Update for Non-resident holiday home owners (
Legendary helpful member
Hi all,
The UK government seems to have been very quiet on the impact of Brexit on non-resident holiday home owners, who like to split their time between the UK and Spain. This update from the British Consul doesn't offer any better news than 'Schengen rules will apply", but it does at least suggest that the issue is on their radar:
"Updated 25 January: There is seemingly enormous concern suddenly about the situation for “swallows”, those part-time residents who visit Tenerife for several months each winter. Clearly they are in a difficult position right now because they often visit Tenerife for more than three months and after 31 December 2020 will be restricted to 90 days in any 180 as are all other 3rd-country nationals (please see below, especially 20 January update).
"The current legal situation is that when a part-time resident arrives in Spain they must register within three months and in reverse, deregister when they leave Spain. That way they can stay as long as they’re registered, and when they return to the UK will have access to the NHS. Without registering on arrival, they will not be legal in Spain – it’s one thing to be illegal as an EU national in an EU country but another thing entirely to be an illegal alien! – and without deregistering, they will be on record as living in Spain and so not entitled to the NHS when back in the UK because the right to use the NHS is a residence-based entitlement.
"This could be problematic of course because of the tougher registration requirements for 3rd-country nationals but such is the system. The UK’s Ambassador to Spain, Hugh Elliot, has confirmed that the British and Spanish authorities are aware of “the swallow issue”, and the matter is firmly on their radar BUT he cannot confirm that special rules will be put in place or be able to be agreed in the bilateral negotiations which are ongoing throughout this year and naturally which are yet to be concluded. He also stressed, contrary to what many “swallows” think and allege, that the UK and Spanish authorities are not only planning to monitor and enforce these systems, they are already talking to each other and doing so."
This link takes you to the article and a further link to a calculator for ensuring affected non-residents comply with the '90 days in a rollng 180 days' period. Please note that whilst this is posted on a forum in Tenerife, the relevant law does, of course, apply to mainland Spain, the Canaries and Balaeric islands, as well as the other Schengen zone countries:
https://www.janetanscombe.com/news/brexit-negotiations-affecting-british-nationals-in-tenerife.html
Kind regards,
Kim