how can they know how long you stay in a schengen state?

[griff]

Is this a loop hole or not ?

My wife is Thai and I am British.

We got her a visa for the UK - C.Visit, Multi entry, 180 day duration, Valid 6 months.

Also we got her a ETATS Schenngen C, Multi entry, 90 day duration, Valid 6 months.

Now the question!

Arrived in UK 20/10 Entry stamp in passport.
Left UK 23/10 no exit stamp.
Arrived Spain 23/10 Entry stamp.
Drove to Uk via France Entry stamp 16/12 UK at Calais
Left UK 6/1 via Ferry no stamp at port.
Arrived France and drove to spain no stamp.
Arrived back UK 23/2 stamp at airport.

How? can they know how long was spent in europe from the entry into the uk, stamp 16/12 until the next entry stamp 23/2

Is it not possible to gain an extra 56 or so days on your Schengen by saying we were in the UK up until the 10/2 as they dont stamp out they have no way of knowing from your passport how long or when you actually left the UK.

It seems quite complicated but i am sure you can actualy get 180 days out of your Schengen when they only alow 90 days.

Can anyone confirm or deny?

[tt]

In some cases, for "Western" citizens, probably in practice there is no concern (though they are also confined to 90 days out of every 6 months, albeit without visa).

Your wife is Thai. They do check here. Passports when checked at borders don't necessarily get stamped, but they may be recorded via other methods, eg swiping, scanning in computers etc. You shoud be aware of this. Her travels might still be evidenced by immigration officials.

In the best case, if the passport was not registered in any way (except by stamping), then you're left with 3 UK entry stamps (20 Oct, 16 Dec and 23 Feb) and one Spanish entry stamp (23 Oct).

Best story you could come up with here is UK 20-23 Oct, Spain 23-24 Oct, UK 24 Oct-15 Dec, France by ferry 15-16 Dec, UK 16 Dec-22 Feb, France by ferry 22-23 Feb, UK 23 Feb- . But how to explain why NO UK entry stamps 24 Oct. The catch is, that between the Spanish entry stamp of 23 Oct and the UK entry stamp of 16 Dec, your wife would have to explain how she was back in the UK again without any entry stamp, if you see what I mean.

But this is playing a dangerous game. What, with records of your travels by computer swiping that you might not even have been aware of, and so on. If she is travelling in Schengenland prior to the Schengen visa expiry with you as her husband, then perhaps they will not spend time with mathematics determining the probabilities.

As long as you know what you're up for when doing all of this! A black mark against anyone in the Schengen acquis is going to be pretty permanent and totally available for all immig auths right across Europe to see.

[John]

It seems quite complicated but i am sure you can actualy get 180 days out of your Schengen when they only alow 90 days.

My wife is also Thai, well now both Thai and British! So we also used to have "fun" needing to get Schengen visas before British Passport obtained.

As regards the 90 days stated on a Schengen visa, my understanding is the the 90 days is per trip into the Schengen area. Accordingly you are indeed allowed to get more than 90 days in the Schengen area, as long as the trips are timed OK.

My wife Nat had two Schengen visas. The first one was the same as your wife ... 6 months validity ... max 90 days. The second one was for one year, and again for max 90 days. It would be extremely unfair if issuing a one year visa you got 90 days max total in a year ... compared to 2 six month visas each this 90 days max.. But as said above, the point is not in play because each trip could be up to 90 days.

I am also amazed that the Schengen visa was not stamped on arrival in France by ferry. That is exactly our experience as well. But on arriving at a Schengen area airport we always found it was stamped.

[Dawie]

I'm a South African citizen with ILR in the UK and share your pain regarding having to get a Schengen visa!

My girlfriend is Spanish and consequently I've made quite a few trips to Spain. Now, I don't know whether this is because the Spanish are supposed to be "laid-back" or whatever, but I always get an entry stamp when entering Spain, but everytime I've left from Barcelona Airport there has been ABSOLUTELY no embarkation check (despite there actually being passport control cubicles there). In theory therefore if you look at my passport it looks as if I've made a number of trips to Spain but have never left! I can confirm however that this does not affect any subsequent applications for a Spanish Schengen visa, as I'm sure they are aware of their own relaxed controls.

[griff]

TT
Thanks for your reply.

I was thinking- Arrive Uk 20/10 (stamp) . Arrive Spain by air 23/10(stamp)

Back to Uk 16/12(stamp) via france by car

Left Uk via portsmouth to France by car 16/1(no stamp) I didnt see a swipe but possible.

23/2 came back Uk by air (stamp)

My thought was that if we said we left the Uk by car ferry the 16/2 instead of the16/1 might we get away with it?(maybe they wont spot it or we could argue a computer error).

Last time 23/10 on arrival at Palma airport they didn't swipe but did stamp.

I have to be in Spain to collect my resiedency card which I desperatly need as we had to get a french schengen visa, the Spanish embassy said I had to have a resedancy first.
(we told the french we were fans of Micky Mouse and just had to go and see him).

We will have tickets with us to leave spain back to Heathrow and catch a flight to Thailand its actually on the last valid day of the Uk visa although the schengen actually lasts a week longer.

The story sounds sort of logical.

Worth a shot or not?

Wot do you think the chances are

[griff]

John

Thats a very interesting interpretation on the 90 day slant I like that one!

Thanks

[John]

Griff, your post at 4.52pm ... for reasons already stated .... I don't see a problem.

Your Spanish residency card? Once you have that is the plan for your wife to apply for a Spanish-issued EEA Family Permit?

[tt]

Story of 16/2 (instead of 16/1) holds so long as there was no swiping.

I think the general consensus is that the Schengen refers to 90 days within each 6 months, but you can see the vagueness argument.

Can't your wife get a French-issued Schengen visa anyway, without your Spanish Residence Permit? Even the EEA Family Permit, on your Brit status?

[griff]

Thats great,thanks for the information.

I have a house in Spain and Thailand we wish to spend our time beetween the two.

Also I need to visit the Uk as I have 2 kids and a rather large family which I havent seen for the past 4 years as we had to get married to get a bloody visa in Thailand.

In the end we paid £1,000 to an agency who used all the same papers that we did and got the visas even without an interview.(go firure that one). we didnt even have to go to the French embassy.

I guess you get wot you pay for?

I hope it's less hastle next year.

Thanks for your help

Cheers

[bash_h]

Thats great,thanks for the information.

I have a house in Spain and Thailand we wish to spend our time beetween the two.

Also I need to visit the Uk as I have 2 kids and a rather large family which I havent seen for the past 4 years as we had to get married to get a bloody visa in Thailand.

In the end we paid £1,000 to an agency who used all the same papers that we did and got the visas even without an interview.(go firure that one). we didnt even have to go to the French embassy.

I guess you get wot you pay for?

I hope it's less hastle next year.

Thanks for your help

Cheers

It supposed to be free of charge, and only requires the minimum of paperwork, for spouses of British citizens? I got a Schengen visa for my wife who is non-EU by post, from the NL embassy, and no interview was reqd.