# 90 Day Rule Question? UK Citizen Non Resident



## Neddog (Mar 22, 2021)

Apologies if this has been asked before regarding British passport holders and non-residents.
Have they started enforcing the 90-day rule when you leave for the UK at Spanish/Canary Island Airports? How will they know if someone has been in Span/Canarys since October 20 but are planning on leaving in June? Passport was not stamped on arrival in October. Asking for a friend!


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## xabiaxica (Jun 23, 2009)

Neddog said:


> Apologies if this has been asked before regarding British passport holders and non-residents.
> Have they started enforcing the 90-day rule when you leave for the UK at Spanish/Canary Island Airports? How will they know if someone has been in Span/Canarys since October 20 but are planning on leaving in June? Passport was not stamped on arrival in October. Asking for a friend!


Your friend gets a free pass until Jan 1st.

Anyone arriving since then has had their passport stamped.

Anyone leaving after March 31st - so 90 days after Jan 1st, will have their passport scrutunised as they leave. No arrival stamp makes it clear that arrival was before Jan 1st, so the holder will clearly have overstayed.

The Spanish govt has made clear that there will be no leeway given, though as yet we don't know quite how tough the border guards will be. Other 3rd country citizens have in the past reported fines & bans. Some seem to escape ... until they try to return & discover a 'no entry' has been recorded against them.

Your friend can expect at least a fine, since the overstay will be one of several months by June. Potentially also a future ban from returning, of several months to several years.


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## Barriej (Jul 23, 2012)

Neddog said:


> Apologies if this has been asked before regarding British passport holders and non-residents.
> Have they started enforcing the 90-day rule when you leave for the UK at Spanish/Canary Island Airports? How will they know if someone has been in Span/Canarys since October 20 but are planning on leaving in June? Passport was not stamped on arrival in October. Asking for a friend!


If 'your friend' is leaving Spain for the Uk in June. 
From comments on various forums and the web thing. 
People have had their passports stamped when entering Spain or other parts of the EU from 1st Jan 2021, wouldn't have been stamped before that. 
As this started on the 1st Jan and June is about 5 9/10th months after, it wont take much to realise that 'your friend' has overstayed by a couple of months. (in fact 1st April is the 91st day). Was that planned 
What will happen is anyones guess but please let us know.


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## Neddog (Mar 22, 2021)

xabiaxica said:


> Your friend gets a free pass until Jan 1st.
> 
> Anyone arriving since then has had their passport stamped.
> 
> ...


Thanks for the info


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## Neddog (Mar 22, 2021)

xabiaxica said:


> Your friend gets a free pass until Jan 1st.
> 
> Anyone arriving since then has had their passport stamped.
> 
> ...





Barriej said:


> If 'your friend' is leaving Spain for the Uk in June.
> From comments on various forums and the web thing.
> People have had their passports stamped when entering Spain or other parts of the EU from 1st Jan 2021, wouldn't have been stamped before that.
> As this started on the 1st Jan and June is about 5 9/10th months after, it wont take much to realise that 'your friend' has overstayed by a couple of months. (in fact 1st April is the 91st day). Was that planned
> What will happen is anyones guess but please let us know.


Thanks. From some of the comments regarding overstays, I will be advising him to get home before the 31rst March. If he decides to chance his arm in June I will keep you posted on how he gets on at the airport!


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