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UK expat living in Germany how many days can I stay in Spain

UK expat living in Germany how many days can I stay in Spain

Old May 14th 2022, 3:29 pm
  #31  
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Default Re: UK expat living in Germany how many days can I stay in Spain

Originally Posted by Lou71 View Post
Do you seriously think the authorities are going to go to those lengths to prove you (a German resident) might have slightly overstayed in Spain or elsewhere in Schengen? They will certainly do it as part of a criminal investigation but for every UK national who is resident in an EU state?

That said, British tourists who overstay will be very easy to pick up, especially with ETIAS and EES looming.
Totally agree
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Old May 14th 2022, 3:58 pm
  #32  
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Default Re: UK expat living in Germany how many days can I stay in Spain

Originally Posted by bobd22 View Post
Totally agree
Thank you.

And before anyone accuses me of suggesting that people break the law, I'm not. I'm not suggesting anyone does anything, I'm merely stating fact.

Now you will understand why I campaigned with others to allow onward freedom of movement for UK nationals resident in EU states -- I was still British back then. This was during the Brexit negotiations but the dead heads in the UK government vetoed it.
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Old May 14th 2022, 4:37 pm
  #33  
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Default Re: UK expat living in Germany how many days can I stay in Spain

Originally Posted by Ronnyone View Post
Incidentally another friend got the black envelope this week so it looks like the are checking 2018 now.
They will be checking 2018 because 4 years is the limit for going back over tax returns.
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Old May 14th 2022, 6:08 pm
  #34  
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Default Re: UK expat living in Germany how many days can I stay in Spain

Originally Posted by bobd22 View Post
Even pre Brexit with the old 90 day rule I always thought it would be far easier for other European nationals to overstay. Where we are there are lots . We tend to only consider that it's only Brits bending the rules when in fact I'm sure other Europeans do as well.
I was in Mazarron for a week late last year.
I met several Germans who "move" there from October to March every year.
They don't register anywhere but the campsite office. I doubt that there has been, or will be, any sanction for this unless they come to the attention of whatever authority for a more serious reason.
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Old May 14th 2022, 6:31 pm
  #35  
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Default Re: UK expat living in Germany how many days can I stay in Spain

Lou71, you said - "Do you seriously think the authorities are going to go to those lengths to prove you (a German resident) might have slightly overstayed in Spain or elsewhere in Schengen?"
Not the point. And no I don't. As I said - "It does make me wonder what actual standard of proof is accepted." - and then I said also - "Nothing to this, just letting my mind wander."
In effect, a form of "
Gedankenexperiment."
I'm sorry my English is not good enough resulting in the mistaken inference, i.e. that the authorities would be bothered and devote the time and effort to it.
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Old May 14th 2022, 6:43 pm
  #36  
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Default Re: UK expat living in Germany how many days can I stay in Spain

The soon to be introduces EES system will check entry and exit dates automatically.
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Old May 14th 2022, 7:16 pm
  #37  
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Default Re: UK expat living in Germany how many days can I stay in Spain

Is the EES system relevant for the OP in that he is already in the EU?
Plus myself for that matter and I think it had no effect or relevant when crossing a land border within the EU?
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Old May 14th 2022, 8:03 pm
  #38  
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Default Re: UK expat living in Germany how many days can I stay in Spain

Originally Posted by Mark604 View Post
Is the EES system relevant for the OP in that he is already in the EU?
Plus myself for that matter and I think it had no effect or relevant when crossing a land border within the EU?
The EES and ETIAS systems only apply to third country nationals (not EU nationals) entering the Schengen zone and I don't think either will apply to third country EU residents entering the zone but I've never bothered to delve too deeply into it because I'm an EU national. There are no land borders within the Schengen area so it's not relevant when travelling by road between Schengen countries. I've no idea how it will work at airports, for example, travelling between Frankfurt and Malaga.

