Spain has not expelled any Brits!
#121
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That thought had occurred to me - or at least that no one who had done had crossed the Spanish external Schengen border. But there's that geezer Barrie knows who's done so and got the stamps to prove it, allegedly.
I think we're mixing 2 distinct scenarios here in any case, by talking both about people who've allegedly been living in Spain for years and potential shorter term visitors who breach the 90/180 but apparently don't get pulled for it. The latter does surprise me, I must admit. Maybe they treat breaches by visa waiver countries' citizens differently to those who need a visa and overstay?
One of the things which does strike me about the long-termers is that EU member states operated 2 different systems when it came to Brexit-related residence documents. Some (like Spain and Portugal) operated a declaratory system, which didn't require UK nationals to apply for a new status, the rest a constitutive system where status would be lost unless applied for by a set deadline. In the declaratory system countries, not having residence documents is far less of a problem than in constitutive, because as long as you could prove that you'd been resident prior to the end of the transition period, you could still acquire the necessary document as you wouldn't necessarily have committed any offence which warranted deportation. Failures, possibly, on various administrative matters, which we all obviously take very seriously, but maybe something the more benevolent regimes wouldn't sling people out for. Plus, anybody staying in country and never crossing the external Schengen border is highly unlikely to be detected as an overstayer provided they don't fall foul of the suthorities on some other matter.
I think we're mixing 2 distinct scenarios here in any case, by talking both about people who've allegedly been living in Spain for years and potential shorter term visitors who breach the 90/180 but apparently don't get pulled for it. The latter does surprise me, I must admit. Maybe they treat breaches by visa waiver countries' citizens differently to those who need a visa and overstay?
One of the things which does strike me about the long-termers is that EU member states operated 2 different systems when it came to Brexit-related residence documents. Some (like Spain and Portugal) operated a declaratory system, which didn't require UK nationals to apply for a new status, the rest a constitutive system where status would be lost unless applied for by a set deadline. In the declaratory system countries, not having residence documents is far less of a problem than in constitutive, because as long as you could prove that you'd been resident prior to the end of the transition period, you could still acquire the necessary document as you wouldn't necessarily have committed any offence which warranted deportation. Failures, possibly, on various administrative matters, which we all obviously take very seriously, but maybe something the more benevolent regimes wouldn't sling people out for. Plus, anybody staying in country and never crossing the external Schengen border is highly unlikely to be detected as an overstayer provided they don't fall foul of the suthorities on some other matter.
#122

Very informative Red Eric and a valid distinction between the two types of overstayer. I wonder if the other distinction you make, between countries, would explain in part at least why the Netherlands and Sweden suddenly shot to the top of the table for expelling Brits? Ray
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#124
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I would have thought people being refused entry from Gibraltar would have shown up, maybe it's easier to bark at visitors than fill in the paperwork.
There might also be something that wouldn't show up, which would be overstaying detected on the way out and a warning along the lines of "you've overstayed three months, don't come back within the next year because you won't get in".
But in any case, none of us have overstayed (or at least overstayed and caught) so none of us knows what happens when you are caught, and none of us has better info than Eurostat.
The only conclusion we can draw is it's better to choose Spain than Sweden for a holiday.
There might also be something that wouldn't show up, which would be overstaying detected on the way out and a warning along the lines of "you've overstayed three months, don't come back within the next year because you won't get in".
But in any case, none of us have overstayed (or at least overstayed and caught) so none of us knows what happens when you are caught, and none of us has better info than Eurostat.
The only conclusion we can draw is it's better to choose Spain than Sweden for a holiday.

As already mentioned, most overstayers are of the 'good' variety and will not get caught unless they do something naughty or try to do something that flags them up, like work, study etc.
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The sad thing is here it is the law abusers who have got away without being fined while the law abiders have paid to comply with the rules. To get residence does not come cheap as we all know. Just ignoring the rules has, so it appears, been free in Spain. That leads to a feeling that justice has not been done.
Last edited by Moses2013; May 15th 2023 at 4:47 pm.
#127
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I don't know about that and still early days. At the end of the day you can only get away with it until something happens and suddenly these people might have to go to hospital and realise they have no health cover etc. It was the same with illegal builds in Spain and while some got away with it, that changed too. It's still better to know you've done it legally and can sleep at night.
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The sad thing is here it is the law abusers who have got away without being fined while the law abiders have paid to comply with the rules. To get residence does not come cheap as we all know. Just ignoring the rules has, so it appears, been free in Spain. That leads to a feeling that justice has not been done.
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I'm a bit confused, which health card? Ehic/ghic or a Spanish health card? If its EHIC/GHIC surely that's what it's for necesarry immediate treatment. Would he have got say long term treatment or would he have got necesarry treatment to return to UK for ongoing treatment?
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I'm a bit confused, which health card? Ehic/ghic or a Spanish health card? If its EHIC/GHIC surely that's what it's for necesarry immediate treatment. Would he have got say long term treatment or would he have got necesarry treatment to return to UK for ongoing treatment?
Last edited by rbs_gb; May 16th 2023 at 12:10 pm.
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https://www.nhs.uk/using-the-nhs/hea...ur-healthcare/
Last edited by Moses2013; May 16th 2023 at 12:00 pm.
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Yes, you're right. This part of the thread came about because I posted about a frequent visitor system that is little known and little used. Basically, if you are a frequent visitor or staying longer than 6 weeks, it is possible to register with a public health GP as a non resident. It us fundamentally the EHIC/GHIC system, except that instead of going to A&E or a medical centre, you can go to a GP. It's not liked at many medical centres, and they often will claim it can't be done. If a non resident tries to get a prescription from a medical centre, they will often send you to a private GP and won't even attend to you. If you are registered with the GP, you just get an appointment. Emergency cover as described in the incident above, is what EHIC/GHIC/Insurance is for.
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Several years ago the young daughter of friends of ours who had a holiday home here fell and broke her arm. I went with them to A&E and follow-up appointments to translate, and we were directed to the local centro de salud for them to arrange the follow-up. When I told the administrator they had a holiday home here she said she would register the child as a temporary patient for one year, with her EHIC, in case further treatment was needed. I am not sure whether that could have been extended beyond the initial one year period, though.

Last edited by rbs_gb; May 16th 2023 at 12:07 pm.
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Several years ago the young daughter of friends of ours who had a holiday home here fell and broke her arm. I went with them to A&E and follow-up appointments to translate, and we were directed to the local centro de salud for them to arrange the follow-up. When I told the administrator they had a holiday home here she said she would register the child as a temporary patient for one year, with her EHIC, in case further treatment was needed. I am not sure whether that could have been extended beyond the initial one year period, though.
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Yes agreed I know someone who had this extended medical care given by using an ehic, he was registered at our Centro Salud and could use it the same as if he were on an S1. I don't know how long they allowed him to do that or how he went on for prescription charges? I believe the discounted prescription we pensioners get is linked not only to our S1 but also somehow to our Spanish tax registration? I may be wrong on that one. That said the use of authorised use of EHIC/GHIC and the authorities saying you can be registered with Centro Salud is different to it being allowed for all non residents. It's possible if spanish authorities authorise it dependant on circumstances.