missile

They don't bother to deport the Moroccans so I doubt they will get too excited about a Brit 91 days in Benidorm.

bobd22

It's an immigration issue not really general police issue. The police MAY deal with it if they stop someone for another matter and find they are outwith time limits to legally remain in Spain. Surely there are those doing the same outside Costa Del Sol? I would imagine such people will hit a problem next time they leave Spain? However if they don't leave and keep their nose clean they may well get away with staying so long as not coming to attention of Spanish officials? Time will tell I suppose.

SanNico

Probably because they have residency. A lot are naturalised citizens now. Legal Moroccans outnumber legal Brits by more than 3 to 1. As for Benidorm, I spent 2 days there last month, after 91 I would be begging for deportation :-)

I've seen plenty of undocumented guys being taken away by the National Police. Maybe it's just my area but they stop and search anyone who looks shifty, drunk or high and ask for documents. If they can't produce, they are taken away. I can't say if they are deported or not as I prefer to continue with my meal than to follow them to the station.

bobd22

I would guess that Moroccans when picked up as illegals along with other illegals from Africa could well fall under the asylum/refugee category. As such they would be detained for process and no doubt some of them allowed to legally remain. I somehow doubt Brits fall into that category ?

Red Eric

Eurostat has a load of info which suggests Spain is pretty active at issuing orders to leave and enforcing deportations of non EU citizens who are not legally present. Also on there are EU-wide stats on deportees by country of origin, in which Moroccans feature very strongly. There's very probably an intersect there, given the geography.

missile

Why should a Brit illegal immigrant be treated differently to any other nationality?

Red Eric

Depends how you define an illegal immigrant, really.

For UK citizens in Spain prior to 31st December the following applies :
Questions and Answers – the rights of UK nationals under the Withdrawal Agreement

missile

Most of us understand the rules and do not need further clarification.

My post was aimed at those Brits who have lived in Spain for many years, but have made no attempt to apply for and do not meet the post Brexit requirements for residencia. What happens to those "illegal immigrants"?

Red Eric

I guess if they meet the pre Brexit requirements, they get to stay.

missile

It seems you do not know either <LOL>.

SanNico

This evening I'll be playing Brexiteer Bingo on this post. I'm off to get some popcorn in time for the banned members to finish work and swoop in with their tuppence worth under their various profiles . I might push the boat out and get salted caramel

Stingychips

Nothing in the papers about British overstayers being sent home. Probably taken to the station so they can prove who they are then released. Spainish police have always done that. Around marbella they are not sending anyone home.Even known offenders and people who cause trouble. It’s obvious the police there have much more important things to deal with. Anyone who watched “La Linea” on Netflix will know what’s going on down there.

Red Eric

But you asked a question :
to which I have given you a perfectly reasonable response.

To be more specific, a Moroccan national (for example) does not have the right to enter Spain without a visa and, with some exceptions, if he does and is subsequently confronted, he faces being removed from the country for not having the correct documentation.

A UK national who entered the country prior to 1st January 2021, on the other hand, did not need prior permission to enter, nor to remain in the country and not having the correct documentation is not, in itself, sufficient grounds for expulsion, since it isn't the document that confers the right. That is the message from statements such as those on the EU website about EU nationals exercising their freedom of movement rights and the one linked to above about the continued existence of those rights even in the absence of a residence document. It was also explicitly stated by the Spanish authorities that they would not be rounding up and deporting UK nationals who haven't complied with their obligations documentation-wise.

So, all in all, I'd say it's a perfectly reasonable theoretical assumption that in such cases, should they come to the attention of the authorities, the individuals concerned might find themselves being taken to task about administrative omissions and sanctioned for each offence accordingly, but also given the opportunity to regularise their situation. But no, of course I'm not absolutely sure it'll always happen precisely like that in practice.

Notdunroamin

The first line of that document states:

To benefit from the Withdrawal Agreement, United Kingdom nationals and their family members had to be lawfully residing in the host EU state in accordance with EU law on free movement on 31 December 2020 when the transition period ended.

If you don't meet that condition then you can stop reading right there.

Red Eric

Indeed, although I'm sure there's plenty of room on here for divergence of opinion about the exact meaning of the term "lawfully residing in the host EU state in accordance with EU law on free movement"

It doesn't alter my opinion any.