EU/Schengen: How Sticky is it Really?

[TorontoGMan]

Greeting Peregrinos!
The good news: I've created "bookends" for my next trip to Spain....in SJPP, working for the Reception office in May, and then in SdC in July, with a planned departure following St. James' Day...likely heading to Porto on the weekend.
The issue is, apparently I'm pretty bad with math, as I've exceeded my 90 day window!
I've never had the impression that the 90 day thing was, well, a THING, as I crossed to Porto and flew out without any issues...BUT was never close to the 90 day window before.

This amazing forum has really helped with my newbie questions in the past, and with my planned focus on service this coming year (with any help pointing me to some albergues that could use a trained hospitelero) I'm looking for anyone's knowledgeable feedback about this issue?

Kind regards,
gary

 

[JCLima]

Is it possible that you will have no problems? Yes.

Should you make changes to your plans to make sure you respect the rules/law? Also yes.

 

[CTLawGal]

I personally wouldn't want to risk exiting after 90 days, I've done some preliminary research to figure out how I could walk for up to 100 or 110 days for a longer Camino, and if there is some kind of visa that you can apply for, it doesn't look easy and might be expensive... Still working through this as it is more for future planning purposes, but interested to learn if others have any experience doing it officially.

 

[Tincatinker]

If you’ve no plans to revisit the countries of the Schengen zone after that trip you’ll be fine. Otherwise the “overstayed” stamp in your passport might cause problems on your next visit.

 

[roving_rufus]

How close to the 90 days are you? How tight is your schedule?
Could a few days in UK using a cheap flight get you out of Schegan/EU ?- it doesn't reset the clock to zero but simply doesn't count in the 90 days

 

[Kathor1]

working for the Reception office in May, and then in SdC in July

Nobody knows how sticky it is really. However, in the summer of 2025, there is a greater chance than ever before that you might end up in an EU-wide database of overstayers so don't rely on old anectodes. And if you want to visit again later, they will know about what you did last time in 2025 ...

 

[CTLawGal]

I found this article about applying for a visa to stay longer - apparently Spain has a few options for long-term visas, there's a link to the consulate page that has the application. You'll have to check to see if you qualify, I see that you're in Canada - price is about 500 euros for Canadians, 125 euros for Americans - go figure.

Your Guide to (Legally) Staying in Europe for More Than 90 Days

Many people want to stay in the Schengen Zone longer than 90 days. This is a guide to show you how to legally do just that!

www.nomadicmatt.com

Here are the basic requirements, doesn't look easy (leaving Schengen and returning might be easier, if that really works?):

• Demonstrate more than 26,000 euros in savings
• Proof of private health insurance (from an authorized company in Spain not travel insurance)
• A doctor’s note certifying that you’re healthy
• A criminal background check translated into Spanish

 

[donalomahony]

Previous discussion:

Thread 'Overstayed 90 days? From UK?'

Mar 11, 2023

I'm English and I'm thinking about overstaying my 90 day limit by 2 or 3 days, flying out of Santiago...(this is so I can squeeze in a stint as a volunteer hospitalero).
Anyone have experience of this? What happened? Wrist-slap? Fine? Not allowed to go back ever?
TIA, Cole

• SushiNinja
• travel-documents/insurance
• Replies: 99
• Camino de Santiago Forum: 🧳 Traveling & Transport to/from/along the camino

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[C clearly]

When you pass the 90 day limit, you will be illegally in the country. Never a good plan.

 

[MickMac]

How close to the 90 days are you? How tight is your schedule?
Could a few days in UK using a cheap flight get you out of Schegan/EU ?- it doesn't reset the clock to zero but simply doesn't count in the 90 days

You could go to Ireland 26 counties and remain in EU but not in Schengen.

 

[J Willhaus]

Why risk it, especially if you want to return again?

 

[CWBuff]

Pretty much same sentiment as all above
Respect the law it's there for a reason.
Once we start breaking it no telling where another person will take it

 

[Flog]

Pretty much same sentiment as all above
Respect the law it's there for a reason.

I wouldn't be one for respecting laws, necessarily. But complying, certainly.. if you have plans to return in the future..

 

[henrythedog]

If you break it up by getting out of Schengen for a day or two; so as to get an exit stamp and a new entry stamp, you’ll very likely get away with it. There is still no electronic system recording your compliance - it relies on checking the physical stamps.

Exit with your last entry 90+ days ago and there’s a high probability of being caught. Exit with an entry clearly <90 days ago and it’s remarkably unlikely that anyone’s going to do the maths, especially if they’ve not bought some ink for the stamps recently. Many of mine were illegible when stamped.

Of course, the right thing to do is obey the law.

If the worst happens and you get sent on your way with an ‘overstayed’ stamp, just renew your passport when you get home as there’s no electronic record of that either.

The Schengen (and UK) systems may be saying goodbye to the 19th century in the next few years, but not yet.

 

[naplesdon]

I don't think Henry is correct. You can not just exit Schengen for a days or so to Moscow and come back and still continue another 90 days.

 

[henrythedog]

I don't think Henry is correct. You can not just exit Schengen for a days or so to Moscow and come back and still continue another 90 days.

Legally, no you can’t - you are correct. It’s 90 out of the last 180 days you can stay, so a weekend in Moscow only extends your elapsed time in Schengen by 2-3 days.

I was commenting on the very low probability of getting caught as the system is totally manual and relies on often illegible physical stamps applied in no logical sequence.

Once the long-advertised electronic systems are installed it’ll be a different matter.

