The 90 day rule has been navigated. (1 Viewer)

Apr 19, 2019
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HaHa....no I was just kidding :rolleyes: :cycle:

Well done for being on the ball though
I was hoping to sell some residency certificates for lots of money then do a runner
 
Jun 10, 2019
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There's a lot of talk here about the 90/180 ruling but does anyone know what will happen if we just ignore it and stay? Will we be thrown into jail or fined?
 
Apr 19, 2019
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I was hoping to sell some residency certificates for lots of money then do a runner
You can spend as many days out of 180 as you like on the isle of man if you are a British citizen though.

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Apr 19, 2019
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There's a lot of talk here about the 90/180 ruling but does anyone know what will happen if we just ignore it and stay? Will we be thrown into jail or fined?

My wife wouldn't even if you offered to pay her. Then again that wouldn't be legal as she doesn't have a work permit. :LOL:
HaHa. You don't need a work permit to visit or even live here for ever. You only need a work permit if you want to work. Its pretty good just now. No v*r*s and no restrictions whatsoever. Tell her its lovely here🤞

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Mar 16, 2016
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There's a lot of talk here about the 90/180 ruling but does anyone know what will happen if we just ignore it and stay? Will we be thrown into jail or fined?

If you are being tempted to do such thing, you should just know the following things:

First thing that you should know, is that an overstayed visa never goes unnoticed. The immigration authorities have registered in their databases every person that enters and leaves the Schengen, and every overstaying, even just for a day, is recorded.

Secondly, intentional or unintentional, no overstaying is left unpunished. It could be a fine, immediate deportation or even getting banned from entering the Schengen Zone for a specific amount of time.


Pete
 
Aug 11, 2019
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A friend of mine, with a South African passport and therefore a “third country”, overstayed in Poland last year. I believe the overstay was 12 days. He was arrested, held in custody for 3 weeks, put in front of a court and fined €1500, then deported at his own expense back to South Africa. He was also banned from Schengen for a period and his passport endorsed accordingly. All for love!
 
Oct 12, 2009
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If you are being tempted to do such thing, you should just know the following things:

First thing that you should know, is that an overstayed visa never goes unnoticed. The immigration authorities have registered in their databases every person that enters and leaves the Schengen, and every overstaying, even just for a day, is recorded.

Secondly, intentional or unintentional, no overstaying is left unpunished. It could be a fine, immediate deportation or even getting banned from entering the Schengen Zone for a specific amount of time.


Pete

It would be interesing to know how the sanctions for overstaying would be applied to a non-EU Citizen who holds a Resident's Card for a Schengen State, but is still subject to the 90 day rule in the rest of Schengen.

Obviously the person could be fined etc, but re deportation would they just be depored to their home state within Schengen or would they be deported outside Schengen, and if the latter to where? since they would not have a reidence other than their Schengen State.

Of course without normally any border checks at the internal borders within Schengen catching and proving overstaying by such a person would be difficult, just as it is currently to prove that any Schengen Resident has overstayed 90 days in any one counrty without registering there.

Even if temporary border controls were set up and a person's entry into another Schengen State were recorded, the overstay would only be identified if there were also a temporary control at the exit point and at the time of exit.

Any records of purchases or telephone calls are unlikely to prove continuous stay in a country, which could not be explained by a return to the country of residence.

I suspect that like the current rule of not staying more than 90 days in one country it might be largely ignored, except for anyone commiting a crime or working illegally.

Geoff

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Feb 12, 2018
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A friend of mine, with a South African passport and therefore a “third country”, overstayed in Poland last year. I believe the overstay was 12 days. He was arrested, held in custody for 3 weeks, put in front of a court and fined €1500, then deported at his own expense back to South Africa. He was also banned from Schengen for a period and his passport endorsed accordingly. All for love!
That does sound rather severe. However, there are two classes of "Third Countries"....... those who do not need a Visa for the 90-in-180 travel arrangements (which includes UK passport from 1/1/21, though a 3-year ETIAS Visa Waiver will be needed when introduced from the end of 2022) .......... and all remaining "Third Countries" who must obtain a Visa prior to entry.

South Africa is not one of the scheduled Visa-free countries and I presume your friend possibly had to go to the Polish Embassy in South Africa to apply for a Visa in advance of travel. He should therefore have been well aware of the restrictions on his permitted length of stay and possibly the Visa issued was for a much shorter single visit of less than the 90-day limit for the permitted Visa-free travel Countries. Hopefully, there may be a less severe penalty for those of us eligible for the Visa-free arrangements should we inadvertently overstay......... but I would not wish to find myself testing the system limits!
 
Aug 11, 2019
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That does sound rather severe. However, there are two classes of "Third Countries"....... those who do not need a Visa for the 90-in-180 travel arrangements (which includes UK passport from 1/1/21, though a 3-year ETIAS Visa Waiver will be needed when introduced from the end of 2022) .......... and all remaining "Third Countries" who must obtain a Visa prior to entry.

