I’m British and living in Spain – how can I prepare for Brexit? - Page 2

Only put info for non residencias as assumed people living full time in Spain have Spanish licenses - really appreciate the information on this forum as I learn so much. 

If you live full time in Spain you’re supposed to have Spanish licences; but I know of some who “live” in Spain but flit back and forth to blighty who feel the value of supposedly having both licences - illegally of course.

There will always be some I suppose who feel they are outside “the system” and that rules and regs don’t apply to them.

I think that if I want to drive in UK after March 2019 (HIGHLY unlikely!!) I’ll just get an IDP for UK from DGT in Spain (I think it’s DGT you get it from ...)

The original post was from a lawyer in Spain, it can't really be gainsaid, other than by another lawyer I guess.

Post Brexit, unless you are a registered resident in Spain you are likely to only be allowed to stay here for 180 days per calendar year, no more than 90 days continuous. If you are living in Spain without being officially resident as a non-EU national under the 'visa-free' terms then these are the rules likely to apply. Anything beyond that and you will be an 'overstayer' and thus an illegal immigrant. Those who pretend to be non-resident but actually live here full-time are also in for a shock in terms of tax residence. Entry and exit to all EU countries that are part of Schengen will be noted and days present will be counted up. As they are not legally resident they will be prevented from re-entering Spain once they exceed their 180 days per annum/90 days continuous. ETIAS certification (€7 charge) will also be required.

If you are already legally resident with established rights to live in Spain things won’t change, except you will have to sort your driving licence.

They are still discussing ETIAS at the moment; as it stands, UK has not yet been added to list of countries that will require ETIAS

Actually, ETIAS is already agreed. ETIAS stands for European Travel Information and Authorization System. The UK and EU are still negotiating about the free movement of people, and whether or not Brexit takes place ETIAS will be required for UK citizens as the UK is not in Schengen. It will be mandatory for all countries (like the UK) that are currently outside Schengen and visa-free. An ETIAS visa is an early indication as to whether or not an EU visa-exempt traveler is admissible into the Schengen Zone. 

ETIAS is not the same as a Visa requirement for entry to a country. Even in the event of Brexit or No Deal it is unlikely that a visa will be required for UK citizens to travel to Europe for the purposes of tourism and business. In November the European Commission decided to place UK nationals under the list of visa-exempt third-country nationals after March 29, 2019, the UK government having also declared its intention not to require a visa from citizens of the 27 EU Member States for shorts stays for the purposes of tourism and business.

The legal procedures to pass ETIAS started operationally in 2016. The system starts in 2021. ETIAS will undergo a detailed security check of each applicant to determine whether they can be allowed to enter any Schengen Zone country (like France and Spain). Citizens of countries who do not need a visa for travel purposes of up to 90 days in the EU do not need to go through a long process of applying for a visa but ETIAS will make sure that these people are not a security threat.

This Schengen area travel authorisation system will gather, keep track of, and update necessary information regarding visitors to determine whether it is safe for them to enter Schengen countries. ETIAS, besides being used for business and tourist purposes, will also allow people to visit Schengen countries for medical and transit reasons.

ETIAS will cost each adult €7 for each application. Beware of sites that claim that they will obtain an ETIAS approval for you for €60! Those under 18 will not have to pay any fees and the ETIAS approval lasts 3 years. It will require applying at least 3 days before any travel to a Schengen country. The authorisation is linked to your passport, each of us will need to bring the ETIAS authorisation email printout to the port or airport to prevent being denied boarding/travel. The validity of the ETIAS visa application is strictly related to that of the passport used.

It is not yet decided on which date in 2021 the Etias system will commence.

https://www.etiaseurope.eu/