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Update for Non-resident holiday home owners (

Posted: Wed Jan 29, 2020 12:31pm
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Kimmy11

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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


Posted: Wed Jan 29, 2020 12:53pm

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Posted: Wed Jan 29, 2020 12:53pm

Have read this article and it confirms everything on Gov.uk websites. We come a d go throughout the year usually for 2 or 3 weeks about 8 times a year. You mention registering each time in and out .will this not be automatic via passport controls or do you think necessary to register  where?

Posted: Wed Jan 29, 2020 2:43pm

LeckyLes

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Posted: Wed Jan 29, 2020 2:43pm

Kimmy11 wrote on Wed Jan 29, 2020 12:31pm:

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 sugges...

 

Read more...

...t 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


Excellent link Kim,and it also now includes important clarification on the Driving License exchange procedure 

LeckyLes 

Posted: Wed Jan 29, 2020 3:10pm

Kimmy11

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Posted: Wed Jan 29, 2020 3:10pm

Snowie123 wrote on Wed Jan 29, 2020 12:53pm:

Have read this article and it confirms everything on Gov.uk websites. We come a d go throughout the year usually for 2 or 3 weeks about 8 times a year. You mention registering each time in and out .will this not be automatic via passport controls or do you think necessary to register  where?

Hi Snowie123,

I learned today that monitoring of travel to and from the UK has already started (many of us thought that this wouldn't start happening until the end of the transition period), but it's the responsibility of travellers who are not resident in Spain (or any other EU country) to keep a log of their travel in and out of the Schengen zone, to ensure they comply with the "90 days in a rolling 180 days" rule. 

This is easy for people who want to spend the maximum 90 days in Spain, then return to the UK for 90 days and maintain that pattern, but for people like yourselves, who spend a few weeks here, a few weeks there, it's best to use the calculator which I provided in the link above, so that you can keep track.

Do remember, though, that if you travel to Spain through France, for example, the 90 days countdown starts as soon as you land in France, as it is also in the Schengen zone.

Kind regards,

Kim

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Posted: Wed Jan 29, 2020 3:15pm

Kimmy11

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Posted: Wed Jan 29, 2020 3:15pm

LeckyLes wrote on Wed Jan 29, 2020 2:43pm:

Excellent link Kim,and it also now includes important clarification on the Driving License exchange procedure 

LeckyLes 

Indeed it does, Les, which will be a relief to many people who are planning to move to Spain this year, but not before 31 January :o)  I've posted that information separately, in the hope that it would turn up in a forum search about driving licence exchanges - but in case anyone needs it, here's the link:

Clarification of deadline for residents to change their UK driving licence for Spanish

Kind regards,

Kim

Posted: Wed Jan 29, 2020 9:37pm

Kimmy11

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Posted: Wed Jan 29, 2020 9:37pm

I agree, Pete.  Many of us thought there would be no point monitoring traveller movements during the transition period, so I was surprised to read the statement this morning from Hugh Elliott, UK Ambassador to Spain, that they'd already started.

Kind regards,

Kim

Posted: Wed Feb 5, 2020 1:06pm

Socym

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Posted: Wed Feb 5, 2020 1:06pm

Thank you for this information. I guess they same will apply to British holiday home owners in France, Italy, Portugal and other EU country. I guess we will all have to keep a careful eye on how many days we spend in Spain, something we should be doing unless you ensure your UK home insurance covers you for leaving your property empty for more that 30 days. 

Thanks for post it's useful to clarify the situation. 

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