spainrico

What about Brits who are legally residents in Spain visiting say for example France?

bolton wanderer

I would think that Brits legally resident in Spain are still British citizens and the same rules would apply.

Joppa

As they are already in Schengen, there are no border formalities, but must still carry their passport and residence document (the new TIE or old green certificate). They can stay in Schengen outside Spain for 90-in-180 days.

scot47

Attendance Allowance is payable only if you are HABITUALLY RESIDENT in The UK. See UK.Gov website.

https://www.gov.uk/attendance-allowance/eligibility

Pistolpete2

The ETIAS website states "In the year 2022, citizens from the United Kingdom will be required to complete an ETIAS application prior to boarding an aircraft, sea carrier, or coach vehicle for Europe, and this includes travellers who will only be transiting in Europe en route to other destinations." So looks like we only have 2021 without the need for one.

My question is, in spite of NOT having to have an ETIAS application done in 2021, will the border controls still check to see whether you have spent over 90 days in 180 in the Schengen Zone in 2021 for UK passport holders? Or are we simply free to travel at will, subject to registration rules and of course local taxation rules?

I do note that on the face of the ETIAS website regarding UK Citizens and the need for the ETIAS application, there is no mention of the restriction of 90 in each 180. It makes it look like you can take the ferry back from Calais - France to Dover and then turn around and start another 90 days, which I don't think is the case.

stevesainty

There has been a lot of talk about swallows, those who over winter in Spain, with the various talks with the embassy staff and Spanish politicians. It may be possible, when the dust settles to apply, in Spain, for a schengen extension for less than 3 months, to avoid tax residency implications, for a small fee and form filling. In theory the Spanish are very amenable towards swallows, but they have to obey European law.

Having said that, in the meantime, non residents cannot stay in schengen area for more than 90 days in 180. If you drive through France to get to Spain you need to take the days in France into account. (also you will need international driving permits for both Spain and France.

It is not possible at all, legally, to stay longer.

If you are not Spanish residents you should not be on the padron. If you do not intend to live in Spain then you should not apply for residencia.

If you do decide to become a resident in Spain post December 2020 it will be a lot more difficult financial wise. If you only have a UK old age pension as income, you will not meet the criteria.

bolton wanderer

Just a couple of points.....

At the moment it is legally possible for UK residents to stay longer than 90 days. " You must register as a Spanish resident if you want to stay in Spain for more than 3 months. " https://www.gov.uk/guidance/living-i...-and-residency ...... However, things may change after 31st december.

At the moment, in order for a UK resident to stay longer than 90 days and remain legal, then they must register as Spanish resident. As part of the registration procedure, you must have an up to date padron certificate.

bobd22

Really being on the padron should not be required for residency. Many townhalls will not allow you to sign on the padron without showing a residency card. My townhall did allow this so my wife did get a padron certificate to prove her address. However you should be able to prove address by the following for residency, Nota Simple, deeds or signed rental contract.

bolton wanderer

Thanks for the information bobd22, I have a Notre Simple but my agent said that I would require a padron certificate less than 3 months old. I must admit that I would prefer not to be on the padron as I would have to cancel it when I left Spain.
I shall enquire at Alicante whether this is still a requirement. Thanks again.

bobd22

​​​​​​If you look up the Extranjero Office for your area and get an email address for them I would ask them direct. Malaga office were very good when I did that I just kept question simple and copied and pasted from translate. It worked fine.

EU.flag

Which "ETIAS website" ? There are loads of fake ones around.
ETIAS will act as permission to travel, not as permission to admit/enter. Admissions is controlled by Schengen rules.

Only legit ETIAS sites are on europa.eu.
https://frontex.europa.eu/faq/etias/

Etias was delayed to 2022 last year and covid19 outbreak will most likely push it to 2023 or later.
90/180 Schengen rules will be same as now.

3rd country national will be process as per existing Schengen rules. There is rules section that details processing 3rd country national with EU residence document.

Joppa

Malaga office sent me three PDFs of guidance for British citizen, two in Spanish (about principal applicant and family member) and one in English with details on documents required, whether translation is needed and what kind (private or certified/sworn) etc.

stevesainty

I am sorry Bolton Wanderer but you have mistaken the criteria for application for residencia completely. If you intend to live in Spain then you apply for residencia, you can apply for residencia anytime you like but it is compulsory after you have lived in Spain for 90 days. You cannot use residencia as a means of extending your stay in Spain beyond 90 days. You cannot be a resident in UK for 6.5 months and a resident in Spain for 5.5 months.
The padron is used by the local authority to get funds from the regional/national government, some local authorities have been heavily fined for allowing people to sign on the padron without being a resident.

I do feel sorry for you if you have previously split your time between UK and Spain, but unfortunately, beyond 31 December 2020, you will not be able to spend more than 90 days in any 180 in the schengen area.