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90/180 day limit for max stay in the EU - is it important to leave EU via a fully attended aiport?

Peter wrote:

because I know of one formerly UK and now IOM resident who has had to go to huge lengths to protect his 90 or 120 or whatever day allowance and sometimes had to get a flight to Dublin and stay there overnight

That sounds like it’s being done for tax dodging reasons, not immigration reasons.

Andreas IOM

Yes But the two can be related if you are talking about VAT on personal possessions, no?

Administrator
Shoreham EGKA, United Kingdom

There is no Europe wide database of foreigners who currently are in union area.

If you enter via Germany and leave via France – even if you use “official customs points” at international airports there is no automated procedure to check how many days you have stayed within the EU. Therefore if an authority claims you have broken the 90 day rule, it always requires manual research – and is most often done as a positive proof (e.g. that you have rented the same hotel room for more than 90 days…).

Germany

Just fly as you wish the 90 days for immigration is not your problem, I am sure Brits can count the days on Google calendar without a stamp on their passports funny even before UK leaves the EU there was a limit on stays up to 90days as visitor and you have to count those (unless you have a business or study), I am assuming people were illegally over staying without noticing or I am not sure what did really change?

If you are a EU national and staying more than 90 days in another EU country you will need to get registered after 90 days in your host country, if you are a non-EU you will need a long séjour visa/residence, counting and proof of 90 days applies to everybody EU or non-EU

The proof that the aircraft landed in/out of a port of entry when no one around is the main problem , make sure you do some due diligence here, it’s douanes who handle this not the police aux frontière, for the latter you only need to show a passport, for the former you may lose the aircraft if it’s not in free circulation !

I personally used to ask PAF by phone (or via ATC by RT) to skip immigration when no one is around (touch-and-go, quick park and go…), but less tempted now with customs, even if aircraft is in free circulation in both EU & UK

Last Edited by Ibra at 24 Mar 20:18
Paris/Essex, France/UK, United Kingdom

Ibra wrote:

If you are a EU national and staying more than 90 days in another EU country you will need to get registered after 90 days in your host country, if you are a non-EU you will need a long séjour visa/residence, counting and proof of 90 days applies to everybody EU or non-EU

Every EU country has different rules for virtually everything to do with residence/tax etc. I know this from personal experience.

Yes implementation differs between countries but for sure any EEA visitor has to count 90 days under EU law before finding how to sort out his tax/residency/healtcare status, this depends on the countries

Paris/Essex, France/UK, United Kingdom

If you are talking visitor from outside the EU to an EU country then I would agree. But Europe is not a joined up place by any means.

As an EU citizen you have the right of free travel and to work and reside anywhere. At the end of the day it really depends upon your need for healthcare or to work – If you are independent of these two things then you need not do anything. Individual countries may have rules as to if you are supposed "to register’ somewhere though – Germany is one such country. I say this as someone that has had both local and international contracts, “and *lived” and worked in various EU countries over the last 20+ years, as has my current GF/partner and ex-wife – and different ones to myself.

* because where you live, are resident or are resident for tax reasons can be different places. As is where you may need to pay tax, but thats an entirely different thing!!

Regards, SD..

Malibuflyer wrote:

There is no Europe wide database of foreigners who currently are in union area.

But there is for the Schengen area.

ESKC (Uppsala/Sundbro), Sweden

skydriller wrote:

If you are independent of these two things then you need not do anything. Individual countries may have rules as to if you are supposed "to register’ somewhere though

My impression is, that actually all individual countries have such rules. Most countries have taxes on capital gains as well which are based on residency and therefore even people that are independent of healthcare and labour income need to declare residency.

Germany

If you are independent skydriller it does not matter, but EU/EEA national residency registration after 90days (depending on countries, this goes as far as printing you a plastic permit ) will comes up when EU nationals in another EU country are looking to open a bank account, looking to rent, going to hospital, finding work…

Obviously, I have no idea how UK citizens living in Costa Del Sol used to get their Spain residency sorted in 2015? surely that needs to get sorted after 3 months of stay? in the same way as now in 2021 I would imagine? in 2015 it was a matter of registering but still under load income conditions, finding a job, retirement…the only difference to today it’s no longer exercising EU citizen rights (one of the 4 freedoms) but rather a request for residency under national Spanish law, which may require more scrutiny and more paperwork

The 90 days for residency is not something new or Brexit related, it’s how things worked in the past just no one cares to police it or check it

Last Edited by Ibra at 25 Mar 10:12
Paris/Essex, France/UK, United Kingdom
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