Petition to get the Spanish authorities to review the 90 stay, this needs spreading far and wide - Page 11

Interesting : “France are thinking of doing it allready  we’re (sic) you can stay up to 12 months” - can you give a source for this please Ian? I’d love to read up about it - it would certainly lend weight to Spain doing the same.

I actually seen this on the French tv channel a few months back , ( France 24)  when they were talking about visas for uk visitors .. and it was all so mentioned here in the uk ( Adam Bolton) sky reporter was saying France will be the first to offer visas , I have family in France and a few have bussiness in uk , and houses in both .. a few have English children as well even thoe they live between France and uk .. still it is what I have heard and it will be intresting to see if it happens , if the rest will follow ....

Well said Ian, let us all hope so.

I own a property in Spain and yet, for many reasons, I voted to leave the EU. I knew it would affect my ability to visit European countries but also accepted that this was the case when I visited many countries outside of the EU anyway. 

I have followed the link to this petition (and signed it cos what the heck, common sense for the greater good of the masses might just prevail eventually). However, if you follow the link you can also read the Government's response. I'm no expert but it reads to me as if each country does have control over it's own borders.... 

If changes are made that benefit the majority within a country then great, if not then I knew I took that chance when I voted. 

Without getting into the exchange rate argument and losing thousands (because I am no expert) I imagine that a UK pension still goes a lot further in Spain than it would in the UK which is why I imagine a lot of people, like my mum, chose to be resident in Spain. 

So if perhaps people read the Government's response, maybe it means that there IS hope for change.... 

So if that is the case that each country as controls over its own borders why on earth did we have to leave Europe in the first place ?

Because brexit was mostly about controlling oure own borders ! 

Am I right ore not, they where all saying Britain was too overcrowded 

I personally think that that Brexit was so much more than just controlling our borders... 

control of borders was just 1 thing

Each country is sovereign in respect to setting terms for long-term visas - and always has been.  Visas that are for the purpose of migration 

Those countries that are within the Schengen are not free to unilaterally extend short-term stays for Third Country Nationals.  Even New Zealand is restricted (until 2022) to 90 days in each country.

Saw this.  Thought it was on point.  I post the article and attributions wholesale and offer no comment.

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OPINION: Neither Spain nor the EU are to blame for some Britons having to leave

Some 500 Britons are to be deported from Spain, according to claims in the British media. Sue Wilson, from Bremain in Spain responds to the phoney reports and also the false accusations that somehow the Spanish and the EU are to blame for those Britons who might have to return home (but won't be deported).

If you follow the British media, you’ll have seen numerous articles (see below) about UK nationals about to be deported from Spain or leaving of their own accord, to avoid the risk. Emphasis has been placed on the alleged actions of the Spanish authorities, or the EU in general, rather than the individuals concerned.

Firstly, who is leaving Spain, who is concerned about this issue, and what are the consequences of them overstaying? It’s a broader range of individuals, with a broader range of motivations than you might expect.

Some British people, for a variety of reasons, missed the Brexit deadline of December 31st 2020. If a UK national wasn’t in the country before the end of the transition period, they couldn’t apply for residency under pre-Brexit terms. Anyone applying for residency in this post-Brexit world must meet a more demanding set of criteria and won’t benefit from the protection of the Withdrawal Agreement (WA). However, anyone who can prove they were in Spain before the end of 2020 can still apply for residency under WA terms, even after April 1st, and regardless of whether they’ve already started the application process.

Some UK press reports have included interviews with returning Brits who applied for residency but were denied. In the vast majority of cases, no reasons for these residency refusals were given, so we can only speculate. One thing is for sure: the Spanish authorities have every right to say “no” if their requirements aren’t met.

A large group returning to the UK are the “under radars” – those living in Spain without being legally registered, sometimes for years or even decades. This group draws little sympathy from “resident” Brits who feel they have done the right thing and paid their taxes.

Meanwhile, the reaction from many “under radars” appears to be surprise or shock. There should be no surprise, as they’ve had four years to confirm the requirements and start the residency application process. However, we can’t know everyone’s personal circumstances. Whatever these may be, deciding which country to call home is a tough choice even under the best of circumstances. Now that element of choice has been removed.

Brits were always required to apply for residency after spending three months in Spain, assuming they intended to stay. While we were members of the EU, Spain, and many other EU countries, have taken little action about overstayers. Many people who will become “undocumented” on April 1st clearly think that Spain’s attitude to their presence won’t change, and they can continue to live under the radar. It’s a big risk, considering the consequences – a fine, deportation, and possibly being barred from re-entry into the EU (not just Spain) for up to five years.

Time will tell how this scenario pans out, but overstayers should be aware that they are no longer EU citizens and will be treated as third country nationals. They will face the same immigration policies that apply to citizens of America or Algeria. While third country national rules may be new to Brits, the Spanish authorities have been dealing with them for years. Despite suggestions in the media to the contrary, these rules are not new, and the Spanish, or any other EU government, are not to blame for the position we’ve been put in. They are merely enforcing rules that apply to non-EU members – a consequence of Brexit that the British government, if not all British citizens, would have been very well aware of. Indeed, the British government helped to write those rules.

For Brits in Spain who need to apply for residency, there’s still time. If you can prove that you were living here before December 31st, you can apply and benefit from the WA. You’ll need hard copy proof of where you were living – such as a mortgage or rental agreement – and to show when you arrived in Spain. Even if you haven’t started the process by April 1st, you won’t be classed as an illegal immigrant if you intend to apply for residency or your application is being processed. First-time residency applicants can start the process online, so you can put yourself in the system while awaiting personal appointments.

The British media has claimed 500 people are to be deported when their 90-day visitation period expires on March 31st.

Is that number accurate? It’s probably as accurate as the much-mooted figure of 350,000 Brits residing in Spain – clearly, this was always a significant underestimate of the true number.

With the 90-day rule being applied, and a raft of new residency applications coming forth, we might finally find out how many Brits really did make Spain their home.

A warm welcome to all the newbies!

Sue Wilson

Chair – Bremain in Spain

Source: The Local