We have recently passed an important post-Brexit deadline. March 31stsignaled the end of the first 90-day period with the UK outside the EU. It carries significant implications for British nationals in Spain, particularly those who are not resident but are used to spending long periods of time in Spain.
In this blog post, we look at what’s next for British nationals in Spain now that the first post-Brexit 90-day period is over.
The Significance of 90 Days
March 31stmarked the end of the first 90 days since the UK officially left the EU. As a result, any British nationals in Spain since January 1stwithout a resident permit should now have left the country.
Why? Since the UK no longer forms part of the EU, the British are now third country nationals in the EU. For practical effects, this means you cannot stay in the Schengen area for more than 90 days within 180 days without a visa.
Find out more about short-stay visas in Spain.
What should I do if I’m still here?
You may qualify for Spanish residency. If you do, you should start your application process as soon as possible.
Read about residency for British nationals in Spain after January 1st2021.
If you leave Spain, you may be registered as having overstayed the 90-day period by Spanish immigration. This could make it difficult for you to return and/or mean you have to pay a fine. In the worst-case scenario, you could face deportation and/or a ban from the Schengen area.
Note that Spanish immigration authorities are stamping British passports when you leave Spain.
Changes in the 90-day Rule
90-day rule may well be relaxed in the future to cater for British nationals who have property in Spain and wish to spend the winter in the country. However, for the moment, the fact remains that non-EU nationals including British citizens cannot spend more than 90 days within a 6-month period in Spain without obtaining a visa or a residency permit.
Did you know?The 90-day period applies to the time you spend in all countries in the Schengen area, not just Spain. So, for example if you travel to Spain by car through France, the 90-day period starts when you enter France.
Need a long-stay visa to come to Spain? Read about your options.
New Entry to Spain Requirements
On January 1stthis year, the EU launched its European Travel Information and Authorization System, known by the easier acronym, ETIAS. Like the ESTA in the US, the ETIAS is designed to give the EU information about who is entering its member states.
In practical terms, it means that non-EU citizens including British will have to apply for authorization to enter Spain. It will involve an online application in which you provide information about yourself and the reasons for your visit.
The adaptation of border controls to the ETIAS will take time. As a result, the implementation of the system will take several months and not be compulsory until at least November 2023.
Changes for Property Owners
The good news about Brexit is that it hasn’t changed the rights of British property owners in Spain. There are, however, two caveats:
Higher taxes on rental income– British nationals who are non-residents and let property in Spain are now subject to a higher rate. Find out what this is.
Possible military permission– non-EU nationals who wish to buy property in certain parts of Spain require military permission. Find out which areas are affected and how to apply.
Your Next Step
If you are living in Spain and have not yet applied for Spanish residency, don’t leave it a day longer. Get in touch with our expert legal team now.
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Maria Luisa Castro
Director and Founder
María founded CostaLuz Lawyers in 2006 and is the Firm’s Director. María is registered Lawyer number 2745 of the Cadiz Bar Association and is licensed to practice in all areas of law throughout Spain. Working closely with her team, María has developed the firm into one of the most highly regarded and trusted Spanish Law Firms acting for English-speaking clients with legal problems in Spain. We’re here to help.Contact us today for a free, no-obligation, initial legal orientation.
