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Staying more than 90 days in Spain from Canada

I am a duel Canadian and Irish citizen. I live in Canada and travel on Canadian passport. I have a current Irish passport, too. I'm retired, age 67. This year I spent over 90 days in Spain. (my son lives there), mid Dec to end of Mar.
On leaving, I was told I'd overstayed my 90 days. I wasn't aware of this restriction. I wasn't fined but clearly the (Portuguese) authorities in the Azores, on my route home, were not happy.
What should I do? If I travel on my Irish passport will I have difficulty re entering Canada? If I leave and return to Canada on my Canadian passport, but land in and leave Europe on my Irish passport will I end up in a black site in Poland?
The whole thing seems ridiculous. I'm not working in Spain. I'm renting, shopping, eating out, getting haircuts, taking Spanish lessons...
I contribute to the economy and basically take nothing. This may be why the Spanish authorities said nothing in Las Palmas while the Portuguese woman in Punta Delgado seemed quite hostile. I looked pathetic and even stupider than usual and she let me go. (I had a 1 hour layover in Azores en route to Toronto)
Any advice?

Posted by
6 posts

P.S. I want to spend 4 months in Las Palmas ongoing, to be with family. Before the time arrives for no travel and the nursing home.

Posted by
23266 posts

You are asking very technical question that no one here can answer. Even if they did, I am not sure I would rely on their response. As a Canadian and a member of the Commonwealth I think you have different visa requirements than US citizens. You really should be asking this question of the Canadian authorities.

In your situation an Am citizen is only allowed 90 days out of any 180 day period in the Schengen zone. Second, I do know of an Am citizen who holds both a US and Irish passport who uses the US passport to travel between Europe and the US but shifts to the Irish passport once in Europe. Since he spends about equal time on both sides, he started that practice years ago when hijackers were singling out people holding US passport. So far it has not been a problem for him. Now he does it more out of practice than anything else.

Unfortunately the border situations are getting tighter because of all of the terrorist problems. Last year I was severely questioned exiting France because the immigration officer had difficulty finding my most recent entry stamp. He quickly found a year old entry stamp and pounced on it. Since my passport is about 2/3 full of stamps I now make sure I know where the entry stamp is prior to seeing the officer.

Posted by
6 posts

Thanks for your input, Frank. Canadians, like Americans, are limited to 90 days in European Union. But I'm also a European citizen by virtue of my Irish passport.
My essential question, I suppose, is:
If I leave and re enter Canada on my Canadian passport, but arrive in and leave the EU on my Irish passport, will that pose problems for me?
Again, many thanks.

Posted by
2940 posts

@honoriarafferty

1.) Regardless how ridiculous or stupid this might seem, it's the Law, and it's one's responsiblity to make sure one is in compliance. The same occurs everywhere else, including Canada. It's not the authorities responsibility to keep nannying every citizen, visitor or passer-by. Sorry to sound harsh, but that's how it is. And you should be very grateful the Portuguese authorities didn't fine you.

2.) A common misconception: when you stay in a country, even for a few days, you certainly input into the economy but you also always "take" from the economy.... for example, do you think that when you take say, a trip on a train in Spain, you're paying the full fare? you're not as train companies receive public help, which is funded by resident taxes; the Police patrolling so nothing happens to you (or anyone else) also cost tax money, same goes for the hospitals that are "there" just in case you have an emergency (yes, in many countries in Europe we have a sort of semi-universal health service, which means no one is rejected when in need, including visitors)... and so on and so forth, there are literally dozens of examples of things that either you enjoy or that are there for your comfort and safety that you are not funding as a foreign visitor. It's a common mistake to think you're not costing money just because you don't seem to be using certain services. And this is, of course, not something Spanish or Portuguese, it's universal, also if I visit Canada.

3.) You should speak to your consulate of course. Anything in these matters you get in a forum is pure speculation. Having said that, check out https://community.ricksteves.com/travel-forum/general-europe/how-to-travel-as-a-dual-citizen

Have a nice stay.

BY THE WAY....

