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ARCHIVED - 90 day maximum stay in Spain post-Brexit subject of outrage in UK media
One headline shrieked” “Furious British expats blast EU's new post-Brexit travel rules which will ban them from spending more than three months at a time at their holiday home from January”.
It is understandable that for most of this year the countdown to Brexit becoming a reality has been pushed off the front pages of the papers by the coronavirus crisis, but with last-ditch attempts to salvage a deal still on-going in early December it seems incredible that only now are some UK nationals becoming aware of what the departure from the EU could actually mean for them in their own lives.
Among those who have been slow to realize that Brexit really does affect them directly are many “part-time expats” (yes, they're not technically expats as they don´t actually live abroad) who divide their lives between the UK and an EU country where they have purchased a second home. As of 1st January 2021, Schengen rules will limit the amount of time they can spend in their overseas homes to 90 days at a time in those cases where they have not applied for full residency in the country of their European home.
Following 90 days in the EU they will be obliged to return to the UK for another 90 days before being allowed back into the EU, losing their freedom to stay for up to 180 days at a time, and now some are campaigning for the Schengen rules to be “tweaked” to create an exception for those who have formerly opted to spend longer periods in their second homes.
If this exception is not granted, some fear they will encounter problems in maintaining their properties abroad, while others including motorhome owners, backpackers and yacht owners will be obliged to apply for a visa if remaining in the EU for more than the stipulated 90 days.
Visa applications are not only time-consuming but also, of course, involve the payment of a fee.
Those who fail to obtain a visa and overstay their allotted time in the EU could face heavy fines, deportation or even a ban from the Schengen zone.
There are over half a million British second home owners throughout Europe, but those who are upset by the Schengen rules have received little encouragement from politicians, with modifications reported by MP Wendy Morton to be “not part of the UK approach to negotiations with the EU on our future relationship.” However, it has recently emerged that Portugal will allow Britons to remain in the country for 180 days without a visa, and there are hopes that others may follow suit.
On the other side of the coin, it has been established that residents of EU and EEA countries and Swiss nationals will not require a visa for stays of up to 6 months in the UK, and in the interests of parity the EU may yet volunteer to alter the Schengen rules as they stand. This could be in the interests of EU countries, it has been pointed out, due to the contribution made by British expats to local economies in certain areas, as well as allowing those who have invested in property abroad to make the most of their investment.
This case could be made very well for the Costa Blanca and the Costa Cálida in south-eastern Spain, where the importance of British residents to the economy is particularly apparent in their contribution to the property market. Statistics consistently show that almost half of all property sales in the province of Alicante - are accounted for by non-Spanish buyers, a large percentage of them British, while in the Region of Murcia the equivalent proportion is generally reported by different sources as being between a sixth and a quarter.
The latest official advice on the matter published on the British government’s website is as follows:
“From 1 January 2021, you will be able to travel to other Schengen area countries for up to 90 days in any 180-day period without a visa for purposes such as tourism. This is a rolling 180-day period.
To stay for longer, to work or study, or for business travel, you will need to meet the entry requirements set out by the country to which you are travelling. This could mean applying for a visa or work permit.
You may also need to get a visa if your visit would take you over the 90 days in 180 days limit.
Periods of stay authorised under a visa or permit will not count against the 90-day limit. Travel to the UK and Ireland will not change.”
Social media sites in Spain have been full of anguished and angry comments about the topic for the last year as those who like to divide their time between Spanish and UK residences complain bitterly about the inconvenience they must face after 1st January. It’s surprising how many people still don´t seem to understand that this is what the UK public voted for when they chose to leave the EU and effectively took away their own right to travel and settle throughout Europe as they wished.
Posts such as this one seen this recently: ”WTF!!!! So are you telling me that I’ve got no right to come to MY property in Spain when I want?????” have been plentiful, and although some of those posting forecast the complete collapse of the Spanish tourism sector because Brits are now unable to do what they want in Spain, others have quite rightly pointed out that this situation has nothing to do with Europe “being unreasonable” or “not giving the UK the deal it wants” but is more akin to the fact that these same rules apply to the nationals of most countries which are not EU members and the UK voted to leave the EU (not the other way around) and all the benefits it offers member states so must abide by the same rules as everyone else.
Those who want to spend more than 90 consecutive days in Spain at a second residence must make the decision about whether they wish to apply for residency in Spain, and make this their home or live elsewhere and come to Spain for the 90 days permitted twice a year. Unfortunately, those who already unofficially "live here" and have had three years in which to apply for their residency, but have chosen not to do so as they are unwilling to make Spain their permanent home can no longer come and go as they please, and stay here indefinitely, and the same situation exists all over Europe.
The UK media has suddenly woken up to this situation and this week has run headlines such as “
“Furious British expats blast EU's new post-Brexit travel rules which will ban them from spending more than three months at a time at their holiday home from January”.
The rules aren´t new. They’re the same rules which have always applied to non-EU nationals and are the same rules which were in place when the UK voted to leave the EU.
“EU countries are under pressure to change the rules to allow longer stays amid fears the measures will spell the end for many people's dreams of having a foreign bolthole.”
No they’re not. There are plenty of Belgians, French, Dutch, Germans etc visiting Spain and Brits are still allowed to come here for 90 days at a time; the British can still buy a holiday home here and can still spend up to 180 days a year here in a holiday property. If they want to live here they can apply for residency and pay their taxes here and go back to the UK for holidays to see their families.
“Campaigners are calling for the rules to be changed to allow people to use their 90- day allocations continuously.”
British voters chose to leave the EU and from 1st January those who exceed the 90- day limit could face the threat of a fine or even be banned entry to the EU's Schengen travel zone.
Post-covid Europe has got so much to worry about at the moment trying to fight the pandemic and deal with the economic fall-out from a year of virtual economic collapse, no trade deal has yet been agreed between the UK and the EU and British voters have got exactly what the country voted for; they’re leaving the EU and will now have the “freedom” from Europe that they so badly wanted.
Europe is less than worried about those who don´t WANT to take residency here, don´t WANT to pay their taxes in Europe and contribute to the infrastructure which services other EU members and has to focus on those who DO.
After three years of arguing, debating and billions of words of media coverage, nobody can say that the same people who are now complaining so vociferously about losing their “right” to come and go in Spain as they pleased, weren´t given enough information to have helped them put a big fat NO on their voting slip when they chose to leave the EU.
Just 27 days until the end of the transition period and no deal in sight as negotiators battle it out “to the wire”.
Will a last minute agreement include the right to remain in Spain or other EU countries for 6 consecutive months at a time?
Maybe. Maybe not. Maybe Spain will choose to enforce the 90 day limit, maybe it won´t.
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