# Overstays



## Nakabandi (Jul 25, 2019)

How does Spanish immigration and police know when a Brit non resident overstays? I think my neighbours are doing this; they have been here 8 years. :spy:


----------



## Alcalaina (Aug 6, 2010)

Since Britain is in the EU, there is no such thing as an overstay. They have the freedom to live in any member state.


----------



## xabiaxica (Jun 23, 2009)

Nakabandi said:


> How does Spanish immigration and police know when a Brit non resident overstays? I think my neighbours are doing this; they have been here 8 years. :spy:


At the moment they don't. It's highly unlikely that they would be caught, unless they came to the attention of the police for something else.

They haven't overstayed per se. They have failed to register, if indeed they haven't registered. 


When or if Brexit happens that will all change of course.


----------



## Juan C (Sep 4, 2017)

Of course the easy way for the police, hacienda etc to prove how long one has lived here is to ask a neighbour. 

Then of course if one has used say a credit card, bank transfers, utility accounts, driven a vehicle ( Automatic vehicle recognition cameras ) left some sort of trail, etc. then again simple

I believe if the authorities say you have overstayed / not declared income / not paid taxes / failed to conform with regulations, etc then it is up you prove otherwise. 

I understand from a gestor friend there are many people who have not registered and not paid their dues. Brexit may mean problems for some !


----------



## Alcalaina (Aug 6, 2010)

Juan C said:


> Of course the easy way for the police, hacienda etc to prove how long one has lived here is to ask a neighbour.
> 
> Then of course if one has used say a credit card, bank transfers, utility accounts, driven a vehicle ( Automatic vehicle recognition cameras ) left some sort of trail, etc. then again simple
> 
> ...


You are talking about non-EU citizens. It isn't illegal for any EU citizen to live in Spain without registering as resident, in the sense that you can't be deported.

Failure to declare income, pay taxes, re-register vehicles etc is another matter of course, and that's the case whether you are registered or not.


----------



## Juan C (Sep 4, 2017)

Sorry I thought my post made it apparent that living here without abiding by the law / regulations can carry many more potentially serious problems than failing to register as an U.K.Citizen resident here 

I was answering the question of how the authorities could establish that they have stayed 8 years 

Without knowing more about the OPs actual situation it is impossible to say if they may have serious problems or not

This may help the OP

https://europa.eu/youreurope/citize...ties/registering-residence/spain/index_en.htm


----------



## Alcalaina (Aug 6, 2010)

Juan C said:


> Sorry I thought my post made it apparent that living here without abiding by the law / regulations can carry many more potentially serious problems than failing to register as an U.K.Citizen resident here


Yes, but the OP was specifically asking about "overstays".


----------



## Nakabandi (Jul 25, 2019)

xabiaxica said:


> At the moment they don't. It's highly unlikely that they would be caught, unless they came to the attention of the police for something else.
> 
> They haven't overstayed per se. They have failed to register, if indeed they haven't registered.
> 
> ...


I did not know there was no thing such as overstay. I was not asking about the if’s and but’s of BREXIT. I did not know everyone is guilty unless you can prove innocent. I did state clearly Brits so don’t know why non EU citizen has been brought into the subject. They are Scottish does that make a difference?layball:


----------



## Juan C (Sep 4, 2017)

Naka. 
Sorry mate I just read your original post again. I had failed to notice you were concerned about your neighbour and not yourself. Had I seen that I would not have posted anything. Within reason I believe what my neighbours do is none of my business.


----------



## northernlights (Aug 2, 2019)

Nakabandi said:


> How does Spanish immigration and police know when a Brit non resident overstays? I think my neighbours are doing this; they have been here 8 years. :spy:


A--- mind your own beeswax. 
B---drop a dime on them, knowing full well it is what you really want to do or why ask on here?


----------



## northernlights (Aug 2, 2019)

Juan C said:


> Of course the easy way for the police, hacienda etc to prove how long one has lived here is to ask a neighbour.
> 
> Then of course if one has used say a credit card, bank transfers, utility accounts, driven a vehicle ( Automatic vehicle recognition cameras ) left some sort of trail, etc. then again simple
> 
> ...


