Question
I know someone who has overstayed the 90 day rule. What happens for UK nationals when they go through passport control in Spain on the way back to the UK when they have done more than the allowed 90 days??
Answers
These are the answers of some Facebook group members:
“Illegal immigrants caught at the border or refused entry, 2019 statistics. https://ec.europa.eu/eurostat/statistics-explained/index.php?title=Enforcement_of_immigration_legislation_statistics#Returns_of_non-EU_citizens“
“Never heard of it happening YET”
“I know British nationals fined and given warning.”
“When we recently left Spain, flying from Alicante, no one (except the airline staff at check-in) even looked at our passports, no stamp, nothing. Absolutely no check; we are a little concerned that next time we will go, they are going to say you can’t come in as you never left.”
“I haven’t heard anything regarding British nationals being pulled on overstaying”
“I think they might be a bit lean on it right now while covid gets priority but as soon as that ends they will crack down”
“Living in Gibraltar and being in and out if Spain a lot I would advise you try to get a stamp to show you are in UK if you have already left. If you are stamped in you should ask them for a stamp out if they don’t do it automatically. I would definately make a call to check your situation.”
“https://www.thelocal.es/…/briton-denied-entry-to-spain…/The Local Spain has some articles like the one linked to.Issue seems to be, reading news reports, that you can leave easily enough but re-entering would be a problem”
“If you overstay your Schengen visa, you’ll be fine(d). There was once an American lady on another group who said she had once overstayed her [Schengen] visa in Switzerland by a few days and was made to pay like CHF2,000 for the few extra days she’d spent in the country / the Schengen Area.Now some of you will say “Oh, but that didn’t happen in Spain*, and she’s not even British” etc etc. Well, unlike the UK, Switzerland is in the Schengen Area, so the same rules apply to non-EU travellers, such as Britons. Some people will get away with overstaying their [Schengen] visa scot-free; some will not. I wouldn’t advise trying to find out for oneself which group they belong to.”
“I’ve heard of two occasions recently where UK citizens have been fined €300 and €500 for overstaying by a few days. I think they’ll get progressively less lenient.”
In conclusion, it appears that the consequences of overstaying the 90 day rule for UK nationals in Spain can vary. Some Spainguru’s Facebook group members have reported not facing any issues at passport control when returning to the UK, while others have reported being fined for overstaying their visa. It is important to note that the situation may have changed due to the COVID-19 pandemic and the EU’s focus on controlling the spread of the virus. Additionally, as with any legal or immigration matter, it is best to seek professional advice. Some suggestions from the group members include getting a stamp from the UK border control to show that you have left the country, or contacting the UK embassy for advice. It is also worth noting that if you are caught overstaying your visa, you may be fined, and in some cases be denied entry to the EU in the future. It is important to be aware of the rules and regulations of your visa and to plan accordingly to avoid any potential issues.
Read also: What are the options to leave Spain for someone who overstayed more than 90 days in the country?
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