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Has the 90-day stay in Spain rule been misinterpreted?

By David Searl • Published: 25 Jun 2021 • 9:25

The 90/180-day Schengen Area rule explained and how to calculate your stay

Image - Ben Gingell/shutterstock

Q.- I think that the rule of 90-day stay in Spain has been misinterpreted in recent press coverage and that a stay of 180 days is possible.

I enclose the EU response to my question on the subject, and nowhere do I see a requirement to leave the ‘Schengen area’ between 90-day stays. Would this not make it possible to unite two stays of 90 days, one at the end of 180 days and the other at the beginning of the next 180-day period?

M B (e-mail)

A.- You are right to observe that nowhere in the complicated EU response to your query does it specifically say that a person must leave the ‘Schengen area’ for 90 days. The Schengen area actually includes the 26 EU countries.

In the full set of 90-day stay regulations issued by the EU, it is made clear that any person, EU or not, is limited to a tourist stay of 90 days in a 180-day period in any country not his own. After that period, he must leave the EU or, if he is a citizen of the EU, return to his home country for 90 days before he can return.

Send your questions for David Searl through lawyers Ubeda-Retana and Associates in Fuengirola at Ask@lawtaxspain.com, or call 952 667 090

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David Searl

You and the law in spain Send your questions for David Searl through lawyers Ubeda-Retana and Associates in Fuengirola at Ask@lawtaxspain.com, or call 952 667 090.

Comments

    • David Neylon

      02 September 2021 • 21:44

      I’m still con fused the 90 days.I will complete 56 days in France leaving 8 October for UK.I then normally enter Spain just before Xmas for 3 months.will this be possible.thanks

    • Marilyn Killingback

      21 September 2021 • 10:10

      Good morning,

      I have been trying to book a Brittany Ferries crossing. We stayed 32 days in June/July and now are here for a further 58 days making a total of 90 days between June and beginning of November. We have found that the ferry crossing we require on 3rd Nov is full. Will the emigration authorities ignore such a small discrepancy? Marilyn 21/09/21

    • Carnen

      15 April 2022 • 10:14

      This is so confusing and not really doing spain any real good for anyone not Spanish

    Comments are closed.

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