Over 90 days in Spain

For the last three years I have spent part of the winter in Spain, always less than 90 days, next year I plan to spend 98 days there. Has anyone on here done similar and do the Spanish turn a blind eye. I’ll be travelling in and out of Malaga airport.

First, which country is your residential address? Is it an EU or non EU country? If UK, then be aware of Brexit. Properly no one knows how that will end up in the future, I suppose.
According to the rules, you actually have to leave the country and return to your residential address before the 90 days. Why take the risk?

If you are being tempted to do such thing, you should just know the following things:
First thing that you should know, is that an overstayed visa never goes unnoticed. The immigration authorities have registered in their databases every person that enters and leaves the Schengen, and every overstaying, even just for a day, is recorded.

Secondly, intentional or unintentional, no overstaying is left unpunished. It could be a fine, immediate deportation or even getting banned from entering the Schengen Zone for a specific amount of time.

Finally, yet importantly, it does not matter if you have entered Schengen territory on a Schengen Visa, or if you are the national of a country, to which a visa waiver has been applied. You are not allowed to overstay the 90 days amount of permitted stay per 180 days, even if you belong to one of the latter. It does not also matter if you are overstaying a Schengen tourist visa or you are overstaying a student visa. There is a visa overstaying penalty for each, and if you do such thing, you will get yours.

https://www.schengenvisainfo.com/news/c … ngen-area/

Hi Spitfire617,

Your topic is now on the Spain forum.

Good luck,
Christine

Brexit will change everything but at present, no record is made when an EU national travels from one country within the EU to another.    So there is no record of when a Brit enters Spain, except the airline record.

So leaving Spain after 98 days would not become a problem unless for some reason one was investigated by say the tax authority or the police.

If Brexit happens , then no one knows what will be the case afterwards

My husband works in a different country while I live full time in Spain.  They are very particular about stamps in the passport, so the best I can tell you is that it depends on whether you receive an entry stamp and what happens when you go through customs.  If the customs agent is doing their job when you enter, then yes, it matters.
However, sometimes they don't care...such as when we entered with both of our cats.  We had all of their paperwork and we tried to give everything to the customs agents and they pretended not to see us.  Although it was not our intention...it's possible that our cats are illegal aliens here, only because the agents in the Barcelona airport refused to process their paperwork.

Hi @eliwh, can you confirm this statement "According to the rules, you actually have to leave the country and return to your residential address before the 90 days." Can one not just go anywhere outside of Schengen but must go home? Can one not go to South Africa or America for 90 days and come back to Schengen?

Back to OP, Spitfire617 The UK is now leaving on the 31st October unless a deal can be made, so as it stands now, you will be able to stay 98 days without any trouble.

Vonster   

I am sure it is that one must leave the Schengen area no later than after 90 days.  Not that you have to go to a particular country

If you are an EU national; you cannot stay more than 90 days PERMANENTLY unless you apply for EU Citizen Registration

It´s in her first reply, the shorter one. Yes that´s what i thought. Thank you @ Johncar

Vonster.1 :

Hi @eliwh, can you confirm this statement "According to the rules, you actually have to leave the country and return to your residential address before the 90 days." Can one not just go anywhere outside of Schengen but must go home? Can one not go to South Africa or America for 90 days and come back to Schengen?

Hi and welcome back.

My understanding is that after 90 days in the Schengen zone, non-Schengen nationals must leave it; the only stipulation is that it must be to a non-Schengen country and you can't return on a further Schengen visa until a further 90-days has lapsed (unless you apply for and obtain a different kind of visa; the fact you are applying for a different visa does not mean you can stay until that is granted).

Hope this helps.

Cynic
Expat Team

In can be anywhere outside the Schengen zone Vonster.1.

Thank you all.. as I´m in the middle of this 90 days thing..

And I just love the saying "The UK is NOW leaving on ddmmyy UNLESS a deal can be made.
:D :D :D

Almost sadder than Bieber and Gomez

Vonster am I right you are a Hong Kong National?   If that is so then Brexit of course does not / will not,  affect you as far as being permitted to live in spain

It does actually, as my investments in London are negatively affected until things are clear either way. Can still make fun though. :D :D:D

My family and I reside in Spain under a non lucrative visa; I am retired.  I am from US, my wife and step son are from Philippines.

After my son graduates from high school, he may go to college in Canada.  We are considering living in Spain longer than 90 days, but shorter than 180 days. 
1) Can we do that under our existing Visa?
2) If not, what sort of visa would be required?

Thanks and regards

So wrong.

Alexandre Geoffrey :

So wrong.

Care to explain what is wrong?

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