Spain’s acting Minister of Industry, Trade and Tourism, Héctor Gómez confirmed this week that he held an “important meeting at the Foreign Office with the Director of Consular Affairs and Crisis, Jennifer Anderson, in which they discussed issues of interest regarding the stays of British tourists in Spain and discussed collaboration projects for future seasons,” and this is understood to have included the 90-day cap.
And, an important precedent has been set in France which Spain will hopefully look to follow for British second and holiday home owners.
The French Senate has this week approved a bill amendment granting automatic long-stay visa rights to British second-home owners in France “without the need for any formalities”.
This amendment is part of France’s immigration bill and will proceed to the Assemblée nationale for debate in December.
The change aims to address challenges faced by British part year residents post-Brexit, who are currently limited to spending a maximum of 90 days in the entire Schengen area.
The current limitation means they cannot go to 26 other countries if they’ve already spent 90 days living in their own home in France.
The amendment proposed by Senatrice Martine Berthet (of Savoie) and approved by France’s upper chamber recognises the unique situation of British part year residents, many of whom did not vote for Brexit and who find themselves in this situation through no fault of their own.
It seeks to simplify or even eliminate the visa process, by allowing for easier and extended stays for those owning a second home in France “without formalities”.
Other rejected amendments included a five-year ‘homeowner’ visa which was proposed by another Senator in response to the same issue. The approved amendment awaits further details in an additional decree.
If approved by the French National Assembly, it would mean that second home owners in France who get this automatic right to a visa (which seems to amount to a visa exemption), would only have to worry about the 90-in-180 day problem when visiting Schengen Countries other than France.
This would mean that British part year residents in France, just like their full-year resident compatriots in France, would be free once again to take holidays or business trips to Spain or other Schengen countries because they would still have the full complement of 90-in-180 days under the Schengen Visa Waiver available to use. At present, people in this position are blocked from visiting Spain even as tourists if they’ve run out of days.
This is potentially good news for Spain’s tourism industry, in the light of their renewed interest in solving the 90-in-180 day problem for all British visitors to Spain. It has yet to be seen if Spain will take the opportunity to move this idea on, during the remaining time of its Presidency of the Council of the European Union.
Andrew Hesselden, Campaign Director and founder of the ‘180 Days in Spain’ campaign which seeks to help British people in Spain in a similar position to those in France, told the Bulletin on Friday night that he is “delighted to see French senators recognise injustice of the situation that British part-year residents have found themselves in since Brexit”.
He said that his own campaign’s members “remain hopeful of similar recognition in Spain for everyone affected”.
“The French proposal, an ‘automatic visa entitlement without formalities’, is certainly in line with the kind of protection we would like to see for everyone who has made a part year home in France or Spain, whether they owned or rented that home or even lived with family regularly. We’re asking for a guarantee of protection akin to that given under the Withdrawal Agreement which seems very similar in practical effect to what the French Senators appear to be suggesting.
“People exercised their rights lawfully before Brexit, but many are still uncertain of their rights and feel in limbo today”, Andrew said.
“There’s still more work to be done to ensure that everyone is protected fully. We hope that UK, Spanish and French politicians will engage with us now to understand the issues fully and work with us to find the best possible solutions. Many of our members felt integrated in their local communities in France and Spain before Brexit, but now feel like they don’t belong anymore, which I think is sad.”
“If on 31 December 2020, British full-year residents had been told to leave France/Spain, return to the UK and come back only once they had secured a visa, there would have been public outrage. Yet, essentially this is exactly what happened to British part-year residents who also have lives and obligations elsewhere. The pandemic restrictions certainly masked the extent of this problem at the time.”
“Our members lobbying UK and Spanish politicians, have found Spanish politicians and regional presidents to be supportive and empathetic, but the response from members of parliament in the UK has been more mixed. We are encouraged by the fresh news last week that Spain seeks to eliminate the 90-in-180 day problem entirely for all British visitors. (Brittany said the same in 2021.) “
“And this comes on top of the very welcome news back in June that Spain has scrapped the six-month absence rule for losing temporary residency, which gives comfort and reassurance to thousands of British people living in Spain who were able to register before Brexit. Now the task in Spain is to help those who were unable to register or who were advised against doing so, to retrospectively gain the protection they desperately need.”
“This is just about treating people fairly and equally, so they can get on with their lives”. Andrew said.
