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British Embassy: New message to Brits in Spain 

From 1 January, UK Nationals have been able to spend 90 days out of every 180 within the Schengen area for tourism or other specific purposes, such as business meetings, without needing a visa. Any stays beyond the 90 days will be dependent on Spain’s visa and immigration rules and any UK Nationals who would like to discuss extending their stay should contact their local extranjería office or call 060.

All foreign nationals
intending to stay in Spain for longer than three months have always been
obliged to register for residency – whatever their nationality. Therefore if
you arrived in Spain before 1 January you must take steps to become resident if
you consider your home to be here. Otherwise, you should be arranging to return
to the UK. If you are trying to become resident and are in the process of
registering or appealing against your application having been rejected, the
90-day rule does not apply to you.

HMA Hugh Elliott said: “I’m
aware that many second home owners are concerned about overstaying as we reach
31 March. The Spanish Government has been clear that it will take a pragmatic
approach to anyone who is stuck in Spain due to circumstances beyond their
control, so I don’t want people to be overly worried on that count. However, if
people do not intend to become resident here in Spain and see the UK as their
base, we do expect them to take steps to return to the UK as soon as they can.”

A Spanish Ministry of
Inclusion spokesperson said: “The Spanish Government is
working to provide maximum legal certainty for British citizens resident in
Spain. Throughout the negotiations, the issue of citizens’ rights
has been, and remains, one of the main priorities. Spain
is the country of residence of the largest community of UK nationals in the EU.

“The Spanish Government has
no plans to deport British citizens who have made Spain their home and, for
this reason, Spain has been one of the first EU countries to establish a
documentation procedure under the Withdrawal Agreement, which consists of a
declaratory system to apply for the new residence permit (TIE). We remind
British citizens that, although there is no time limit, it is important to make
this application as soon as possible as, among other things, it will facilitate
the administrative processing and the crossing of the external borders of the
European Union.”

If you are in the UK and
considering travelling to Spain or are in Spain and have friends or family
wanting to visit, you should be aware of the continuing travel restrictions on
both leaving the UK and entering Spain. UK Nationals must make sure that they
meet both the requirements to leave the UK and those to enter Spain, bearing in
mind that they are not the same. From 30 March, entry to Spain will only be
granted to those passengers who can demonstrate that their journey is
essential, as well as to those who are already legally resident in Spain.
Entering merely to visit, even if you have a second home here, is not a
justified reason for entry. You may be questioned on arrival by Spanish border
authorities to ensure you meet the entry requirements and they will only grant
entry if they are satisfied that your journey to Spain is essential and reserve
the right to deny passage. Ultimately, the decision on whether to grant entry
into Spain is made by Spanish border officials as set out in our Travel Advice.
For the latest information and links to the restrictions on leaving the UK and
entering Spain, we advise people to visit our Travel Advice page on gov.uk and
sign up for alerts, so that they are notified of any changes: https://www.gov.uk/foreign-travel-advice/spain