Living part time in Spain

Hi Sharon,

I'm afraid that, after Brexit, you won't be able to exceed 90 days in a 180 rolling days period, known as the "Schengen rule".  If you want to come for 90 days in one visit, you would need to leave the Schengen zone for 90 days before you could return again. 

This link to an article from the British Consul includes a further link to a calculator, for anyone who wishes to spend a few weeks at a time in Spain (or any other Shengen country) and needs to keep track of their movements:

https://www.janetanscombe.com/news/brexit-negotiations-affecting-british-nationals-in-tenerife.html

Although it is titled "Brexit negotiations affecting British Nationals in Tenerife" this does, of course, apply to mainland Spain, the Canaries and Balaeric islands, as well as the other Schengen countries, so if, for example, someone should choose to drive to Spain through France, countdown of the 90 days starts as soon as they land in France.

Kind regards,

Kim

Thanks Kim, I have read the link and understand some of it, not all of it. So, how I understand it is.... we can stay for a maximum of 90 days, return to UK, and can do the same again after 90 days in the UK...and repeat the pattern, so in effect it works out 3 months (approx) in Spain, 3 months in UK on a rolling pattern so to speak? .is that correct? Also, during the time we are in the UK, would we be able to visit other countries, or will we have ‘used up’ our travelling allowance so to speak? Hope this makes sense? 

Kind regards

Sharon

That is correct.

You could visit other countries outside of Schengen but not within if you use up your 180 days in Spain.

Hi Sharon,

You've understood it perfectly.  The Schengen rules apply to 26 countries (the UK and Ireland negotiated an opt-out):

The 26 Schengen countries are: Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, and Switzerland.

The "90 days in a rolling 180 days" period does not apply to countries that are not in Schengen so, for example, you could spend 90 days in Spain, go back to the UK for 90 days, but whilst you're there, take a holiday to the USA, Australia, Thailand, Mexico, South Africa - or any other non-Schengen country - without it having any bearing on the 90 days you spend in Spain.

You do need to remember, though, that if you travel to Spain via, for example, France, the 90 days starts counting down as soon as you land in France, rather than Spain.  Likewise for your return, if you travel via France (or any other Schengen country), the countdown ends when you leave France.

Kind regards,

Kim

Just to make it clear Sharon, it doesn't have to be a continuous stay of 90 days. You could make a dozen visits in any 180 day period, provided the total time here is no more than 90 days.

Thanks Kim, really helpful. We would be able to visit Turkey which would be our choice and it’s not on the list 😁.  Going to have a discussion with my partner tonight as we may consider early retirement andResidency in Spain. A different topic altogether and so many questions to ask.....we would be living off savings and a small private pension so need to know about eligibility etc. and entitlements ( NHS etc) in the UK if we go down this route and how often we could return to the UK. Any advice very welcome or useful links.

Thanks again 

Sharon

Thank you Ray, that’s really helpful. 

Hi Sharon,

The first place I'd recommend you start is by reading "Jim's Guides" on this forum:

Jim's guides - your complete guide to Spain

If you want to obtain residency in Spain, it will be much easier to do this year, whilst we're still subject to the Withdrawal Agreement transition period (ends 31 December 2020 - assuming the EU ratify tomorrow!).  After that, UK citizens become Third Country Nationals and the application requirements for becoming a resident in a European country will be much stricter.

The UK's NHS system is residency-based, so once you're no longer living in the UK, you won't have a right to use it, other than for emergency treatment during trips back to the UK.  As you're not State Retirement age, you would need to buy private health insurance to support your residency application.  After the first anniversary of obtaining your residency, you could apply to join the Convenio Especial, which costs Eu 60 per person, per month, up to the age of 65; then it increases to Eu 157 per person, per month, but hopefully UK citizens will still have access to the S1 system after Brexit, in which case you would be able to transfer your free healthcare rights from the UK to Spain, once you reach UK State Retirement age.  (Currently, you can also qualify for an S1 if you have an exportable benefit, such as Disability Living Allowance).  Alternatively, you could maintain private health insurance until you reach retirement age.  With both the Convenio Especial and PHI, you have to pay prescription costs, but the advantage of the C.E. is that it doesn't exclude pre-existing conditions.

At this early planning stage and in addition to healthcare, I'd recommend you pay particular attention to:

-  procedure and costs of buying property in Spain;

-  cost of living (electricity is expensive in Spain and Spanish homes are built to keep heat out in the summer, rather than keeping it in during the winter);

-  inheritance laws and Wills (especially if you and your partner aren't married);

-  exchanging UK driving licence for Spanish (something else that you would need to do this year - the alternative, after the transition period, being to take a Spanish driving test).

As you say, no problem with you travelling to Turkey - they're not in Schengen and not likely to be (although an EU-Turkey customs agreement exists, the EU shelved discussions with Turkey in 2018 regarding them joining the EU.)

Happy reading!

Kind regards,

Kim

Thanks, lots to consi