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Brexit & the 90 day law.

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Posted: Thu Apr 4, 2019 10:13pm
20 replies544 views11 members subscribed
Jaz

Jaz

Posts: 26

Location: Isla Plana

19 helpful posts

Having read and listened so much about Brexit and the European laws relating to the UK leaving the EU, I understand that either a deal or no deal means as a non resident ( we own a small property in Isla Plana) you are only legally allowed to stay in Spain, or anywhere else in Europe, for 90 days in every 180 days.

This appears to mean we are allowed to stay 90 days in Spain (or Europe) then must return to the UK for at least the next 90 days (or other non EU country) then are allowed back to Spain for a further 90 days maximum in a calendar year.

As we normally visit during April/MayJune then back in the Uk for July/August returning in September this won’t be 90 days out of Europe. Will we have to amend our travel plans?

How do long term rental non residents follow these laws?

All opinions gratefully read.  Thanks Jaz

Michelle

Fri Apr 5, 2019 9:05am

Posts: 17

Location: Isla Plana

7 helpful posts

Posted: Fri Apr 5, 2019 9:05am

Hello Jaz

The best thing to do is read the up to to date info on the government website. 

https://www.gov.uk/guidance/living-in-spain#eu-exit-updates

Guidance

Living in Spain

Official information for British people moving to or living in Spain, including guidance on EU Exit, residency, passports and healthcare.

Jaz

Jaz

Original Poster

Fri Apr 5, 2019 11:08am

Posts: 26

Location: Isla Plana

19 helpful posts

Posted: Fri Apr 5, 2019 11:08am

Sorry, forgot to state we are non residents & don’t plan to permanently move to Spain! Jaz

rma44

rma44

Helpful member

Fri Apr 5, 2019 12:09pm

Posts: 239

108 helpful posts

Posted: Fri Apr 5, 2019 12:09pm

This also affects me and no doubt thousands of others. No one on here will know the answer, I'll wait until things get finalised (should I live that long), and then look at the Foreign Office web site for factual advice, as I do when travelling outside the EU.

rma44

rma44

Helpful member

Fri Apr 5, 2019 12:13pm

Posts: 239

108 helpful posts

Posted: Fri Apr 5, 2019 12:13pm

 Jaz. I meant to add a question about the community centre at Isla Plana. When I was there a couple of weeks ago the bar area was all closed up. I've since learned they lost their licence, do you have any further news as I use it when I'm there.

paulsav

paulsav

Helpful member

Fri Apr 5, 2019 2:26pm

Posts: 86

Location: Yecla

55 helpful posts

Posted: Fri Apr 5, 2019 2:26pm

We have amended our stays to mid March-mid June, then return mid Sept -mid Dec expecting to leave Eu in March,  but maybe earlier return as in end Nov as Dec gets quite chilly inland and need to prepare for Xmas. This year who knows what we need to do but after a 90 day stay you need residency so need to leave Eu. Then if we have this extension to June if you,re already here and you stay for July you wont be able to return until beginning Dec(not a good time for us as too cold here in mountains in winter). I dont think I,ll amend my dates as they seem to give me best of the weather, just a little iffy at the beginning and end of the year. 

Regards

Pauline.

Jaz

Jaz

Original Poster

Fri Apr 5, 2019 2:40pm

Posts: 26

Location: Isla Plana

19 helpful posts

Posted: Fri Apr 5, 2019 2:40pm

Thanks for your reply, appreciate someone else who is taking notice of the 90 day law! As the border control will apparently stamp our passports there's no leeway on the 90 days. Think we will also have to replan our September trip, were hoping to stay until after Christmas as still very warm in Mazarron area. Biggest problem for us is getting a dog friendly cabin on the portsmouth/ Bilbao ferry, we have to book these trips about a year in advance as only 17 dog cabins on each sailing & they are booked up within 24 hours of sailing dates being released. 

Oh well, we can only hope brexit is sorted soon, I think the whole country has had enough. Regards, Jaz.

CFC1905

CFC1905

Helpful member

Wed Apr 10, 2019 10:36am

Posts: 324

Location: Camposol

218 helpful posts

Posted: Wed Apr 10, 2019 10:36am

Jaz - we get nothing but conflicting answers but many seem to understand the rules the way that you have interpreted them. That being said, when I contacted our local (Spanish) solicitor they said no one really pays any attention to these rules  so not to worry

Of course we do not want to flaunt the rules and we were originally going to stay for 6 months from April to October but we have revised our thinking and that is partly down to some friends in the UK who advise that they travel frequently but only for a few months at a time and have never experienced any issues with the authorities

So we are now thinking of a month in the early part of the year, probably 3 months across Summer and then another month or so before Xmas. We think that allows us a few more weeks if we fancy some random time out in S[ain

Must admit my first thought was all that extra costs due to flights but seeing as we can fly midweek and at an off peak time it does not seem so expensive...? Only time will tell and by this time next year which is when we will be retired the rules on Brexit, if it happens, may have changed anyway...!!

rma44

rma44

Helpful member

Wed Apr 10, 2019 10:47am

Posts: 239

108 helpful posts

Posted: Wed Apr 10, 2019 10:47am

In theory the electronic passports should log entry and exit. A new bank of passport readers was installed at Alicante airport some while back and UK passengers are always funneled through them on exit. If all the computers are joined up they know where we are!

Ivor99

Ivor99

Helpful member

Wed Apr 10, 2019 3:29pm

Posts: 79

Location: Camposol

55 helpful posts

Posted: Wed Apr 10, 2019 3:29pm

Well the big difference once the uk finally leaves ,re the 90day rule is ,as I see it passports will be electronically read and will flag up  whether you have overstayed your allocated time in Spain.not just waved through by passport control ,in Spain like at present ."no body takes notice"I'm not sure about that after we leave.

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