Does anyone have experience of exiting the country after exceeding the 90 day ‘allowance’ ?
No - but my first thought is that exiting is unlikely to be the problem. Coming back in, however…
I imagine consequences could range from an awkward conversation as they stamp your passport on the way out, to deportation if they find you still in Schengen past the 90 days.
According to this document, ‘A non-EU national who stays in the Schengen area beyond 90 days (without a residence permit or long-stay visa) is illegally present, which can result in a re-entry ban to the Schengen area.’
Right now I doubt it would be a big problem…after all was the passport in question stamped on the way in? In future it could be.
I’ll bet an electronic record was made.
If what Priti Patel and her Borderforce has being doing to EU nationals is anything to go by I wouldn’t advocate exceeding the 90 days Jayne.
But Priti Patel is Home Secretary of the UK…Gérard Darmanin is not quite as evil.
The question was leaving after exceeding 90 days in Schengen area I thought not in the UK.
Thank you for your responses, very helpful.
Do you think there won’t be reciprocity Jane
I’ve just read through this and I’m still confused about the 90 day rule for UK residents with permanent cds. We’ve been here 23 years and want want to spend 4 months of the winter in Spain as we have done for the last few years .
I have copied, below, what seems pertinent from the Schengen site and think I understand that as a French resident we are not liable for the 90 day rule. Am I correct?
The border-free Schengen Area guarantees free movement to more than 400 million EU citizens, along with non-EU nationals living in the EU or visiting the EU as tourists, exchange students or for business purposes (anyone legally present in the EU). Free movement of persons enables every EU citizen to travel, work and live in an EU country without special formalities. Schengen underpins this freedom by enabling citizens to move around the Schengen Area without being subject to border checks.
You are only not liable to the 90 day rules int he country of your residence. So no you won’t be able to spend 4 months in Spain.
You are a French resident, but you are not an EU citizen so this does not apply to you. Remember Brexit? You only get 90 days or have to have a visa.
Unless you can get a Spanish visa to cover the stay.
British Passport holder = Third Country National (TCN) in Europe.
Thank you for your replies.
It was this phrase “free movement to more than 400 million EU citizens, along with non-EU nationals living in the EU” which I found ambiguous.
Being a law abiding TCN it seems that I shall have to adhere to the law,of Schengen.
Unless I’m mistaken (which happens frequently in days ending in Y), the U.K. is not and never was part of the Schengen Area.
Quite correct Guy, John Major refused to sign up to it (so much for those nasty Europeans imposing their will on poor old UK!).
His reasons at the time were understandable as it coincided with the troubles in NI and the last thing he wanted (after the IRA rocket attack on No 10) was to give citizens of the ROI full and free access to the UK without borders. There were more complexities than just that, but it gives the general tenor.
That said, even though the UK was not part of Schengen, a UK national - once in the Schengen area - had freedom of movement within the area as they were members of the European Community but since Brexshit of course, they no longer are so revert to TCN status.
Generally, there are no borders within the Schengen area (they all but disappeared after Schengen) and whilst TCNs are known to exploit that to move about freely - a good example being refugees entering Spain, France and Italy in particular heading for the land of milk and honey, with streets paved in gold - once discovered they can legally be removed back to the point of their entry to the area, making it clear that they have no implicit right to FoM.
Freedom of movement within the Schengen area but, as a tcn, not freedom to stay as long as you like (90 day rule) but I can’t see anybody checking!