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BREXIT

OPINION: Yes, second-home owners in Spain should be furious about the post-Brexit 90-day rule

Yes second-home owners in Spain and frequent visitors should be furious, but don't blame the EU for the "new" post-Brexit travel rules, writes Sue Wilson of Bremain in Spain.

OPINION: Yes, second-home owners in Spain should be furious about the post-Brexit 90-day rule
Second home owners in Spain will be limited to 90 days. Photo: Elektra Klimi/Unsplash

If you’re a British “expat” who follows the UK press, you’re presumably “furious” about the “EU’s new post-Brexit travel rules”, which ban you from spending more than three months in your European holiday home from January 2021. At least, that’s what the ‘Daily Mail’ suggests. In that particular publication, a bit of outrage and EU-bashing never go amiss.

Personally, I hate the term “expat”, as it confers an unwarranted and unwelcome status on to Brits. We are immigrants – no better or different to EU citizens living and working in the UK. I understand, however, that journalists use the term as shorthand for “British citizens living abroad”, which is a bit of a mouthful.

I’m not disputing that “expat” second-home owners are furious. I expect they are also worried, confused and saddened by the “news”. After all, there’s ample cause for concern.

However, the changes to our rights aren’t down to “new post-Brexit travel rules”. Yes, this is a result of Brexit but, no, it’s not new. The same rules have always applied to non-EU citizens, moving around as third country nationals.

We were fortunate to enjoy special rights that waived this rule. Brexit takes those benefits away. Countries that aren’t members of the EU club cannot expect exclusive membership rewards. Without the EU changing anything, Britain has chosen to put itself in a different category.

The ‘Daily Mail’ says that a 90-day stay means anyone visiting any EU country cannot return for a further three months.  It’s actually worse than that, as the rule doesn’t apply to just one country, but the entire EU bloc. 

So, once a 90-day allowance in a 180-day period has been spent, you cannot return to your holiday home in Spain, France, or travel anywhere in the EU.

Say goodbye to that romantic weekend break to Rome or Paris. While you can enter the Schengen area more than once in the 90 days, official guidance from the EU says “you must carefully calculate your days of stay as the overall period of stay must not exceed the overall total of 90 days of stay within any 180-days period”.


Photo: AFP

 

Hard luck on the “swallows” that like to spend all winter in the Spanish sun. They will find themselves returning to cold Britannia sooner than intended.

The ramifications of overstaying in Europe could be serious. Post-Brexit, British passports will be scanned on arrival and departure. Anyone caught “illegally present”, staying longer than permitted, risks an “over-stay flag” on their passport. This could lead to a fine, difficulties applying for any future visa, or even a re-entry ban.

As more details emerge re our lost rights, blame has frequently been levelled at the “vindictive” EU.  Spin abounds concerning “rules brought in to punish the Brits” when, really, it is standard third country national rules being applied.

The Leave campaign sold the lie that “nothing would change”, and many Brits assumed the UK could negotiate the parts of EU membership it liked and ditch the rest. Compliance with third country national rules didn’t register on voter consciousness. To allow British citizens special rights after Brexit would be unfair to other third countries – and in many cases, illegal.

Anger exists at the dawning realisation of what we will lose. For some people, late awareness has been a real shock. For those of us that have been pointing all this out for the last four years, it is incredibly frustrating.  We’ve been accused of “project fear” and told repeatedly that Brexiters knew what they were voting for. I’m not sure that was ever true, but they’re getting the idea now!

Why any British citizens living in Spain – under or over the radar – voted for Brexit is still difficult for me to fathom. It’s hard to think of a better definition of “turkeys voting for Christmas”.

I have some sympathy for second-home owners who are “furious” about the effect of Brexit on their lives. I empathise with anyone who stands to lose something they value, for no good reason and through no fault of their own.

However, those with second homes will merely have their European visits cut short. Brits in the UK on lower incomes may be deprived of their European visits altogether, and that could mean us seeing less of our families.

Regardless of your financial status, Brexit will make us all poorer, and that’s not the EU’s fault. No, it is entirely the fault of the charlatans who sold the British public a lie. Perhaps ‘Daily Mail’ editors and readers could be “furious” about that instead.

By Sue Wilson – Chair of Bremain in Spain

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Member comments

  1. Nicely explained Sue! Hopefully people will read this and stop blaming Spain or the EU or anybody other than the Tory government and those who voted for them!

