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BREXIT: Spain enshrines in law voting rights for UK residents in local elections

The Spanish senate has given the final green light to a reciprocal agreement with the UK on voting rights that has been in the pipeline for more than two years.

BREXIT: Spain enshrines in law voting rights for UK residents in local elections
Photo: AFP

On Wednesday December 2 the Spanish senate voted in favour of a bilateral agreement with the UK that will give British residents in Spain and Spanish residents in the UK the right to vote in post-Brexit local elections in the country they live in.

The deal was reported to be on the cusp of being finalised in December 2018 but it’s only now that the Spanish senate has ratified the last part of the bilateral treaty, as with the final Brexit deadline being continuously pushed back, they saw no need for it to come into force.

The deal received 236 votes in favour and 23 abstentions.

The bilateral agreement will guarantee that Brits who are official residents in Spain and Spaniards with ‘settled status’ in the UK can continue to vote in local elections after December 31st 2020.

When The Local Spain initially reported on the agreement, there were 37 locally elected British town and city councillors in Spain, mostly in the Valencia region and Andalusia, the two Spanish regions with the highest number of British residents.

The current negotiation will ensure that the roughly 300,000 Brits officially residing in Spain keep these two rights and will be able place their ballots – or stand – in Spain's next local elections.

READ MORE:

Brexit checklist for Brits in Spain: Residency, travel, healthcare, pets and pensions

Equally, more than 246,000 Spanish citizens have registered as ‘settled’ in the UK to maintain their rights in the country post-Brexit, including that of voting in local elections.

Spain’s ruling left-wing government intends for there to be no “elecciones municipales” in 2021, with either late 2022 or early 2023 being touted in its latest state budget.

The deal is a reciprocal agreement which will be treated as an international treaty that has to be ratified by Spain and Britain's parliaments.

Spain's local elections determine which councillors are chosen in the country's 8,116 municipalities and what seats political parties hold in the 38 provincial councils.

The municipal elections are usually held simultaneously with regional elections in most of Spain's autonomous communities.

British citizens will not be the first non-EU nationals who have the right to vote in local elections in Spain as the country already has bilateral agreements for this with Bolivia, Cape Verde, Chile, Colombia, South Korea, Ecuador, Iceland, Norway, New Zealand, Paraguay, Peru, and Trinidad and Tobago. 

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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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