help re: Staying over 90 days in Spain due to lockdown
 

Hi everyone,

Looking for some advice on our weird situation. We arrived in the Canary Islands on March 10th for a 2 month stay in apartment accommodation (not usual holiday let), and were almost immediately locked down. We're very happy staying where we are (balcony faces the sun in the afternoon ;-)

We were going to move on elsewhere in Europe after that (we travel a lot) , but it now seems far more sensible, in fact probably mandatory, to stay put into June. I can easily see us needing to stay even longer than that, perhaps into July before we leave.

Which brings me to my question. I'm aware that in normal circumstances one is not meant to stay over 90 days without applying for a residence permit. Does anyone know if in this bizarro-world any special dispensation has been made for people who end up staying slightly longer?

If not, what's the best thing to do? I certainly don't want to fall foul of the law, but at the same time recognise that flagging ourselves up to the authorities might not be wise either, and it may be a case of letting sleeping dogs lie and just ensure we're well out of there before falling foul of the 183-day rule. Alternatively, should we just have a chat with the local council? (we're in a not particularly touristy town)

One other factor to mention just in case it's relevant is that in the long term we're hoping to live in Spain one day (just not quite yet!). As a UK citizen, my plan at the moment is to hitch a ride as co-habitee with my wife who is an EU citizen. I don't know if that'll influence the answer at all, but thought i'd mention it just in case.

Thanks all!

Re: help re: Staying over 90 days in Spain due to lockdown
 

Visa applications and overstay

Member States' consulates should remain open and ensure minimum service for processing visa applications by travellers exempted from the temporary travel restrictions.

Non-EU travellers who have to stay in the EU longer than they are authorised to because of travel restrictions should not be penalised. For travellers currently present in the Schengen area on a short-stay visa who are compelled to stay longer than their visa allows them to, Member States may extend the visa up to a maximum stay of 90 days in any 180 days. In addition, Member States should issue a long-stay visa or a temporary residence permit to short-stay visa holders and those travelling visa-free who are compelled to stay beyond 90 days in any 180 days.

Member States are also encouraged to waive sanctions on non-EU travellers who would be unable to leave in time because of travel restrictions. Overstays linked to travel restrictions should not be taken into account when processing future visa applications. https://ec.europa.eu/commission/pres...l/en/ip_20_543

Re: help re: Staying over 90 days in Spain due to lockdown
 

Thanks for that Moses. I guess the key bit from the guidance as applies to us (that I can see anyway) is the bit that says:

"For visa-waived third-country nationals who are compelled to stay beyond the extended 90/180 days, a national long-stay visa or a temporary residence permit should be issued by the competent national authorities"

This sounds all very sensible if it's actually happening that way in Spain in practice. Has anyone gone through this process?

Re: help re: Staying over 90 days in Spain due to lockdown
 

As it was not your intention to stay 90 days (2 months rental right?) then I would not worry I cannot see the system enforcing any penalties on you

Lots of 'swallows' have been staying longer than 90 days for years and I never hear of them having problems.

Re: help re: Staying over 90 days in Spain due to lockdown
 

Remember British citizens aren't yet third-country nationals for all practical purposes until the implementation period ends at the end of the year, which may well be extended given the current crisis. So staying longer than 3 months doesn't make you an illegal, though you are supposed to register as resident. Until EU starts stamping British passports, there is no consistent proof of how long you have been staying.

Re: help re: Staying over 90 days in Spain due to lockdown
 

Thanks Joppa, Spainrico,

Yes it's one of those situations.I agree It seems highly improbable I'd face any problems, especially in these unprecedented circumstances.

Yet, Im that kind of guy who's the one who does get caught by some petty bureaucrat after a piece of paper. I might try the route of seeking temporary residence as per the formal guidelines. I feel sure that they won't have a clue what to do when I go to the local police station though! :-)

Re: help re: Staying over 90 days in Spain due to lockdown
 

Up to you - I would keep a very low profile.

Re: help re: Staying over 90 days in Spain due to lockdown
 

Hola

There is an excellent Blevins Franks article just out
www.chifra.org - How might the global lockdown affect your UK tax residency?

Usual disclaimer that I have no interest in Blevins Franks except as a satisfied customer

Davexf

Re: help re: Staying over 90 days in Spain due to lockdown
 

Maybe an idea to read the Gov.uk/Spain and see if anything is mentioned. Or seek general advice without saying where/who you are from the British Embassy in Madrid

Re: help re: Staying over 90 days in Spain due to lockdown
 

When the EU has gone to great lengths to ensure that people can "get back home" no matter about any lock-down or closed borders, nor whether you need to transit other countries to get home, I'd be very sceptical about being able to claim, after the fact, that you were "unable" to return home because of a lock-down.

Re: help re: Staying over 90 days in Spain due to lockdown
 

The subject in questions is discussed in this article - although it does not give any definitive answers as it has not been officially addressed yet...

https://www.expansion.com/opinion/20...83f8b4618.html

Re: help re: Staying over 90 days in Spain due to lockdown
 

See here https://britishexpats.com/forum/spai...ionals-932313/

You could post your question directly...............

Re: help re: Staying over 90 days in Spain due to lockdown
 

Fare wide.I would not spend to much time thinking of this there is to much else to think of, these are exceptional times.The Spanish authorities are very good i would when the time is right make your arrangements and i am sure all will be good and every one will understand.all the best

Re: help re: Staying over 90 days in Spain due to lockdown
 

Agree.

There is a world of difference between being forced into overstaying and choosing to by making no attempt to return home.

The authorities don't need to stamp passports, there are other ways of finding out where people have been always remembering that the onus is on you to prove whatever you claim not on them to disprove.

Re: help re: Staying over 90 days in Spain due to lockdown
 

It is not always so black and white.

I personally know someone who had been self isolating for about 6 weeks, due to others in the same house having symptoms.
This was going on when there were flights available, but to risk infecting other passengers would have been the height of stupidity.
So no attempt was made to book a flight.
Everyone involved is now recovered, we don't actually know if they had the virus, as not been tested.
These are strange times and I'm sure that allowances will be made for 'overstayers'.