Brexit and UK leaving the E. U

Hi Moira,

I understand your frustration, there are many UK citizens who own homes in Spain and the rest of the EU who did not vote for Brexit.  

As a non-resident, property owner in Spain, you can still visit for the same amount of time that you could before Brexit, i.e. 180 days per year, just not in periods of more than 90 days and, if you should stay here for a full period of 90 days, you have to leave the Schengen zone for 90 days before you can return again.  This is what losing "Freedom of Movement" amounts to, but essentially, you haven't lost any days, you just have to use your allowance in a way that complies with Schengen rules; there will be a period of adjustment for all UK citizens to one extent or another.  

Arguably, the non-residents who are going to be affected by this most are the ones who broke Spain's residency laws (the so-called "Swallows" or "Snowbirds"), by exceeding 90 days here without registering, although if Spain had enforced its own laws when the UK had been a member of the EU, there would be many non-residents with a mindset better placed to deal with this Brexit-related change.  Not that I'm blaming Spain in any way - the UK chose Brexit and those of us who didn't vote for it have to suffer as well.

Perhaps, in years to come, the UK and Spain will come to a bilateral agreement, independent of the EU, that recognises the numbers of immigrants from each country that live and work in the other.  In the meantime, and while we wait for completion of the Covid-19 vaccination programme, I'd suggest trying some potential dates in this Schengen calculator, to get a feel for when and for how long you could visit your home here:

https://www.schengenvisainfo.com/visa-calculator/

The alternative is to apply for Spanish residency, although this is probably the area where UK holiday home owners are feeling the Brexit effects hardest.  Pensioners, early retirees and others not planning to work in Spain can apply for a Non-Lucrative Visa, but the financial requirements that have to be met are much higher than when we were EU citizens.

Kind regards,

Kim

I think Moira is saying that she didn't vote to leave the EU..... Not that she didn't vote at all. 

I did vote, just not to leave the E. U. 

You state that maybe the EU and Spain may come to a bilateral agreement, independent of the EU.

The trouble with this is that the Rules are Schengen rules, if you are a member of the club the rules apply.  As vote in 2016 has raised it head, the UK left the club and therefore the clubs rules apply.

I'm lucky as a citizen with Dual nationality so I still have FOM, I cannot stay over 90 days in any Schengen country.

I think the point that was been made was that under Spanish law if you were staying for longer than 90 days in one continuous stretch then you were obligated to apply for residency.

If Spain had enforced this throughout the period of its operation, then the British homeowners who choose to  "winter" in Spain would have been slapped on the wrist / advised of the requirement as and when they departed Spain back to the UK. If they'd work on a 3 strikes policy it would at least have probably had some media attention but as it was Spain choose not to do anything regarding these breaches.

Whether that choice was because the technology/infrastructure wasn't there to support it, I have no idea but I have little doubt it resulted in unrealistic expectations from those who were overstaying the 90 days and not applying for residency in a post Brexit environment. Indeed, I'm fairly sure there are/were plenty of others who overstayed the 183 days without becoming fiscally resident and have therefore deprived the Spanish authorities of monies they are legally entitled to.

However, in my mind it shouldn't have taken Brexit to manifest these issues and whether I agree with Brexit or not, the main issue of 90+ day stays requiring a residency application applied both before and after the UK's exit from the EU.

Thanks for that George, do you know anything about the restriction on buying houses regarded as being within Military areas, and what areas in Murcia are considered military areas.

I'm afraid I don't - it's not something we had to "endure" as a purchaser as we bought a few years back and I understand the requirement is applicable to purchasers from non-EU countries which didn't apply to us at the time.

I could write some prose about San Javier (and the reversion of the airport back to the military) but I don't think that actually matters a jot - it's simply an additional new process that British purchasers need to go through given their non-EU status in numerous circumstances.

It does seem a law that is right for repeal though - I seem to think it dates from the 70s - but if it's one of those which generates revenue to the Exchequer and work for abogados in Spain then from a Spanish government perspective why would you change it!

Yes very frustrating as the referendum in 2016 was only advisory!! Not legal. And not the Will of the People as there was not a majority.

All lied to, and betrayed by the Conservative Party.