South Africa is not one of the scheduled Visa-free countries and I presume your friend possibly had to go to the Polish Embassy in South Africa to apply for a Visa in advance of travel. He should therefore have been well aware of the restrictions on his permitted length of stay and possibly the Visa issued was for a much shorter single visit of less than the 90-day limit for the permitted Visa-free travel Countries. Hopefully, there may be a less severe penalty for those of us eligible for the Visa-free arrangements should we inadvertently overstay......... but I would not wish to find myself testing the system limits!

I agree with your sentiments entirely and had no sympathy. It was a conscious decision to exceed the validity of his visa. In mitigation, it was for love. Which, as we all know, is blind. An expensive lesson though.
Personally I find it a lot easier to stick to the rules, however inconvenient it may be. After all we are guests in another country and they have control and sovereignty.
 
Aug 18, 2014
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Tell her its lovely here
She would never entertain any notion of returning regardless of the money being offered. Nor would I. Too cold on a line with Drogheda across to the UK :weather the same rains, winds, cold.

It would be interesing to know how the sanctions for overstaying would be applied to a non-EU Citizen who holds a Resident's Card for a Schengen State, but is still subject to the 90 day rule in the rest of Schengen.
They are classed as the same as a national of that country. Using the ID card no one would even want to know.
Obviously the person could be fined etc, but re deportation would they just be depored to their home state within Schengen or would they be deported outside Schengen, and if the latter to where? since they would not have a reidence other than their Schengen State.
As above they are classed ,still, as the same as a national of the country they are resident in.
They cannot be deported anywhere. Possibly the worst is fined for over staying.They still can't be asked to leave.
Under the withdrawal agreement a UK citizen ,permanently resident in another eu state, is the same as a national of that country. Apart from holding a British passport they are in no way the same as a Uk citizen resident in the UK. None whatsoever.
just as it is currently to prove that any Schengen Resident has overstayed 90 days in any one counrty without registering there.
& that is all the offence would be.
 
Apr 19, 2019
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She would never entertain any notion of returning regardless of the money being offered. Nor would I. Too cold on a line with Drogheda across to the UK :weather the same rains, winds, cold.


They are classed as the same as a national of that country. Using the ID card no one would even want to know.

As above they are classed ,still, as the same as a national of the country they are resident in.
They cannot be deported anywhere. Possibly the worst is fined for over staying.They still can't be asked to leave.
Under the withdrawal agreement a UK citizen ,permanently resident in another eu state, is the same as a national of that country. Apart from holding a British passport they are in no way the same as a Uk citizen resident in the UK. None whatsoever.

& that is all the offence would be.
Well we rarely get frosts in winter as its mild and we rarely get too hot in summer........it is more sunny that Manchester and rains slightly less. Other than that it's pretty rubbish weather really. It's a good place to hide from pandemics.

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Jul 11, 2020
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For my sins, I'm an insurance broker and last week took part in the SME Advisory Board meeting of the British Insurance Brokers Association. During a discussion on Brexit (mainly around green cards *from a motoring perspective), I raised the question of motor homers and longer stays whether touring or full timing. Basically, the answer was that there was no answer. All discussion so far has tended to be on static residences rather than mobile.

*Green cards will be required if a no deal but now allowed to be on white paper. It must be a hard copy with electronic versions not permitted. If pulling a trailer (or caravan/boat/small car) a card will be required for each vehicle
So I had a response from my question to the British Insurance Brokers Association as follows:

we asked what about motorhome users who spend the majority of the year in the EU.

At this stage the answer from one of our leading motorhome brokers is more straight forward. As long as the motorhome is on a UK plate then it’s not a problem, but he cautions, “I suspect with a no-deal Brexit depending on the country I suspect this will become harder to do”. He gives a further example of Australians who come over, buy a camper and travel around with no fixed UK address. They are treated as a UK risk as the vehicle is on a UK plate.

The other point I suspect is important is that the motorhome owners do not have a registered address in the EU, unlike say a UK citizen working in the EU, who will have a permanent home for the duration.
 
Apr 20, 2012
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There's a lot of talk here about the 90/180 ruling but does anyone know what will happen if we just ignore it and stay? Will we be thrown into jail or fined?
Easy, just say you arrived in a RIB from Turkey/Africa and are making your way to Calais and then the 'UK free-benefits zone'. They will probably pat you on the back and maybe offer an escort to the next junction.....
 

Boris7

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Just going to smug and mention my Irish passport 😀

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Apr 30, 2018
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Just going to smug and mention my Irish passport 😀
If your passenger (Wife, Girl friend or Partner) only had a UK passport would she be covered to stay beyond the 90 days ?
 

Boris7

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Bloody hope not 😉.

Im normally in the EU for work so alone
 

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