# Brexit 90 day rule



## Juleyooley (Jan 24, 2021)

Hello we own our property in Spain and have been visiting for the winter months for 15 years. we are unable to apply for residencia or retire at present. We have been told that we are eligible for dual Irish/British passports would that help us in being able to stay for more than than the 90 days ?


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## xabiaxica (Jun 23, 2009)

Juleyooley said:


> Hello we own our property in Spain and have been visiting for the winter months for 15 years. we are unable to apply for residencia or retire at present. We have been told that we are eligible for dual Irish/British passports would that help us in being able to stay for more than than the 90 days ?


welcome  

Strictly speaking, no, it would make no difference, since EU citizens aren't supposed to spend more than 90 consecutive days in the Schengen region / Spain without registering as resident. 

That said, as you have already discovered in the past 15 years, there aren't really any checks carried out on EU citizens overstaying.


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## xabiaxica (Jun 23, 2009)

Just one more point. The 90/180 day rule is nothing to do with Brexit.

It has long been the rule for the Schengen zone for tourists, but it's only now, with Brexit that British passport holders are seeing their passports stamped & will find that they have to stick to the rules.


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## timwip (Feb 27, 2017)

xabiaxica said:


> Just one more point. The 90/180 day rule is nothing to do with Brexit.
> 
> It has long been the rule for the Schengen zone for tourists, but it's only now, with Brexit that British passport holders are seeing their passports stamped & will find that they have to stick to the rules.


As a United States citizen, I get the passport stamps. Last year, I had the immigration authorities count the days on my passport to make sure that I did not exceed the 90 of 180. As a result, they really do look at the passport stamps.


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## MataMata (Nov 30, 2008)

I read somewhere recently that due both to demand and COVID the projected time frame for obtaining an 'Irish by decent' passport now extends into years.


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## Joppa (Sep 7, 2009)

MataMata said:


> I read somewhere recently that due both to demand and COVID the projected time frame for obtaining an 'Irish by decent' passport now extends into years.


Last I heard is 2-3 years after they start accepting new applications, which is paused because of Covid restrictions.


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## Matt S (Apr 16, 2015)

For various reasons I have overstayed in Spain, I'm now ready to go back to the UK, do I just turn up at the airport, pay a fine or do I need to go to my local town hall/immigration etc?

All advice is sincerely appreciated.


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## Overandout (Nov 10, 2012)

I don't think there is any value to trying anything else unless you have a way to regularise your situation. 

If you know you have overstayed and cannot defend that, just cross your fingers at the immigration desk! 

That said, if you have any documents which could help you, like proof of cancelled previous flights, needing to be in Spain for exceptional cirumstances like caring for an elderly relative, illness or hospitalization making travel impossible, etc. I would certainly have those printed off and ready.

Oh, and please report back on how they treat you! There are a lot of people interested in this type of situation!


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## Matt S (Apr 16, 2015)

Overandout said:


> I don't think there is any value to trying anything else unless you have a way to regularise your situation.
> 
> If you know you have overstayed and cannot defend that, just cross your fingers at the immigration desk!
> 
> ...


Thank you and will report back, the British Consul couldn't tell me what to do!


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## xabiaxica (Jun 23, 2009)

Matt S said:


> Thank you and will report back, the British Consul couldn't tell me what to do!


Unless you actually plan to stay living in Spain you'll just have to take your chances. 

You might get through, no fine, no interrogation, no telling off, but then if/when you try to return to the Schengen zone, you might find that a short or long term ban has been recorded against you.


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## Matt S (Apr 16, 2015)

xabiaxica said:


> Unless you actually plan to stay living in Spain you'll just have to take your chances.
> 
> You might get through, no fine, no interrogation, no telling off, but then if/when you try to return to the Schengen zone, you might find that a short or long term ban has been recorded against you.


Well I tried calling the police station and town hall to make an appointment, none of them were able to help. So I turned up at the airport, scanned my passport, the gate opened and that was the end of any drama


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## xabiaxica (Jun 23, 2009)

Matt S said:


> Well I tried calling the police station and town hall to make an appointment, none of them were able to help. So I turned up at the airport, scanned my passport, the gate opened and that was the end of any drama


Let us know what, if anything, happens next time you return to the Schengen region


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## Matt S (Apr 16, 2015)

xabiaxica said:


> Let us know what, if anything, happens next time you return to the Schengen region


Get a new passport is the answer on that.


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## MataMata (Nov 30, 2008)

According to the Schengen Border Guard manual an exit stamp cannot be placed in a passport without a corresponding entry stamp, there is even a suggested procedure for cancelling a mistakenly applied stamp which is by simply striking it out with two parallel lines.

On that basis technically nobody leaving now having been here since before Jan 1st. ought to expect an exit stamp and if they did get one it would be invalid and irrelevant.

Whether the system still records them as overstayers is another question, I would suspect not as with no actual proof of when a person entered the Schengen area it cannot be stated for certain that they had in fact exceeded 90 days.

They don't have the resources to interrogate everyone they might suspect of being an overstayer so pragmatically the first time of leaving could be regarded as a freebie. It's not inconceivable however that that records _are_ kept and that it suddenly becomes a problem next time you attempt to enter.

Stamps or not though if you did get flagged as an overstayer it would be astonishing if the mere act of replacing a passport wiped the slate clean.

A note for the OP: I presume if you have driving licences they will be UK ones but there is now a question mark that if you enter as Irish citizens those may no longer be valid to drive with in Spain particularly in a Spanish regged car.


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## xabiaxica (Jun 23, 2009)

Matt S said:


> Get a new passport is the answer on that.


So you knowingly overstayed & now you plan to get a new passport to enable you to avoid complying with the law in the future...


Since encouraging illegal activity is against forum rules, I'm closing this thread.


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