Brexit & 90 rule.

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scotty
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Brexit & 90 rule.

Postby scotty » Sun Feb 28, 2021 7:23 pm

Serious question. Are UK residents in theory only meant to stay for a maximum of 90 days in Spain ? So if you wanted to spend five months in your holiday home has this legal ?

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gerryh
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Re: Brexit & 90 rule.

Postby gerryh » Sun Feb 28, 2021 7:58 pm

This topic is already being discussed in this topic:-
viewtopic.php?f=21&p=408399#p408399
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scotty
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Re: Brexit & 90 rule.

Postby scotty » Sun Feb 28, 2021 9:32 pm

gerryh wrote: Sun Feb 28, 2021 7:58 pm This topic is already being discussed in this topic:-
viewtopic.php?f=21&p=408399#p408399
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Interesting . . . . . . . Obviously my title including the Brexit word put off replies as I posted an hour earlier :lol: :lol: :lol: .

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Re: Brexit & 90 rule.

Postby Paddy Pumpkin » Sun Feb 28, 2021 9:49 pm

scotty wrote: Sun Feb 28, 2021 7:23 pm Serious question. Are UK residents in theory only meant to stay for a maximum of 90 days in Spain ? So if you wanted to spend five months in your holiday home has this legal ?
The other thread discusses most of what you need to know. Except one point.

Your place of present residence outside the EU is irrelevant if you are an EU passport holder. Actually it's slightly more complicated that that so you would need to give more information to get a complete answer.

Presuming your stay is 5 months in a row and you don't apply for any Schengen visa.

If you hold only an non EU passport the you cannot stay more than 90 days in a row. Your passport is stamped upon entry to the Schengen area. Practically that means when you go through passport control at the airport when you land in Spain you will get stamped. When you leave if you have overstayed 90 days you can be fined and banned from entering the Schengen area for up to 5 years. There are other rules around what is known as the 90 days in 180 days rule which are discussed on the other thread

If you hold an EU passport then theoretically a very similar the 90 day rule in Spain also applies but in reality it is not applied. As your EU passport is not stamped upon entry to Spain their is no enforcement of the 90 day rule for EU citizens visiting Spain. To be precise the 90 day rule is slightly different but that is a rough idea.

There are a few other factors at play and without knowing your exact personal situation the question cannot be answered precisely but a rough guide is

Uk resident EU citizen can stay in Spain for 5 months. Non EU citizen cannot.

El Cid
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Re: Brexit & 90 rule.

Postby El Cid » Sun Feb 28, 2021 11:11 pm

You are confusing the issue yet again.

Talking about EU citizens resident in the UK is irrelevant.

Please answer the question that was asked and not pad out your answer with irrelevant issues.

The simple answer to the OPs questions is firstly yes and secondly is no.

Sid

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costakid
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Re: Brexit & 90 rule.

Postby costakid » Mon Mar 01, 2021 9:13 am

El Cid wrote: Sun Feb 28, 2021 11:11 pm You are confusing the issue yet again.

Talking about EU citizens resident in the UK is irrelevant.

Please answer the question that was asked and not pad out your answer with irrelevant issues.

The simple answer to the OPs questions is firstly yes and secondly is no.

Sid
Why not link this to my post which is a very similar subject

El Cid
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Re: Brexit & 90 rule.

Postby El Cid » Mon Mar 01, 2021 9:42 am

In the second post in this thread, Gerry gave a link to your thread.

Sid

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Re: Brexit & 90 rule.

Postby elusive » Mon Mar 01, 2021 9:56 am

scotty wrote: Sun Feb 28, 2021 7:23 pm Serious question. Are UK residents in theory only meant to stay for a maximum of 90 days in Spain ? So if you wanted to spend five months in your holiday home has this legal ?
Its 90 days in the entire schegen area. So if you drive the clock starts when you get into france. 5 months would be illegal and you would face heavy fines and banning for x amount of time. The max you can do in one go is 90 days .Then you cant return to the schengen for another 90

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Re: Brexit & 90 rule.

Postby Paddy Pumpkin » Mon Mar 01, 2021 10:36 am

El Cid wrote: Sun Feb 28, 2021 11:11 pm You are confusing the issue yet again.

Talking about EU citizens resident in the UK is irrelevant.

Please answer the question that was asked and not pad out your answer with irrelevant issues.

The simple answer to the OPs questions is firstly yes and secondly is no.

Sid
Citizenship is completely relevant.

An Italian who is resident in the UK will not have their passport stamped upon entering Schengen. They will go through a separate queue at passport control from a non EU citizen.


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