  2. Is the ‘Daily Mail’ correct in stating that a 90-day stay means anyone
    visiting any EU country cannot return for a further three months?
    Although the rule doesn’t apply to just one country, does it apply
    to the ENTIRE EU bloc or just the Schengen zone?

    The example is Ireland. Many people will spend over 180 days a year
    in each of UK and Irish republic. Will days in the republic count
    against allowed days in Spain or vice versa? Obviously not – as there
    is no mechanism to monitor cross-border transits in Ireland. However
    this would seem to counter the assertion that the 180-day limit applies
    to “visiting any EU country”

    Is there official clarification on this?

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BRITONS IN SPAIN

FACT CHECK: Spain’s ‘£97 daily rule’ isn’t new nor a worry for British tourists

The British tabloids are at it again causing alarm over the so-called '£97 daily rule’ which Spain is apparently imposing on UK tourists, who in turn are threatening to ‘boycott’ the country. 

FACT CHECK: Spain's '£97 daily rule' isn't new nor a worry for British tourists

American playwright Eugene O’Neill once said: “There is no present or future – only the past, happening over and over again – now”.

In 2022, The Local Spain wrote a fact-checking article titled ‘Are UK tourists in Spain really being asked to prove €100 a day?, in which we dispelled the claims made in the British press about Spain’s alleged new rules for UK holidaymakers.

Two years on in 2024, the same eye-catching headlines are resurfacing in Blighty: “’Anti-British? Holiday elsewhere!’ Britons fume as tourists in Spain warned they may be subject to additional rules” in GB News, or “’They would be begging us to come back’: Brits vow to ‘boycott Spain’ over new £97 daily rule” in LBC.

The return of this rabble-rousing ‘news’ in the UK has coincided with calls within Spain to change the existing mass tourism model that’s now more than ever having an impact on the country’s housing crisis.

Even though Spaniards behind the protests have not singled out any foreign nationals as potential culprits, the UK tabloids have unsurprisingly capitalised on this and run headlines such as “Costa del Sol turns on British tourists”.

READ MORE: Why does hatred of tourists in Spain appear to be on the rise?

What is the so-called ‘£97 daily rule’?

Yes, there is theoretically a ‘£97 a day rule’, but it is not a new rule, nor one that applies only to UK nationals specifically, and not even one that Spain alone has imposed (all Schengen countries set their financial means threshold).

As non-EU nationals who are not from a Schengen Area country either (the United Kingdom never was in Schengen), British tourists entering Spain could have certain requirements with which to comply if asked by Spanish border officials.

Such requirements include a valid passport, proof of a return ticket, documents proving their purpose of entry into Spain, limits on the amount of time they can spend in Spain (the 90 out of 180 days Schengen rule), proof of accommodation, a letter of invitation if staying with friends or family (another controversial subject in the British press when it emerged) and yes, proof of sufficient financial means for the trip.

Third-country nationals who want to enter Spain in 2024 may need to prove they have at least €113,40 per day (around £97), with a minimum of €972 (around £830) per person regardless of the intended duration of the stay. It is unclear whether this could also possibly apply to minors.

The amount of financial means to prove has increased slightly in 2024 as it is linked to Spain’s minimum wage, which has also risen. 

Financial means can be accredited by presenting cash, traveller’s checks, credit cards accompanied by a bank account statement, an up-to-date bank book or any other means that proves the amount available as credit on a card or bank account.

Have Britons been prevented from entering Spain for not having enough money?

There is no evidence that UK holidaymakers have been prevented from entering Spain after not being able to show they have £97 a day to cover their stay, nor any reports that they have been asked to show the financial means to cover their stay either. 

17.3 million UK tourists visited Spain in 2023; equal to roughly 47,400 a day. 

Even though British tourists have to stand in the non-EU queue at Spanish passport control, they do not require a visa to enter Spain and the sheer number of UK holidaymakers means that they’re usually streamlined through the process, having to only quickly show their passports.

The only occasional hiccups that have arisen post-Brexit have been at the land border between Gibraltar and Spain (issued that are likely to be resolved soon), and these weren’t related to demonstrating financial means. 

Therefore, the British press are regurgitating alarmist headlines that don’t reflect any truth, but rather pander to the ‘they need us more than we need them’ mantra that gets readers clicking. 

To sum up, there is a £97 a day rule, but it is not new, it has not affected any British tourists to date, and it is not specific to Spain alone to potentially require proof of economic means. 

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