“Personally, I’d love to see reciprocal, mutual Freedom of Movement restored, or even for us to rejoin the EU one day, but until we can persuade politicians to do either of those things, there is plenty that could be done to ease mobility right now, and not just for those with homes in Europe. I think the planned introduction of ETIAS and the UK equivalent in 2025, is truly tragic for the future of our continent and shared cultural understanding. Thankfully, the UK government has recently agreed to ease rules for French school groups visiting the UK with other nationalities set to follow, but clearly there is much more work to do.”
“And it’s not just about people with homes in Spain; we are also calling for more equitable and practical mobility arrangements for all British visitors to Spain to match what Spanish people get in the UK today. This should be as inclusive as possible”, Andrew commented.
“We should remember the UK still welcomes all French and Spanish citizens as visitors for up to six months per visit and that isn’t reduced at all by days spent in other countries. Brexit barely changed access for European visitors to the UK, although it did, sadly, impact their ability to settle or work without a visa, and it would be nice if even that can change in time.”
To back the campaign visit: www.facebook.com/groups/180daysinspain
50 comments
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Sally JI understand your feelings, however nearly half of the UK didn't vote for Brexit, our choice to remain European was taken away from us by a small majority. My daughter and grandchildren live in Mallorca and trying to navigate 90/180 is a nightmare, I try to work out if I can be there for birthdays, Easter and Christmas plus come over to look after the children when my daughter has work commitments or is not feeling well, simple things that most people take for granted, since Brexit is a minefield. I am on high alert at the airport to make sure I get stamped in and out, in case the border force say I have over stayed, visiting is no longer a joy, it's a nightmare. think that in general people don't realise all the implications of what many of us are dealing with through no fault of our own.
Ulla JacksonNot true about the projects. There are some that the U.K. are no longer interested in but are atill upholding their promise. Look it up.
Ulla JacksonIf you are referring to “hand over fist”, it just demonstrates once again that you are not British and that your knowledge of English is lacking. Where did I say that the U.K. should have special treatment ? Having said that, it looks like France and Spain are going to give the U.K. things they haven’t asked for. Why ? Because it will be profitable for them. Not for the U.K. THE U.K. and Germany contributed more than they got out. Spain, since day 1 has taken advantage of their generosity. Maybe a Thankyou would have been nice. At least we haven’t had to contribute to the last tranche of 140 billion euros, half of which is a gift.
Richard PearsonSo because the UK paid in , now it should have "special treatment". I'd I have a club membersips for many years, and stop paying, unfortunately the club's don't buy that you still should have sccess. The UK pay for the projects they still wants to be part of. Re Spain, including your Catalan friends,have benefitted greatly, not just on the back of the UK but if all who contribute more than they get out if it. I thought you knew that's how it has worked not since Brexit but over many years the UK was part of EU.
Richard PearsonCrude answers and suggestions have no place here, Mr Pearson, but tells a lot about you and your imaginations
Richard PearsonBecause like everybody else, Brits do indeed "need to", it seems you actually mean "shouldn't need to". I still haven't figured out why Brits in particular "shouldn't need to". Perhaps you can explain what makes Brits so exceptional?
Ulla JacksonNo “third countries” contributed to the EU budget from Day 1 as the U.K. did, or if you prefer, had to do.. They were contributing until the day they decided to leave and are still contributing to several projects that they had signed up to. Spain, on the other hand, has been given money hand over fist, most of which was misspent or stolen. Even today they can’t, or won’t, tell the EU where the last gift of dosh went. Previously you mentioned that the UK should be kicked out of the gym as they weren’t now paying the membership fees. Well Spain has never paid the fees, and of top of that have been using the pool and sauna, getting free massages and eating and drinking at the club restaurant, and when asked about the accumulating bills has told the club treasurer that maybe next year if the bank authorizes by overdraft, whilst at the same time asking family members to contribute even more to its ever more expensive lifestyle.
Morgan WilliamsOr don’t need to
Sally JYes, but they do complain. I think it's just a cultural thing. Brits tend to be British centric. But I'd wager that statistically, the percentage of Brits who (want to) visit Spain (or Mallorca) for more than 90 days at a time are a mere fraction of a fraction of the mainstream. And out of those few, I'd wager the percentage of them who are actually living here full time (but without registering) is a majority. They just can't be bothered to go through the process of getting residency (or wouldn't qualify).
Stephen McCartneyNot really. People voted for Brexit so can't really complain when Brexit happens. Third countries are all treated equally. Don't like it? Become a resident perhaps