, not claiming anything back, just putting it in, as we have also.

 

[busby]

Mus

I suppose it is possible that the Spanish are taking a lax approach to help the economy, particularly if the passengers are on flights direct into and ou of Spain.

However, it may be more tricky for a MH owner arriving in Santander, touring Spain and France for 5 months and returning to UK

Must admit that when I commented to the Spanish Customs when he stamped my passport he chuntered BREXIT,your fault..BUSBY.

rom Calais. I would not risk it.

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[dunnah01]

According to my Aussy sister there are plenty of Aussies that have been fined 500 Euros and banned for 4 years for a first overstay. I don't think there will be any great appetite to take up the huge challenge of changing the EU Regs to make the UK a special case.

 

[nicholsong]

Busby

I think you said you entered in Sept(2020) in which case he should not have stamped your passport, or even then the date of entry to Schengen on the 90/180 rule would have started from 1st Jan 2021.

Geoff

 

[busby]

Busby

I think you said you entered in Sept(2020) in which case he should not have stamped your passport, or even then the date of entry to Schengen on the 90/180 rule would have started from 1st Jan 2021.

Geoff

I did enter in Sept 2020 and they didn't stamp my passport.I re entered in June 2021 I my passport was stamped.I returned home late July 2021 via Caen and again my passport was stamped. BUSBY.

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