''Brexit may mean problems for some'', i suspect there is quite a bit of 'puckering up'' at the moment within the expat communities.


----------



## Nakabandi (Jul 25, 2019)

xabiaxica said:


> At the moment they don't. It's highly unlikely that they would be caught, unless they came to the attention of the police for something else.
> 
> They haven't overstayed per se. They have failed to register, if indeed they haven't registered.
> 
> ...


I always thought it was a good citizen’s duty to inform the authorities when others are breaking the law. Perhaps times have changed, which will be welcomed by law breakers.

Would you inform in order to assist the police or pretend you don’t know or care?


----------



## northernlights (Aug 2, 2019)

Nakabandi said:


> I always thought it was a good citizen’s duty to inform the authorities when others are breaking the law. Perhaps times have changed, which will be welcomed by law breakers.
> 
> Would you inform in order to assist the police or pretend you don’t know or care?


Sorry mate but you are now coming across as the dormitory snitch here, let me add to my previous list of options,,,,,

A--- mind your own beeswax.
B---drop a dime on them, knowing full well it is what you really want to do or why ask on here? 
C,,,, go and live in North Korea.


----------



## Juan C (Sep 4, 2017)

Naka. Nothing personal but I get the impresión you want your neighbour to be in trouble. However the general opinion here is that no crime has been committed. 

Sounds as if you want us to get involved in a neighbour despite. No thanks mate.


----------



## xabiaxica (Jun 23, 2009)

While staying here for 8 years without registering is technically against the law, they wouldn't be jailed nor deported, so one indeed wonders why the OP is so interested. At most they would be fined.

Of course they should have been doing tax returns here in that time - & might well have been doing so. Indeed they might even have registered.


Brexit is of course relevant because if/when it happens, Brits will get their passports stamped, so anyone who has been here for a long time without registering will find that they won't be able to come & go as freely as previously, & that at some stage passport control will deny them entry, if they have stayed more than 90 in the previous 180 days.

That won't affect them right now. But eventually it will. 


I'll leave it up to the OPs conscience as to whether or not to report them.


----------



## Nakabandi (Jul 25, 2019)

xabiaxica said:


> While staying here for 8 years without registering is technically against the law, they wouldn't be jailed nor deported, so one indeed wonders why the OP is so interested. At most they would be fined.
> 
> Of course they should have been doing tax returns here in that time - & might well have been doing so. Indeed they might even have registered.
> 
> ...


Well if it’s only technically against the law no need to bother, but I am not sure what that term means. Anyway I will not bother and take your good advice.


----------



## Nomoss (Nov 25, 2016)

nakabandi said:


> how does spanish immigration and police know when a brit non resident overstays? I think my neighbours are doing this; they have been here 8 years. :spy:


myob


----------



## xabiaxica (Jun 23, 2009)

Nakabandi said:


> Well if it’s only technically against the law no need to bother, but I am not sure what that term means. Anyway I will not bother and take your good advice.


Hmm, not sure where I gave advice...


----------



## Nomoss (Nov 25, 2016)

Nakabandi said:


> I always thought it was a good citizen’s duty to inform the authorities when others are breaking the law. Perhaps times have changed, which will be welcomed by law breakers.
> 
> Would you inform in order to assist the police or pretend you don’t know or care?


If I were your neighbour I could probably quite easily find a reason to denounce you

Depends who chucks the first rock, I suppose.


----------



## Nakabandi (Jul 25, 2019)

Nakabandi said:


> How does Spanish immigration and police know when a Brit non resident overstays? I think my neighbours are doing this; they have been here 8 years. :spy:


WOW a lot of hostilities on here, what have I done wrong?

Is it because I am a new member or is it SMILE – YOU ARE ON CANDID CAMERA.:kiss:


----------



## Juan C (Sep 4, 2017)

Error Deleted.


----------

