# 'Legal' route to spending >90 days in Spain.



## MataMata (Nov 30, 2008)

Provided you know or can find someone resident in France to be your 'host' you can apply for a long stay visa which is valid for between 4 and 12 months and can be renewed. The crucial point is that the visa, if granted is for the entire Schengen area so will cover you for visits to other countries without a 90 day limit.

france-visas.gouv.fr/web/france-visas/ 

The supporting documents to be provided are as follows:

Pre-requisites
A travel document, issued less than 10 years ago, containing at least two blank pages, with a period of validity at least 3 months longer than the date on which you intend to leave the Schengen Area or, in the case of a long stay, at least three months longer than the expiry date of the visa requested. Be sure to transmit (scan) ALL PAGES of your travel document containing visas, entry and exit stamps or any other inscription.
ID photograph.
If you are not a national of your country of residence: proof that you are legally resident in that country (e.g. residence permit).

Purpose of travel/stay
Promise not to exercise any professional activity in France, if applicable accompanied by a letter explaining your project.
Proof of your socio-economic situation.

Travel health insurance
For stays in France up to 6 months : UK-insured reciprocal healthcare entitlement documents (valid EHIC / GHIC). For stays over 6 months : Private Health insurance covering the entire validity of the visa (up to 1 year), except for retirees receiving a British retirement pension who may provide the S1 Form delivered by the NHS.
For stays in France up to 6 months : UK-insured reciprocal healthcare entitlement documents (valid EHIC / GHIC). For stays over 6 months : Private Health insurance covering the entire validity of the visa (up to 1 year), except for retirees receiving a British retirement pension who may provide the S1 Form delivered by the NHS.

Accommodation
Proof of residency of the host in France: rental agreement or property title or, if applicable, statement signed by the host confirming the establishment in France. Any particular situation will require an explanation letter.

Funds
Last 3 months bank statements (UK account/savers) showing your full name and address, as evidence that you have enough funds for the whole duration of the stay.* If you are financially sponsored by your spouse/partner : marriage certificate and bank statements of your spouse/partner.


*€1,231 net per month


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## xabiaxica (Jun 23, 2009)

Anyone can already spend up to 90 days in Spain. 

The issue here, is that in order to spend more than 90 days in Spain, it is required that one either has a resident visa or if a resident visa isn't needed, then it is still a requirement in Spain, that one registers as resident.

So while that visa might allow free travel around the Schengen zone, it still won't be possible to stay in Spain, or any other country which requires registration, for more than 90 days. 

Regarding the S1. Thus far, both before & since Brexit, the DWP isn't issuing S1s until someone is _already resident. _so at the moment, as far as applying for visas is concerned, the applicant still initially needs private health cover.


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## asiasi (Mar 19, 2021)

Your heading in confusing...it says spending "less than" 90 days... I think you meant 
'Legal' route to spending >90 days in Spain. Arrowhead to the right for more than.


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## xabiaxica (Jun 23, 2009)

asiasi said:


> Your heading in confusing...it says spending "less than" 90 days... I think you meant
> 'Legal' route to spending >90 days in Spain. Arrowhead to the right for more than.


I'm glad I wasn't the only one confused when the words & symbols didn't match (former maths teacher here  ) 

I'll edit the title


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## MataMata (Nov 30, 2008)

A typo but surely only the obtuse could misunderstand the intended meaning!

The point is the visa mentioned permits travel throughout the Schengen area for periods in excess of 90 days EVEN IF IT DID MEAN APPLYING FOR RESIDENCY which is something simply not possible otherwise.

I put it out there for those who might wish to look into it, personally I have my residency so couldn't care less.

End of topic for me.


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## proud.to.be.EUROPEAN (Feb 14, 2020)

Here we go again, another pipe dream of cheating on Schengen rules.
That link is for French national visa, nothing to do with Schengen.

Schengen rules regulate stays of upto 90 days in EU states, members of treaty.
Every other stay longer then 90 days is NOT cover by any Schengen rules, but by local national law.

French national visa longer then 90 days, grants longer stay only in France, nowhere else!
Once you step outside France and enter another Schengen member state, 90 day clock starts.
Yes, there are no border controls, but all travel but by road is recorded.

So, yes, one could stay longer then 90 days in another Schengen state, but risk being found out and deported. You take your chances, not recommended!


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## xabiaxica (Jun 23, 2009)

MataMata said:


> A typo but surely only the obtuse could misunderstand the intended meaning!
> 
> The point is the visa mentioned permits travel throughout the Schengen area for periods in excess of 90 days EVEN IF IT DID MEAN APPLYING FOR RESIDENCY which is something simply not possible otherwise.
> 
> ...


A 3rd country citizen CANNOT 'apply for residency' from within Spain (except for a student visa). They MUST have a resident visa in place, applied for in their country of usual residence, if they wish to stay in Spain for more than 90 days.


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## vianina (Feb 25, 2020)

proud.to.be.EUROPEAN said:


> Here we go again, another pipe dream of cheating on Schengen rules.
> That link is for French national visa, nothing to do with Schengen.
> 
> Schengen rules regulate stays of upto 90 days in EU states, members of treaty.
> ...


All travel by road is recorded? How so?


