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-   -   Non Lucrative Visa & returning to UK (https://britishexpats.com/forum/spain-75/non-lucrative-visa-returning-uk-947872/)

tdrinker May 7th 2023 5:41 am

Re: Non Lucrative Visa & returning to UK
 
Better to follow the rules as that way you should get the visa if you meet the terms. Not following the rules means taking pot luck, it might work but you could end up in a legal quagmire. Further, if you are somewhere illegally, do you have medical cover, can you legally drive, etc.? All is well provided nothing goes wrong, but if it does .... Personally, I don't have the constitution to try and sneak in somewhere through the cracks and hope I don't get found out - I prefer to be legal and sleep at nights.

Lou71 May 7th 2023 5:46 am

Re: Non Lucrative Visa & returning to UK
 
I wouldn't read too much into this particular case, they sound like a pair of fully paid up Brexiters trying to make a point. There is no guarantee they were entirely truthful either.

They obviously have an ongoing application hence their trip back to the UK and they probably showed the border official some supporting documents which is why they were not penalised.




rbs_gb May 7th 2023 5:48 am

Re: Non Lucrative Visa & returning to UK
 
I'm with Lou71 on this, as there is a major flaw in their story. The visa is permanently embossed into the passport, so how can the consulate do that if they only have a photocopy?

Barriej May 7th 2023 6:41 am

Re: Non Lucrative Visa & returning to UK
 

Originally Posted by rbs_gb (Post 13191227)
I'm with Lou71 on this, as there is a major flaw in their story. The visa is permanently embossed into the passport, so how can the consulate do that if they only have a photocopy?

You are allowed to leave with your passports and return at a later date once the consulate have sorted through the paperwork. Its not the first time Ive heard of this..

My friend who did it all the proper way (they have a house here and a car already) left their passports and will go back to collect them as they are not worried about when they get here (you can get them sent to your home as well). They were given the choice if they had holidays planned.

As to the other two, Ive spoken to one of them who confirmed what they told others, no checks no stops no issues...
The Manchester consulate just handed them back their passports and said they would be in touch when they had to return for the visa to be attached once the paperwork had been checked over.
I do however hope they get caught out...

Id happily dob them in if I could find an easy way to do it.....

They could be lying and have not even been for the NLV appointment BUT they are definitely here and I know for a fact that they went back to the UK last week....



rbs_gb May 7th 2023 6:54 am

Re: Non Lucrative Visa & returning to UK
 
Fair enough. I should have been more careful with what I said there because although I have the personal experience a sample size of one isn't always reliable!

Barriej May 7th 2023 8:36 am

Re: Non Lucrative Visa & returning to UK
 

Originally Posted by Lou71 (Post 13191225)
I wouldn't read too much into this particular case, they sound like a pair of fully paid up Brexiters trying to make a point. There is no guarantee they were entirely truthful either.

They obviously have an ongoing application hence their trip back to the UK and they probably showed the border official some supporting documents which is why they were not penalised.

Actually they are the most middle of the road Tory voters who voted remain and think the rules only apply to them as long as it works in their favour, otherwise they dont bother or blame everyone else..
The NLV application is on going as they went for the interview, it takes anything from 4 to 10 weeks at the moment for decision.
I for one hope they get found out as, but it wont be their fault as they paid someone else to sort all the stuff while they languished here doing up the villa without getting any permits (something else they rejoice about at every occasion as it saved them money).

Do you seriously think only Brexit voters are stupid?????

Not wishing to get into that debate because the third option was never discussed although it was the perfect solution.
But who cares now? What should be happening is everyone getting together to make the best of whats been given.
My gran is probably spinning in her urn as the UK seems to have lost that 'can do' spirit and just whinges all the time, with everyone else blaming everyone but themselves.....Id slap the lot of them but thats probably against some law now, in case it offends.... :lol:

Barriej May 7th 2023 8:39 am

Re: Non Lucrative Visa & returning to UK
 

Originally Posted by rbs_gb (Post 13191237)
Fair enough. I should have been more careful with what I said there because although I have the personal experience a sample size of one isn't always reliable!

No its not a problem, I agree hanging would be too good for them.

I know of two people who have had fines and bans from overstaying the 90 days.
One a Canadian work mate and another an Aussie who lives in the village.

I have at the moment three sets of friends (well one is a distant cousin) who are going through the NLV, two have left their passports behind the third is on holiday in the States and was given his back so he could travel..

tdrinker May 7th 2023 9:51 pm

Re: Non Lucrative Visa & returning to UK
 

Originally Posted by Barriej (Post 13191247)
... while they languished here doing up the villa without getting any permits (something else they rejoice about at every occasion as it saved them money).

Any chance this will cause them a problem when it's time to sell?

astera May 7th 2023 9:52 pm

Re: Non Lucrative Visa & returning to UK
 

Originally Posted by rbs_gb (Post 13189559)
...quite possibly they could end up with a large red stamp in their passport. That could stop completely their NLV application.
...I was told they only see the length of time on the current visit i.e the last date of entry into Spain. That is supposed to be rectified in the new EU entry/exit system

The red stamp is just a formality, but surely the person's personal details are in some EU-Schengen computer system that ensures they cannot return for whatever period of time they have been banned for. Otherwise we'd see lots of "early passport renewals" with offenders believing they could come back with a clean slate by just getting fresh documents...

