The consequences of Brexit are already looming in our daily lives. At AP Legal Services, we are at your disposal to assist and advise you.
The exit, decided by a vote of the British people from the European Union, supposes a renunciation by its nationals to the freedom of movement that the Schengen area grants to its members. As you know, since 1st January 2021, the current regulation for British are the same as those citizens that apply to anyone coming from non-EU countries, one of those regulation being the maximum stay of 90 continuous days throughout the Schengen area. This clear consequence of Brexit is going to begin to become evident very shortly , forcing all those who do not have legal residency in Spain to leave the country for at least another 90 days before they are allowed to return to the European Union.
This new situation will greatly affect those “swallow tourists”, who divide their stay between Spain and the United Kingdom or those who make one-way trips without a specific date back to the United Kingdom. This new situation will force them to decide to take the step and settle permanently in Spain as their home in most cases ( if pensionists) or alternatively apply for a non-profit visa or visa for tourism purposes , depending on each case to be studied thoroughly. All the aforementioned will carry consequences of an administrative nature but also taxwise, which will vary depending on the decision made; We therefore as lawyers in Spain highly suggest to take professional advise which we offer taking into account client´s personal circumstances.
Gone are the trips without a closed or decided return date or last minute visits to our country or the rest of Europe. Unless the Kingdoms of Spain and the United Kingdom reach a specific agreement to extend this limitation of continued stay, it will no longer be possible to make trips to our country without planning or counting stays already consumed in the Schengen area in the desired visit period or the trips in which decide the departure but not the day of return. The departure of the United Kingdom from the European Union has strong consequences for everyone, and one of them will soon be suffered by British citizens who have their second residence in Spain or who are regular visitors to our country. Let's hope that common sense prevails among our leaders, and soon we can celebrate the signing of bilateral agreements that will make this situation more flexible. Meanwhile, we must advise to be vigilant and comply with current laws, since the infractions for non-compliance are not only economic but also veto and prohibition of entry into the Schengen Area. At Adriana Pérez Legal Services we are here to advise and help you with immigration procedures. For more information contact us through our page