Visa from UK - Page 2

Hi Kelvin, just to clarify my earlier reply to you where you said nobody will be counting. .....can you tell us how you know this? Do you have a contact in the immigration authority or the police who has confirmed it?

I didn't contradict you, I said you may be right or you may be wrong. Chances are you may be right but I'm not so sure I would take the chance myself as I like to stretch back knowing that I'm not breaking any regulations!

Kind regards, Steve

I base my assumption on the reality that nobody takes any interest now.

I anticipate that will change on 1st Jan.

When this question was raised by Moldy1 at the beginning of September, I couldn't get a satisfactory answer out of the UK consulate in Alicante; however, I subsequently found this on www.gov.uk:

"The European Commission has not yet set out how the limit of 90 days in any 180-day period for visa-free travel will be implemented for those who are already travelling in the EU or Schengen Area on 31 December 2020".

This wording also appears under the bullet points in the extract that AngeBadge has posted above.  Personally, I don't see why Schengen rules would be applied to UK citizens before 1 January 2021, but I believe the wording above throws doubt on the assumption.  It is technically possible, because the UK Ambassador to Spain advised several months ago that monitoring systems were already being tested in Spain.

Kind regards,

Kim

Hi Kimmy

As you say, the statement does give pause for thought. I just keep asking myself, why would they?

I’ve never overstayed, but I understand that many have. Not that I’m criticising, I only say it as it appears that the Spanish appear to have not been overly concerned by this.

I’m due in Spain this weekend and will return to the U.K. early December. The plan is to then return to Spain in time for Christmas, and stay over the into February/March. I guess before all that happens, we may well have a clearer picture. 🤪🥂

Morning  Ange,

I think many of us would agree that Spain, at worst, would be ambivalent about applying Schengen rules before the end of the transition period, but the statement on the www.gov.uk references the European Commission.

Personally, I believe that Spain generally has little interest in tit-for-tat behaviour against UK citizens (despite the UK government's failure to reciprocate protection of Spanish citizen's rights in UK law), but it may have no choice, if the EU mandates the outcomes of any deal/no deal with the UK.  

I hope that, even in the event of a 'no deal', future negotiations between the UK and Spain, insofar as EU regulations will allow, could result in a more flexible, reciprocal approach.  As a Spanish resident, this doesn't affect me, but I do feel for the UK owners of holiday homes here. 

 Unfortunately, the bottom line is, the UK opted out of Schengen decades ago and Brexit is now bringing home the effects of a decision that no-one had reason to consider at the time of that opt-out, and would probably have had little impact on the debates leading up to the Brexit referendum.

As with all things Brexit, we have to prepare for the worst and hope for the best.  The deadline for a deal is now supposed to be 15 October (bearing in mind that other deadlines have already been and gone, and the transition period isn't over until the end of the year!). As I said in another thread, let's hope we have the answers by 31 December, although that will be of no help to the OP, Paul and Linda, and others trying to get similar clarification now 🤔

Kind regards, 

Kim

Morning Kimmy

Oh, I’m going to have to lie in a darkened room 😄😄 and then finish my packing 🎉🍾🥁🤸‍♀️🤪🥂

Hahaha!  I think that's how most of us feel 😄 Enjoy your hols! 🍾🙃

Who Dinnerout or Steve lol

Had reply from Embassy today, not much help still saying same thing:

 "

Dear Sir,

Unfortunately there is no indication just yet about when the announcement will be. As soon as this happens we will publish it on our website."

Gone back to them asking,  will there be sufficient time for us to apply and receive required Visa Requirement, we are due to Fly on 29 Nov 20?
 

Might go back and ask them what happens if we travel before 31 Dec, we will still be EU citizens nothing currently states you have to leave EU before 1 Jan 21 

Hi Paul, can I ask on what grounds you would apply for a Visa? The reason I ask is that a Visa to enter and remain in Spain is not a way of circumventing Residency regulations. Apologies in advance if you already know this.

Edit to add here is what the gov.uk website says about it

"To stay for longer, to work or study, or for business travel, you will need to meet the entry requirements set out by the country to which you are travelling. This could mean applying for a visa or work permit. You may also need to get a visa if your visit would take you over the 90 days in 180 days limit.

Periods of stay authorised under a visa or permit will not count against the 90-day limit. Travel to the UK and Ireland will not change.

Different rules will apply to EU countries that are not part of the Schengen Area. Check each country’s travel advice page for information on entry requirements"

So....until someone tests the system to see if a holiday stay over 90 days is granted via Visa we won't know for sure.

Kind regards, Steve