Not that this affects to non-Europeans, but so you know: from last Friday, Apr 7th 2017, the requirements to show ID (passport/national IDs) when crossing a Schengen border have changed and now everybody, including European citizens, has to show their documentation: https://www.euractiv.com/section/politics/news/eu-starts-systematic-checks-at-external-borders-today/ This can unfortunately translate is longer transit times for everybody (security controls), so do take that into account when planning your journeys within the Schengen area.

Posted by
23266 posts

European Union and the Schengen zone are NOT the same. England was a number of the EU but not the Schengen zone. I personally don't think you would a problem traveling on the Irish passport in Europe --- BUT, BUT - that is personal opinion based one experience will one friend. You can leave Canada and arrive in Europe on your Canadian passport then shift to the Irish passport after you have cleared European immigration. But you a need a better source than myself.

Posted by
8889 posts

Yes, as a Canadian you were breaking the law, you were an illegal immigrant. I wouldn't call it "ridiculous". The limit for non-EU/Schengen citizens is 90 days in any 180 for the whole Schengen Area. I'd say you got lucky, some overstayers get fines or a ban from returning.
Spain and Portugal are both in the Schengen Area, so no passport checks on travel between them, which is why you only got spotted exiting Portugal.

Now the good news. As an Irish citizen you are an EU citizen, the 90 day limit does not apply. You have a legal right to live and work in Spain (or any other EU country) with the same rights as a Spanish Citizen.
So next time, make sure you enter and exit the Schengen Area with your Irish passport. It will not even get stamped.
I guess you still show your Canadian passport returning to Canada, so you don't get done for overstaying in Canada. Switch passport in mid.air, if you exit Schengen with your Canadian passport they will be wanting to know where the entry stamp is.

Posted by
5326 posts

Even as an Irish passport holder, if you’re planning to stay in Spain for longer than 90 days you must register in person at the nearest Office for Foreigners (Oficina de Extranjeros) which is normally part of the Town Hall (Ayuntamiento), or at a designated Police station. You are in effect legitimising temporary residency. You may need to prove independent means.

Posted by
6 posts

Wow! I didn't expect such severe responses as, for example, from Catalonia.
Mea culpa. I didn't know, and should have known, about the 90 day limit. I was about 15 days over. I did, in fact, need medical treatment in Las Palmas (within the 90 day period) for a sinus infection for which I, obviously, paid upfront. The Spanish government may well have subsidized some part of that. I hope not. But they probably did. I know, too, that tourists have become particularly problematic in Barcelona, but rather than be hostile to them, perhaps the Catalan government should set limits.
My intention is to visit Gran Canaria. I'll be sure to clear clear of Catalonia.

Posted by
8889 posts

@Enric.

requirements to show ID (passport/national IDs) when crossing a Schengen border have changed and now everybody, including European citizens, has to show their documentation:

You have mis-interpreted that article. It has always been a requirement to show passports/ID cards when exiting or entering Schengen external border. If you could enter and exit without showing a document, then anybody could enter by just claiming they were EU citizens.
What has changed, is now instead of just looking at the passport to see if it looks like a fake, they will now cross-check it against the wanted persons list.
This implies all border posts are now "online". There is still no checks in Schengen internal borders.

@Frank

You really should be asking this question of the Canadian authorities.

No, it is not them that sets the rules, it is the EU/Schengen Authorities.

England was a number of the EU but not the Schengen zone

No! The UK (Not England) is and will remain a member of the EU until ~2019.

Posted by
2940 posts

Thanks Chris for clarifying, you're completely right, I seem to have mis-interpreted -or rather mis-read as it clearly says "external borders" :))

Posted by
1 posts

I am also a dual Canadian Irish citizen with both passports. Note that it is now Canadian law that dual citizens must use a Canadian passport to enter Canada.
This is what I do. When leaving Canada nobody cares which passport you use only that it is valid for the country to which you are travelling. So either Canadian or Irish will do. Use the Irish one when you arrive in Europe and throughout Europe. When returning to Canada use the Irish one at the exit immigration desk but show the Canadian one to the airline to confirm you can enter Canada . I have been doing this for years without any issues.

Posted by
6 posts

Thanks, alandunn. Sounds like good advice.
I don't want to exploit or use EU. Just want to be close to son. Comments from Switzerland seem harsh, especially as Switzerland isn't EU and has avoided any international commitment forever.