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## DonMarco (Nov 20, 2016)

xabiaxica said:


> Anyone can already spend up to 90 days in Spain.
> 
> The issue here, is that in order to spend more than 90 days in Spain, it is required that one either has a resident visa or if a resident visa isn't needed, then it is still a requirement in Spain, that one registers as resident.


Rubbish..........I am a Swiss resident and can spend up to 183 days in Spain without becoming a resident (registering or otherwise). All I have to do do is leave the country temporarily before day 90.


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## Do28 (Dec 21, 2010)

proud.to.be.EUROPEAN said:


> Yes, there are no border controls, but all travel but by road is recorded.


No its not.


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## xabiaxica (Jun 23, 2009)

DonMarco said:


> Rubbish..........I am a Swiss resident and can spend up to 183 days in Spain without becoming a resident (registering or otherwise). All I have to do do is leave the country temporarily before day 90.


OK, more than 90 *consecutive* days in Spain, which I, clearly wrong, thought would be understood.

However, even residents of Schengen countries, if they are 3rd country citizens, are still only permitted 90/180 days in Schengen, excluding their country of residence.


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## Do28 (Dec 21, 2010)

xabiaxica said:


> OK, more than 90 *consecutive* days in Spain, which I, clearly wrong, thought would be understood.
> However, even residents of Schengen countries, if they are 3rd country citizens, are still only permitted 90/180 days in Schengen, excluding their country of residence.


You know its only the British that are obsessed by rules....... We are a nation that terrifies ourselves into a corner......


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## proud.to.be.EUROPEAN (Feb 14, 2020)

vianina said:


> All travel by road is recorded? How so?


I meant to say all but road travel is recorded.


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## proud.to.be.EUROPEAN (Feb 14, 2020)

flybe said:


> No its not.


Oh, yes it is. Only road travel is not recorded, for now. There are plans to add that in future, not that difficult with coaches and smart cams. Passenger data collection was expanded from air travel to include all other transports.


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## Do28 (Dec 21, 2010)

proud.to.be.EUROPEAN said:


> Oh, yes it is. Only road travel is not recorded, for now. There are plans to add that in future, not that difficult with coaches and smart cams. Passenger data collection was expanded from air travel to include all other transports.


Provide proof of that please. There is no tracking of people once inside the Schengen Zone when travelling by road. The checks are done on entry to the zone and thats it. I have to sit through a very dull aviation security course every year and I can assure you that you are wrong. I can also tell you that we don't collect passenger data inside the zone on other forms of transport not even aircraft.

However I will play the game, give me a link to prove your claim.


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## xabiaxica (Jun 23, 2009)

flybe said:


> You know its only the British that are obsessed by rules....... We are a nation that terrifies ourselves into a corner......





flybe said:


> You know its only the British that are obsessed by rules....... We are a nation that terrifies ourselves into a corner......


Overstaying Brits might just find that they wish they HAD followed the rules. 
Plenty of other overstaying 3rd country citizens who thought that they had 'got away with' overstaying have found that they were unable to enter the Schengen zone the next time they tried.


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## proud.to.be.EUROPEAN (Feb 14, 2020)

flybe said:


> Provide proof of that please. There is no tracking of people once inside the Schengen Zone when travelling by road. The checks are done on entry to the zone and thats it. I have to sit through a very dull aviation security course every year and I can assure you that you are wrong. I can also tell you that we don't collect passenger data inside the zone on other forms of transport not even aircraft.
> 
> However I will play the game, give me a link to prove your claim.


As I said in my post, currently there is no data collections on road users, but can be easily implemented with ANPR/ALPR.
Are you saying aviation security courses cover national intelegence gathering process? Dont think so.

Travel data on inter-EU flights has been collected by most EU states for some time.





EUR-Lex - 52020XC1026(01) - EN - EUR-Lex







eur-lex.europa.eu






https://ec.europa.eu/home-affairs/system/files/2020-07/20200724_com-2020-305-review_en.pdf



Data is also collected on rail and sea travel, but information about it is not widely published.


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## MataMata (Nov 30, 2008)

proud.to.be.EUROPEAN said:


> As I said in my post, currently there is no data collections on road users, but can be easily implemented with ANPR/ALPR.


Could be but isn't and likely never will be, a crucial distinction.

Regardless while cars might be trackable unless physically intercepted their occupants are not.


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## xabiaxica (Jun 23, 2009)

Whether people & cars are tracked in & out by road is immaterial.

Should the police stop someone for any reason, & it appeared that they had overstayed, the onus isn't on the police to prove the overstay, but on the 'holidaymaker' to prove that they haven't.


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## timwip (Feb 27, 2017)

Can´t we just conclude that the original poster has not provided "a legal route to stay in Spain greater than 90 days"?


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## timwip (Feb 27, 2017)

xabiaxica said:


> Whether people & cars are tracked in & out by road is immaterial.
> 
> Should the police stop someone for any reason, & it appeared that they had overstayed, the onus isn't on the police to prove the overstay, but on the 'holidaymaker' to prove that they haven't.


Agreed. Shoplifting is illegal regardless of whether you get caught or not. At this point, we are just arguing whether you will get caught in an illegal act or not.


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## badImage (Jun 11, 2013)

Do28 said:


> You know its only the British that are obsessed by rules....... We are a nation that terrifies ourselves into a corner......


Have you met Germans?


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## Do28 (Dec 21, 2010)

badImage said:


> Have you met Germans?


Good point!!!


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