bobd22

Totally agree

Lou71

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.

Notdunroamin

They will be checking 2018 because 4 years is the limit for going back over tax returns.

VEDShappy

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.

Mark604

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.

Fred James

The soon to be introduces EES system will check entry and exit dates automatically.

Mark604

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?

Lou71

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.

Mark604

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?

Lou71

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.

missile

"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.

Lou71

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.

DLC

Well, you've got three days to declare your entry at a police station - policía nacional - see article 13 paragraph 2 here.

Bomber Harris

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.

missile

My post was referring to the OP.
If you must be pedantic
"Not when accompanied by their partner who is an EU national"