One thought regarding the OP's situation... the 90 day rule does not apply if your spouse/partner is an EU national as long as you are travelling together.
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Old May 14th 2022, 8:25 pm
  #39  
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Default Re: UK expat living in Germany how many days can I stay in Spain

That's interesting - "....the 90 day rule does not apply if your spouse/partner is an EU national as long as you are travelling together."
But only if the partner is a national of the EU country you are going to? E.g. if my wife is a Spanish national and I'm a UK or another EU national, I can stay in Spain over the 90 days. But not if we are both just EU nationals of another country other than Spain.
Otherwise the whole issue of Germans overstaying is a moot point, no?
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Old May 14th 2022, 9:00 pm
  #40  
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Default Re: UK expat living in Germany how many days can I stay in Spain

Originally Posted by Mark604 View Post
That's interesting - "....the 90 day rule does not apply if your spouse/partner is an EU national as long as you are travelling together."
But only if the partner is a national of the EU country you are going to? E.g. if my wife is a Spanish national and I'm a UK or another EU national, I can stay in Spain over the 90 days. But not if we are both just EU nationals of another country other than Spain.
Otherwise the whole issue of Germans overstaying is a moot point, no?
It doesn't matter which EU state your partner is from, the third country partner any EU national can stay for 183 days in any EU state as long as you travel together.

I wrote to the EU for clarity on this and they suggested travelling with supporting documentation as proof of a durable partnership.
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Old May 14th 2022, 9:00 pm
  #41  
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Default Re: UK expat living in Germany how many days can I stay in Spain

"But not if we are both just EU nationals of another country other than Spain." No .......... If both are nationals of any EU nation you are not subject to 90/180 rule.

OP is a UK national resident in Germany and is subject to 90/180 rule whilst visiting other countries in the schengen area.

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Old May 14th 2022, 9:29 pm
  #42  
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Default Re: UK expat living in Germany how many days can I stay in Spain

Originally Posted by missile View Post
is a UK national resident in Germany and is subject to 90/180 rule whilst visiting other countries in the schengen area.
Not if their partner is an EU national - see above. I wrote to the EU and they confirmed it.

Important point, freedom of movement for EU nationals and their partners trumps everything. The EU protects the rights of its nationals.
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Old May 14th 2022, 11:12 pm
  #43  
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Default Re: UK expat living in Germany how many days can I stay in Spain

Originally Posted by Bomber Harris View Post
The Spanish immigration law (Royal Decree 557/2011) puts the onus on you, as a third country citizen, to declare your entry into Spain. It doesn't matter whether you overstay 90 days or not, failing to declare your entry immediately makes you an illegal immigrant and subject to a fine, arrest, deportation and prohibition from entering Spain in the future.
Well, you've got three days to declare your entry at a police station - policía nacional - see article 13 paragraph 2 here.
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Old May 15th 2022, 5:40 am
  #44  
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Default Re: UK expat living in Germany how many days can I stay in Spain

Originally Posted by DLC View Post
Well, you've got three days to declare your entry at a police station - policía nacional - see article 13 paragraph 2 here.
I think you've misinterpreted my post although I can see how that could occur, In hindsight I should have written "failing to declare your entry in accordance with the link I posted on post 9 immediately makes you an illegal immigrant". Sorry for the lack of clarity.
Paragraph 2 exists to cover the eventuality of there not being an official available at the border (as is often the case on Schengen internal borders) for people to comply with paragraph 1.

Last edited by Bomber Harris; May 15th 2022 at 5:52 am.
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Old May 15th 2022, 6:30 am
  #45  
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Default Re: UK expat living in Germany how many days can I stay in Spain

Originally Posted by Lou71 View Post
Not if their partner is an EU national - see above. I wrote to the EU and they confirmed it.

Important point, freedom of movement for EU nationals and their partners trumps everything. The EU protects the rights of its nationals.
My post was referring to the OP.
If you must be pedantic
"Not when accompanied by their partner who is an EU national"
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