 

[Peterexpatkiwi]

@TorontoGMan, I have no personal experience however a quick search found this:

Overstayed your 90 day limit in Spain? | SGM Abogados

Visitors to Spain from non-EU countries are subject to the 90-day rule, which states that they can only stay for 90 days out of 180. But how strictly is this rule enforced - and what happens if you...

sgmlegalspain.com

 

[dougfitz]

Really a rhetorical question, but assuming the start and end dates are relatively fixed, how much time can you make by re-arranging your commitments to make a side trip outside the Schengen zone? Get down to Morocco for a few days, or anywhere else outside the Schengen zone. My experience is that border control officers will check all entries in the last 180 days and are quick to work out whether you are still legal. Stamp legibility didn't seem to be an obstacle last time they scrutinized my passport where there were multiple entries and departures in the previous months.

ps I am not sure whether it would be possible to go to Gibraltar. It seems that after Brexit, there are now special arrangements for it to be included in the Schengen Zone even though the remainder of the UK has moved out of the EU.

 

[CTLawGal]

I'm thinking we should not be advising people to do things that are not legal, based on the probability of getting caught. This is a retired lawyer talking, but it's just my two cents

 

[dougfitz]

I'm thinking we should not be advising people to do things that are not legal, based on the probability of getting caught. This is a retired lawyer talking, but it's just my two cents

. This forum is full of bush lawyers and outright scoff laws. Just look at the discussion on taking trekking poles as cabin baggage.

 

[henrythedog]

I'm thinking we should not be advising people to do things that are not legal, based on the probability of getting caught. This is a retired lawyer talking, but it's just my two cents

You may have missed - or chosen to ignore - the:

Of course, the right thing to do is obey the law.

 

[Rick of Rick and Peg]

The good news: I've created "bookends" for my next trip to Spain....in SJPP, working for the Reception office in May, and then in SdC in July, with a planned departure following St. James' Day...likely heading to Porto on the weekend.

All of May 1 to July 31 is 92 days so I don't see the problem; it looks like if you leave SdC after July 25 you are okay. Skip Porto and head for home immediately (or out of Schengen anyway). Don't wait for the last day; things may come up that could delay your flight.

Edit: If you finish your SJPdP to SdC camino early you could go to Porto before your pilgrim office stint or take a flight to the UK, Ireland or Morocco for a short visit to pause the Schengen clock and have enough time for your Porto visit.

 

[CTLawGal]

This forum is full of bush lawyers and outright scoff laws. Just look at the discussion on taking trekking poles as cabin baggage

To all the bush lawyers and scoff laws out there, it's one thing to advise someone where the risk is losing some trekking poles, another thing where the risk to future entry is possible... just sayin...

 

[Tincatinker]

Not yet. UK and EU (Spain) are still negotiating about the Gibraltar agreement.

The idea that the UK and Spain could ever come to agreement over Gibraltar has been a source of amusement and bewilderment for the natives either side of La Linea for decades. Confused often by the fact that Gib is not part of the UK. Which is why you’ll need your passport to get in or out. The days when a flight from London to Gib was regarded as an “internal” flight are long gone

There are those that might argue that title to Jabal Ṭāriq vests somewhere south of the Strait

 

[alexwalker]

Legally, no you can’t - you are correct. It’s 90 out of the last 180 days you can stay, so a weekend in Moscow only extends your elapsed time in Schengen by 2-3 days.

I was commenting on the very low probability of getting caught as the system is totally manual and relies on often illegible physical stamps applied in no logical sequence.

Once the long-advertised electronic systems are installed it’ll be a different matter.

Stay with the rules; do not try to bend them. It may only hurt you in the future.

 

[Elena peregrina]

with any help pointing me to some albergues that could use a trained hospitelero

To answer this part of your question…. If you have completed the HosVol training and this is your first time and you would like to volunteer at a HosVol run donativo albergue, you put in your application via the organisation that trained you in your home country. They will then forward this to HosVol. If you prefer to volunteer through another organisation (eg CSJ) you apply to that organisation directly. If you weren’t given the application forms at your training, you can usually find them on the organisation’s website. Most Hospitalero placements are for 14-16 so you will need to factor this into your 90 days. Hope this is helpful.

 

[naplesdon]

My suggestion is not to test the system. You might be the first of many expats who can not come back to the Schengen Zone

 

[Kathor1]

that the UK and Spain could ever come to agreement over Gibraltar

You saw my post saying that “the UK and EU (Spain) are still negotiating about the Gibraltar agreement”. I deleted it because I initially wasn’t sure about the current de facto situation. The status of flights between the UK and Gibraltar doesn’t interest the EU. What matters is how the EU/Spain regard the land border at La Linea for a Canadian passport holder: They regard it as an external Schengen border and they have Schengen entry stamps and Schengen exit stamps:

 

[trecile]

This isn't like taking a chance with an oversized carry-on bag where the consequence is having to pay to check it in. Flouting the Schengen rules could result in not being able to return to the 29 Schengen countries.

 

[PiesIrlandeses]

Remember that it is 90 days out of any consecutive 180 days.

A short trip outside the Schengen zone does not reset the 90 days or the 180 days to zero.

 

[dougfitz]

Remember that it is 90 days out of any consecutive 180 days.

A short trip outside the Schengen zone does not reset the 90 days or the 180 days to zero.

That is true, as others have said, but it is the opportunity to reduce that number of days that one has been in the Schengen zone by a few, which might make enough difference to the OP when it comes to the end of their trip still being legal.