UNITED Kingdom nationals travelling to the European Union and Schengen Area Member States are already going through a lot of changes, including additional checks at ports of entry, and even entry restrictions which have been imposed on third-countries amid Covid.
But, frequent travellers to the block and the borderless zone are now facing another struggle – a limited period of permitted stay within the block.
Under the Schengen Area rules of stay for third-country citizens, non-EU citizens entering the territory under the visa-free regime can stay for a maximum of 90 days, for every 180 days.
Those who overstay this period – intentionally or unintentionally – may face penalties, including deportation and entry bans, which the Spanish government made clear on January 7 and the new post-Brexit situation is proving a nightmare for thousands of Britons who own properties in Mallorca and elsewhere in Spain.
Robert David M.B.E. has owned a property near Bendinat since 2011 and until the end of last year, was a frequent visitor to the island spending long periods of time in Mallorca - now that has all changed as a result of Brexit.
Yesterday, the former Lord Mayor of Westminster, the youngest to date, and former deputy leader of the Westminster City Council said that he is facing a “nightmare” situation.
“Only yesterday I was trying to plan my travel movements for this year. I miss Mallorca and my friends on the island so much. I have been looking into every possible solution to overcome the three months in six rule but no one seems to have an answer.
“I’ve contacted four different lawyers in Mallorca, each one has a different answer and the Spanish Embassy in London is closed due to Covid, they are not even operating from home so my calls and emails are going answered, and I am not the only one. I’m hugely frustrated because I don’t know what to do.
“There was talk of a ‘non lucrative Schengen visa’, but there does not appear to be any clear information about that and there’s the ‘Golden Visa’ option for people who invest over 500,000 pounds in a property. That can be back dated to 2013, but I bought my property in 2011, so I’m excluded from that option and certainly don’t want to purchase another home on the island.
“So, in order to avoid the penalties and being domiciled and therefore obliged to pay tax in the UK and in Spain, on which I would never get a fair return, for the meantime I have to comply with the new rules.
“But, what it means is that any other trips I make take into the EU zone for weddings, weekend breaks etc. will all be counted and deducted from the length of period I can spend at my home in Mallorca.
“Where I live on the island, there are scores of Britons in a similar situation to me and apart from complicating our lives, this will have an impact on the local economy. I am retired and what consultancy work I do, I can conduct remotely from Mallorca.
So, I would enjoy long periods on the island spending a significant amount of money in restaurants, on car hire and shopping - for example. So no one will benefit from this in the long term, by which time I sincerely hope the matter has been resolved satisfactorily.
“A petition was launched on the parliamentary website and attracted over 10,000 signatures. Only last week, we received a reply from the British government and they more or less washed their hands with the matter on the grounds it was an EU ruling which member states are responsible for enforcing.
“So, hundreds of thousands of Britons with homes in the EU zone, not just Mallorca, are in a very difficult situation.”
17 comments
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People are so god damned complacent, governments making up these investment visa scenarios, basically allowing citizenship via money!! Are you freaking kidding me?? Everybody is just going to accept these new "mexican bribe" type scenarios thought up by these beaureaucrats!? We are all on earth, i for one am sick of my freedoms and choices being limited by grey suits looking to demarcate everywhere and my life experiences because of greed!
I’ve owned a property in Marbella Spain for 20 years. I voted Brexit I knew the consequences. No regrets here. I’m happy to stay under 90 days. I use as a holiday home only. When the time comes I will sell it for a tasty profit. for now I will have my 3 months a year and the family can have theirs. Best of both worlds for me.. adios Espana and the EU. My monies also going to Turkey next year.
All the Remoaners on here, button it. The UK left the EU, get over it. Perhaps the UK should treat the EU as a '3rd country' and impose a similar 90/180 day restriction instead of the generous 180/365 that currently exists?
No it has not 'to be resolved', this is it! It's the same rules for ALL the 3rd countries. The UK decided to join them and now they have to abide by those rules. "Welcome to Brexit, Sir. I'm sorry."
Well that is what was voted for. It's always been the rule for 3rd countries and they have to get on with it stop whining and trying to get special treatment, and accept the rules.
You wanted Brexit , SUCK IT UP ! Those of us that live here were robbed of our Brexit vote , we are left abandoned by the UK government & suffering the fallout ! I dont really see any reason why you feel " special" ? What makes you exempt from EU law . I suggest you get over it & if you can't then sell up & enjoy Brext , just stop whining because you got EXACTLY What you voted for ! Oops, didn't Boris tell you about all these problems !!!!!
Boo Hoo!! Join the rest of the worlds worth of non EU citizens! That is the way it is. I have had property for 25 years and I dutifully get my visa and depart after 90 days. I only got residencia after 15 years of visiting Spain because I married an EU citizen. Stop moaning and enjoy Brexit!
I contacted the Spanish Embassy in Manchester, via email, just two weeks ago and received a well structured response. For me, the only option is the 'Golden Visa'. I agree with some of the comments re our Uk Government's response / attitude. I emailed our local MP, an X cabinet member who in turn inquired upon the FCO who responded with the often rolled out default text. I'm only asking for a reciprocal arrangement, a EU citizen can stay in the Uk for 180 days visa free.
Its a real problem this. Brits have been coming to Mallorca and spending the majority of the year here without registering for residencia and without paying taxes and now we are told they can only spend 90 days here in a 6 month period. Its absolutely outrageous. Brits deserve to be able to do whatever they want. Oh and taking away our right to healthcare even though we don't pay taxes, its criminal.
Stephen, you sound like every single other Brexiteer I know. Thick as pig$#it.