Golfer2020

Hello,
I am trying to find the rules for UK expats currently living in the EU and wishing to holiday in Spain. If I was living in the UK it would be 90/180 I believe! Are there any expats out there that in a similar situation?
Thanks

Rosemary

What passport do you have?

Rosemary

Golfer2020

Hi Rosmary,
Still have a British passport, but German residency document.

Rosemary

I believe that it is your passport that dictates the rules of travel for you rather than where you have residency.

Rosemary

bobd22

That is my understanding too. You are protected under WA agreement for living in Germany however once you travel outside Germany to other EU countries then as a British Citizen you are treated just like any other British Citizen so as a 3rd country national.

Golfer2020

Thanks again. I think that's as good as it gets.

olivefarmer

I agree with the technical side but as both countries and intermediate countries are in Schengen with no border controls how would they know if you drove as so many folk do? It would be different if you flew each way.

DLC

It doesn't make any difference to how long you can stay in an Schengen country outside of Germany (90/180 days), but you'd need to show your residency card with your passport, if you were stopped, to explain any missing date stamps.

Bomber Harris

Internal borders of the Schengen zone have always existed for third country citizens.

Declaration of entry requirement for third country citizens crossing an internal Schengen border

Fines, arrest and deportation are on the menu if you don't. (And compliance is how they enforce the 90/180 limit).

Lou71

I agree, there is no way of anyone knowing you are in a different Schengen state. OK, you could find yourself in a situation where you had to produce ID but so what? You have a German ID card and there is no passport stamping within Schengen.

UK nationals do not have onward freedom of movement but it's difficult to enforce within the Schengen zone.

EU.flag

Best not to make wide presumptions on what is enforceable.
Some EU states have compulsory registration requirement when crossing border, usually within 3 days of arrival. Failing that, you'll be treated as illegal.
Not to mention that every pay for accommodation is reported to immigration service, in case you wonder why they ask for your passport.

I have feeling some are still in denial about loosing freedom of movement.

Rosemary

Members, please do not encourage others to take any risks regarding laws. Read Rule 2 again.

Rosemary

olivefarmer

I stand corrected. Forgotten about the requirement to register at accommodation despite us driving in and out of Portugal this week. Most places only asked for one id card not one for each of the party.. That seems a bit lax

Golfer2020

Thanks, for the replies it does depend on the passport. The CELEX_pdf confirms (the brexit bonus) loss of freedom of movement within the EU.

Mark604

Golfer2020, I'm the same. UK passport, German residency. I do understand I would run a risk if staying in Spain longer than the 90/180 day rule. That's what I've understood/accepted the rule to be. I may have slipped up by a few days from time to time as I don't accurately log the amount of days I'm there but it'd only be a few days by mistake if it ever happened, though I know that's no excuse theoretically.
I do tend to fly in an out mostly apart from the summer when I drive to Spain from within Europe and hence quite how my time in Spain would be recorded is open to conjecture.