Is the 90 day rule still in effect?
Asked by: Mrs. Hilda Shields | Last update: February 20, 2026Score: 4.8/5 (47 votes)
Yes, the principles of the U.S. immigration's "90-day rule" are still relevant, even though USCIS said it's no longer an official policy, because immigration officers still look for signs of misrepresentation if you marry or file for a green card within 90 days of entering on a visitor visa, while separate EU "90-day rules apply to Schengen Area travel for many non-EU nationals. For U.S. immigration, actions like marrying a U.S. citizen or adjusting status within 90 days can trigger scrutiny, suggesting you intended to immigrate all along, but you can still prove otherwise with strong evidence of changed circumstances.
Is the 90 day rule changing?
As it stands, non-EU visitors are only allowed to visit countries in the Schengen area for a maximum of 90 days every 180 days. However, Spain is now looking to scrap this rule for UK holidaymakers. According to Spain's Tourism Secretary Fernando Valdés, the 90-day restriction goes against Spanish interests.
Will migrants in the UK not get benefits?
Migrants to UK will not get benefits until becoming citizens under new plans. People who migrate to the UK will be eligible for benefits and social housing only when they become British citizens, and those who arrive by small boat could wait up to 30 years for residency, under new plans outlined by Shabana Mahmood.
How can I avoid violating the 90-day rule?
In other words, staying more than 90 days on one stay, then leaving the country and returning, resets the “90-day clock.” To avoid breaking the 90-day rule, an applicant must wait 90 days since their most recent entry to the United States before marrying or seeking to adjust their status..
Are there exceptions to the 90 day rule?
Certain people are exempt from the terms and conditions that apply to others via the 90-day rule. Immediate relatives of US citizens are typically exempt from the misrepresentation rule. Still, the first 90 days of a visit to the US are risky for a status adjustment.
Do They Still Use The 90-Day Rule for Immigration?
Will Spain allow Brits to stay more than 90 days?
Staying longer than 90 days in a 180-day period
To stay longer, you must meet the Spanish government's entry requirements. If you're in Spain with a residence permit or long-stay visa, this does not count towards your 90-day visa-free limit. Read more about entry processes if you live in Spain.
How strict is the 90 day rule?
Each Schengen Area country has its own set and standards for penalties for overstays; however, individuals who exceed the 90-day period will typically be issued with a monetary fine and an order to depart the country and entirety of the Schengen Area within a certain period of time (sometimes immediately).
What is the easiest EU country to get permanent residency?
The easiest country for obtaining a residence permit in Europe is Portugal. Whether you're retired, financially independent, starting a business, or looking to invest, there's a visa for you: a D7 visa for financially independent persons, a Digital Nomad Visa, and the Golden Visa for investors.
What date in 2025 does ETIAS start?
EES started on 12 October 2025. It will be introduced in phases, building towards being fully operational by 10 April 2026. You won't need an ETIAS for travel this year. The EU is looking to introduce ETIAS towards the end of 2026.
Do illegal immigrants get free healthcare in the UK?
There are some services that anyone can access regardless of their immigration status, but you'll need to pay to use them. For people seeking asylum and refugees, secondary care is free to access. Secondary care includes hospital treatment, mental health care, hospital urgent care and community services.
Do immigrants get free housing in the UK?
But do people seeking asylum get this free housing forever? No. When someone gets refugee status, they can no longer stay in asylum accommodation. They can choose where to live, but they have to pay for their rent or ask for government help – like any UK citizen.
Do refugees pay council tax in the UK?
Council Tax Regulations require us to issue bills in the name of the residents and therefore the refugee will be liable to pay the 50% Council Tax bill.
Does the 90 day rule still exist?
What to Avoid. While USCIS no longer explicitly references the 90-day rule, it may still assess cases for potential misrepresentation based on an applicant's actions shortly after entering the United States.
Has anyone been fined for staying over 90 days in Spain?
The possible consequences for staying in Spain or the Schengen Area for more than 90/180 days include: Fines – Depending on the country and how long you've overstayed, you could be made to pay a fine of anything from 500€ to 10,000€. This penalty may be combined with an entry ban.
Can I visit the UK twice in 6 months?
Visitors to the UK are only allowed to stay for up to 6 months per visit, but there is no annual, cumulative cap. Instead, Border Force officers assess travel patterns, and frequent visits will be scrutinised to ensure the visitor route is not being misused as a way to live in the UK.
Which country gives free citizenship in Europe?
No EU country offers automatic citizenship to foreigners without some form of eligibility, such as ancestry, marriage, or legal residence. Most EU countries operate on jus sanguinis — the right of blood — not jus soli. So if you have European roots, your path to a second passport may cost nothing more than paperwork.
What is the cheapest and safest European country to live in?
For the cheapest and safest European living, consider Eastern European countries like Romania, Bulgaria, Portugal (Algarve), and Hungary, offering low costs and good safety, though "safest" often leans towards Western/Northern Europe (like Portugal/Ireland/Austria) for stability, while Eastern nations balance affordability with low crime, especially outside major hubs. Slovenia, Czechia, and Croatia also provide good value with high safety.
Which European passport is the strongest?
Top 5 Best European Passports in 2025
- Sweden. Key Benefits. A Swedish passport is one of the most desirable in the world. ...
- Switzerland. Key Benefits. ...
- Finland. Key Benefits. ...
- Germany. Key Benefits. ...
- Denmark. Key Benefits.
Will Spain drop the 90 day rule for Brits?
Spain dropped the 90-day rule.
The rule is a European rather than a Spanish regulation. In addition to considering France's proposals, the government has stated that the ruling is unfair and outdated. However, they can only make changes or drop this rule with the agreement of other members of Schengen.
How does the EU keep track of 90 days?
EES data will be used for ensuring compliance with the rules of the Schengen area on entry and permitted length of stays. It will record overstayers, and refusals of entry. Schengen rules restrict visitors who are not nationals of EU or Schengen countries to short stays of 90 days within a 180-day period.
What is the easiest European country to get permanent residency?
THE EASIEST EU COUNTRY TO BECOME A CITIZEN VIA RESIDENCY BY INVESTMENT ROUTE
- Portugal Golden Visa – Most Popular with Americans and British Citizens. ...
- Greece Golden Visa – Best Value EU Access. ...
- Malta Permanent Residency Program. ...
- Italy Golden Visa. ...
- Hungary Golden Visa. ...
- Cyprus Permanent Residency.
What are common mistakes in the first 90 days?
Some common mistakes to avoid in the first 90 days of a new job include not understanding the company culture, not asking for help when needed, not setting clear expectations with your manager, not taking initiative, and not building relationships with your colleagues.
What not to do during notice period?
During the notice period, avoid burning bridges by maintaining professionalism. Refrain from slacking off, badmouthing colleagues or the company, or neglecting responsibilities. Instead, fulfill your duties diligently, assist with the transition, and tie up loose ends to leave a positive impression.
Can I just walk out and quit?
Yes, you can just quit and walk out, as it's generally not illegal (not a crime), but it can have serious professional and financial consequences, like losing potential rehire eligibility, damaging your reputation, and possibly forfeiting benefits, making it best to give notice unless you're in an unsafe environment. While legally a civil matter, it can burn bridges and affect future references, so consider a plan, even if you leave impulsively due to a crisis.