Retrospective Visa
Jan 5th 2021 | 11:37 pm
#1
Thread Starter
Just Joined
Joined: Jan 2021
Posts: 2
Retrospective Visa
Hi I came over to Spain on 4th November to avoid the UK lockdown, I was only going to stay a month but am still here and now not planning to return to UK until the COVID situation is resolved. I prefer to stay here as I am COVID negative and the numbers are escalating in my home area. When I came over it was before Brexit but now we are past that and for a stay of greater than 90 days it seems as if I need a Visa, can I apply for one retrospectively or am I making it too complicated? I will only want a tourist visa as I am financially self sufficient.
Jan 6th 2021 | 12:20 am
#2
BE Forum Addict
Joined: Aug 2009
Posts: 3,669
From: Costa Blanca
Re: Retrospective Visa
I would say you have 90 days from 1-1-21 under the new post-Brexit rules then you have to leave the country or risk being here illegally.
But I am not an expert on this new era of UK residents being non-EU.
Worth a look here
https://www.gov.uk/foreign-travel-ad...y-requirements
IT includes this statement 'Any time you spent in Spain or other Schengen countries before 1 January 2021 does not count towards your 90-day visa-free limit.'
But I am not an expert on this new era of UK residents being non-EU.
Worth a look here
https://www.gov.uk/foreign-travel-ad...y-requirements
IT includes this statement 'Any time you spent in Spain or other Schengen countries before 1 January 2021 does not count towards your 90-day visa-free limit.'
Jan 6th 2021 | 12:29 am
#3
Lost in BE Cyberspace
Joined: Aug 2006
Posts: 5,426
From: Velez-Malaga
Re: Retrospective Visa
There is no such thing as a tourist visa, and any other kind must be applied for in your home country before coming to Spain, they cannot be applied for retrospectively. See the website of the Spanish Consulate in London for information regarding visas for UK citizens.
http://www.exteriores.gob.es/Consula...ges/Visas.aspx
http://www.exteriores.gob.es/Consula...ges/Visas.aspx
Jan 6th 2021 | 3:59 am
#4
Started off with nothing
Joined: Feb 2009
Posts: 4,987
Re: Retrospective Visa
I am sure there are many who will overstay. I very much doubt they will be found out unless they come to the attention of the authorities, e.g. get stopped for motoring offence or visit hospital.
There does not appear to be a severe penalty for those who overstay >>>
There does not appear to be a severe penalty for those who overstay >>>
An Interior Ministry spokesman previously told Connexion there is no specific penalty in the case of a person who is exempt from a short-stay Schengen visa (which includes British visitors) overstaying the 90 days. However, he said that should you be asked to show your papers, for example while crossing an internal Schengen border, you could be requested to leave the zone within 30 days if it is discovered you have overstayed. He said there would be no other penalty as long as you left within this time but when you leave, border officials may note that you overstayed and this could remain on your file and possibly be used as justification for refusing you a residency card if you were later to apply for one.
Jan 6th 2021 | 4:50 am
#5
Lost in BE Cyberspace
Joined: Feb 2008
Posts: 6,172
Re: Retrospective Visa
In the past I would agree there seemed to be no real consequence to ignoring the rules but as we all know UK citizens are now 3rd country Nationals so things may change. Here's an outline of what could happen.
https://www.schengenvisainfo.com/new...hengen%20area.
https://www.schengenvisainfo.com/new...hengen%20area.
Jan 6th 2021 | 5:03 am
#6
Thread Starter
Just Joined
Joined: Jan 2021
Posts: 2
Re: Retrospective Visa
Thanks to all, I think it’s logical to consider ongoing options towards the end of March by which time hopefully the UK gov will have sorted themselves out a bit. I also don’t want to miss out on the Vaccine.
Jan 6th 2021 | 5:06 am
#7
Started off with nothing
Joined: Feb 2009
Posts: 4,987
Re: Retrospective Visa
Interesting article which seems to contradict what the Interior Ministry spokesman said. Like many aspects of Brexit there appears to be little agreement and less understanding.
In OPs situation
In my opinion, Covid is unlikely to change before April. If she overstays, she may find she is caught on exiting Spain and denied entry if and when she wants to visit again.
In OPs situation
not planning to return to UK until the COVID situation is resolved.
Jan 6th 2021 | 6:00 am
#8
Joined: Jun 2006
Posts: 11,231
From: Granada Costa
Re: Retrospective Visa
That is the punishment for an overstay of even one day over 90 days. A nasty stamp in your passport which will stop you from entering any Schengen country for at leat one year.
