HEALTHPLAN MAGAZINE

A looming Brexit deadline could soon see thousands of Brits who made Spain and other EU countries their home, forced to return to the UK.

The deadline for those living in Spain who are seeking residency is June 30, 2021, but this only applies to those who can prove that they were legally resident in Spain before the end of the year.

Since the UK is no longer a member of the EU, under the 90-day rule, British citizens who did not previously register before the December 31 deadline, are only allowed to reside in Schengen countries for a maximum of 90 days in any six month period.

The current Covid pandemic has seen many delays in regional authorities across Spain and it is estimated that thousands of Brits who have lived in Spain for many years but who have not obtained their residency status, could be made to return to the UK.

One of those Brits is John Shiers, who has lived in Spain for more than two years but missed the residency application deadline. He spoke to ITV News Europe Editor James Mates and said “It was naivety on my behalf. I didn’t put mine in until just after the deadline. And then it has been knocked back, shall we say.”

He is now appealing against the decision, but if the appeal isn’t successful, he will have to return to the UK by the end of March.

Another Brit finding herself in the same position is Abby Wallwork. Abby has been volunteering at the Donkey Dreamland Sanctuary in Mijas on the Costa del Sol in southern Spain since the beginning of the year. But just like any other non-resident British citizen, her 90-day stay is nearly over.

She said “My time’s up. The clock started ticking on the first of January, and there isn’t really an easy way around it, unfortunately.” She will be facing a fine or even deportation if she doesn’t return to the UK before March 31.

Abby doesn’t have a Spanish home but many hundreds and thousands do. And unfortunately, delays due to the pandemic, have meant that many, under the EU Withdrawal Agreement, have missed the January 1 deadline to apply for residency.

Many are wondering what will happen if they stay longer than the 90 days in any 180 day period.

Well, the answer is quite simple, you will be classed as an ‘undocumented immigrant’ meaning you could face a fine or even deportation, with a ban of returning for up to five years.

You can however apply for an extension if you are planning on staying longer.

An extension beyond the 90-day limit is usually only granted if someone has had an accident or there is ill-health. Otherwise, a visa or work permit is required and the periods of time authorised by these will not count towards the 90-day visa-free limit.

The European Union has urged member countries to be flexible but ultimately it is completely at the country's discretion.

A new system has been rolling out across Spain that will see permanent foreign residents, registered with biometric cards called TIE. The TIE card is compulsory for new residency applications but optional for existing residents. There have however been massive backlogs due to the high number of applicant requests.

Roughly 300,000 British citizens are officially registered as permanent residents in Spain but, before Brexit thousands more, without officially registering, have been living either full or part-time in Spain.

Social media users have also been very quick to respond saying:

"They had plenty of time to get their papers in order just like EU nationals had plenty of time to get settled status in the UK. If they didn’t manage to do so in 4 years it’s all their own fault."

Another added "Not really ‘new’ rules, it is another batch of the reality of being a third country outside the Schengen area. I wonder how many of those immigrants have gotten their paperwork in order?"

A third wrote "In Spain, you always had to register your residence. If you did not do so, you lived there illegally. I assume many Brits will be caught out by that. You would have thought they might regularise their status as soon as the Brexit vote came through, but it seems some waited until this year.

"And that is just too late. Illegal immigrants will be sent packing, and rightly so."

Spanish residency is still possible for non-EU citizens

Sadly, following the Brexit vote, British nationals not only lost their right to travel freely within the Schengen area, but they also lost the right to live in Europe visa-free.

Fortunately, all is not lost for those who want to still make Spain their home in 2021 as it is still possible to obtain a Spanish residency visa, although your acceptance will be determined by whether you have sufficient financial means to support yourself or are able to make a sizable investment in the country.

Learn more about Spanish residency visas.

Source

https://www.itv.com/news/2021-03-22/deadline-looms-for-undocumented-expats-in-spain-to-return-to-uk-under-new-brexit-rules