The border system sees the current visit (not previous ones), but given that it has just this one purpose it's quite surprising that it hasn't caught that couple out during their recent exit...


Originally Posted by Barriej (Post 13191206)
They had to get every page in their passports photocopied and were then given them back with no comments
...
I know the UK isn't innocent but I hope its got better controls than this now..

This is normal, the contact person during the appointment just collects the required documents and then a completely different person analyses the application at a later date. I'm fairly sure they'll notice the entry/exit dates, the question is whether they'll knowingly let it go or not given they were previously allowed to leave Spain without anything being mentioned.

As for the UK, what controls does it have when EXITING the country? :) Am I missing something here because I don't recall ANY.


Originally Posted by Barriej (Post 13191248)
I know of two people who have had fines and bans from overstaying the 90 days.
One a Canadian work mate and another an Aussie who lives in the village.

If the Aussie tries hard enough maybe he can pick up a second passport, possibly even a British one. At that point I wonder whether he'll start juggling with them (two passports, two separate sets of stamps, etc.).

rbs_gb May 7th 2023 10:02 pm

Re: Non Lucrative Visa & returning to UK
 
Astera, each member state is responsible for its external schengen border, but the concept of sharing that information between member states is what the new EU entry/exit system is meant to achieve. That system was meant to be in place in 2021 and is now scheduled for 2024. When it comes to penalties and fines, even the EU says "to be for repeat offenders". I suspect some borders are being rather more relaxed about picking up some of these offences waiting for the unified system to enter into service. At that point (maybe!) attitudes will have to change.

tdrinker May 7th 2023 10:05 pm

Re: Non Lucrative Visa & returning to UK
 
Some countries are probably also more relaxed because they want the money foreigners spend in their country.

rbs_gb May 7th 2023 10:07 pm

Re: Non Lucrative Visa & returning to UK
 

Originally Posted by tdrinker (Post 13191297)
Some countries are probably also more relaxed because they want the money foreigners spend in their country.

:thumbsup:
This link is where the EU wants to get to: https://home-affairs.ec.europa.eu/po...exit-system_en

EDIT: This quote sort of sums up the current situation: "It will also record refusals of entry. EES will replace the current system of manual stamping of passports, which is time consuming, does not provide reliable data on border crossings and does not allow a systematic detection of over-stayers (travellers who have exceeded the maximum duration of their authorised stay)."

astera May 7th 2023 10:12 pm

Re: Non Lucrative Visa & returning to UK
 

Originally Posted by rbs_gb (Post 13191295)
Astera, each member state is responsible for its external schengen border, but the concept of sharing that information between member states is what the new EU entry/exit system is meant to achieve.

Good point about some countries being more relaxed about this :) , and once someone leaves (even late) then other countries will never be able to look this up in the future (even if there was no penalty for it). The general idea is to create a huge database that not only logs current ins/outs but also archives all historical travel data.

The current system is still a Schengen-wide system in many aspects. Try to leave Spain and they know when you entered even if it was via a different Schengen country (entry-point). Also, I believe that anyone barred from a single Schengen country will show up in the system for all to see, so in effect 'a ban in one means a ban in all'.

Lou71 May 8th 2023 1:41 am

Re: Non Lucrative Visa & returning to UK
 

Originally Posted by Barriej (Post 13191247)
Actually they are the most middle of the road Tory voters who voted remain and think the rules only apply to them as long as it works in their favour, otherwise they dont bother or blame everyone else..
The NLV application is on going as they went for the interview, it takes anything from 4 to 10 weeks at the moment for decision.
I for one hope they get found out as, but it wont be their fault as they paid someone else to sort all the stuff while they languished here doing up the villa without getting any permits (something else they rejoice about at every occasion as it saved them money).

Do you seriously think only Brexit voters are stupid?????

Not wishing to get into that debate because the third option was never discussed although it was the perfect solution.
But who cares now? What should be happening is everyone getting together to make the best of whats been given.
My gran is probably spinning in her urn as the UK seems to have lost that 'can do' spirit and just whinges all the time, with everyone else blaming everyone but themselves.....Id slap the lot of them but thats probably against some law now, in case it offends.... :lol:

If they voted Remain, I have sympathy for them because they have had part of their citizenship removed against their will and that stinks.




Lou71 May 8th 2023 1:43 am

Re: Non Lucrative Visa & returning to UK
 

Originally Posted by astera (Post 13191299)
Good point about some countries being more relaxed about this :) , and once someone leaves (even late) then other countries will never be able to look this up in the future (even if there was no penalty for it). The general idea is to create a huge database that not only logs current ins/outs but also archives all historical travel data.

The current system is still a Schengen-wide system in many aspects. Try to leave Spain and they know when you entered even if it was via a different Schengen country (entry-point). Also, I believe that anyone barred from a single Schengen country will show up in the system for all to see, so in effect 'a ban in one means a ban in all'.

Sounds good to me.


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