OVERSTAYING 90 DAYS DUE TO ILLNESS

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04 Nov 2021 2:15 PM by gillian Star rating in Colchester and Altea.... 187 posts Send private message

Hi, we are getting desperate. My husband has had to have a serious operation as n emergency and this will take us over our allowed 90 days now we are no longer in the EU.

We  are finding it incredibly difficult to find relevant information but know you must alert the spanish authorities before the original fly home datev . As this was the 9th November time is running out.

We have phoned the British Consulate in Alicante who have said to contact the Immigration office - easier said than done as you dont fget through  - its also all ni spanish (as youd expect) nwhic means getting someone to do it each time. Surely there must an easier way  - has anyone else had experience of this?

Also do the extra days count against your next trip to Spain??

Thank you

Gilly 



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04 Nov 2021 4:07 PM by windtalker Star rating. 1838 posts Send private message

Are you saying your husband is not well enough to fly back home ..if this is so you will need a doctor to verify this ..if you phone your holiday insurance company they will arrange this for you...I doubt very much if the British Embassy will help you out ..as over staying is a civil Spanish matter ...you need to phone the Spanish embassy in the UK and they will put you right with the overstaying issue ..worst case scenario you will both get banned from the EU for 3 year's.

 

 





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04 Nov 2021 5:07 PM by gillian Star rating in Colchester and Altea.... 187 posts Send private message

Thank you, yes that's correct he is unable to fly home. - we have the doctors conformation of this and all the medical notes explaining what has happened.  Sadly our UK insurance company are unwilling to help.The Spanish Embassy in London neither answer their telephone nor their email - zero help there.

It does look as though we have to get hold of Spanish Immigration which is not exactly straightforward and the clock is ticking loudly.

I can't believe there is nothing on the internet as surely there must have been others in this situation?

Gilly

 



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04 Nov 2021 5:41 PM by Kavanagh Star rating in Oil Drum Lane Newcas.... 1154 posts Send private message

Kavanagh´s avatar

Hello Gilly 

There will not be anything on the internet; this will be a case of discretion by Spanish immigration. 

Contacting the British Consulate (buck passers) or telephoning and emailing Spanish immigration will be like whistling in the wind. 

I presume you are in Altea, I would go to immigration in Alicante and just doorstep them with all your paperwork and evidence of the situation, with luck they will stamp you an extension in your passports. Take a translator if you can.



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04 Nov 2021 6:49 PM by gillian Star rating in Colchester and Altea.... 187 posts Send private message

Thank you very much that is really helpful. I think that is exactly what I will do - not least as I am here in Alicante with my husband in hospital

 



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04 Nov 2021 8:14 PM by windtalker Star rating. 1838 posts Send private message

Gillian  have you tried asking on the UK expats Facebook forums.in the Alicante region... good luck and I wish you husband well.





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05 Nov 2021 9:06 AM by Arabella Star rating. 2 posts Send private message

If all else fails I would go to a gestor and let him sort it all out, Probably a charge of around 150 euros. Very sorry for your situation. Good luck and hope your husband recovers soon. 

 





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05 Nov 2021 11:35 AM by gillian Star rating in Colchester and Altea.... 187 posts Send private message

Thank you Arabella I will definitely do that if it fails at the immigration place - at 150 or so euros it woulkd be well worth it!!

Thank you for your good wishes

Gilly



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08 Nov 2021 7:59 AM by acer Star rating. 1465 posts Send private message

Hi Gillian,

There's been a few articles written in the media on this, but little that's reliable as the situation will depend on the individual situation, the country involved, the individual case and mitigating circumstances etc.  You are certainly right to take it seriously which should be a positive factor.

I reckon Arabella's call is good - get help from a Gestor - personally I wouldn't delay.

It would be good to know what happens.

Good luck

 



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08 Nov 2021 9:52 AM by windtalker Star rating. 1838 posts Send private message

I was reading a post on Facebook last night that is very similar to yours..this couple had a family member come down with a illness that required hospitalisation ... they had to leave Spain due to the 90 day rule and have tried to get back to Spain they have tried every avenue and failed to get permission to enter Spain ..what has been suggested by the Spanish authorities is that they send another family member over to take care of the relative...I know this is not what you want to hear ..but I think it's the only way.





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08 Nov 2021 1:08 PM by gillian Star rating in Colchester and Altea.... 187 posts Send private message

Hi Acer,

Thank you

It is a bit of a nightmare because no one seems to really know. We have now contacted the Gestor

fingers crossed!

Gilly

 

 



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Gilly & Ralph




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08 Nov 2021 1:09 PM by gillian Star rating in Colchester and Altea.... 187 posts Send private message

Hi Windtalker

That sounds a potential nightmare to come!!!



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08 Nov 2021 6:26 PM by acer Star rating. 1465 posts Send private message

Hi Gilly,

I imagine that there's a lack of case history as it was all new from 1st Jan and until recent months it's not been a time when people overstay the 90 days. 

There's been a couple of unsubstantiated comments that breaches have been ignored - but the truth is we're all guessing - the Spanish are invariably slow to react - the 17 Regions may even have a different stance.

It's rotten timing for you, but I reckon your action makes sense.



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