Understanding the Schengen 90/180-Day Rule for British Travellers
4 min read
What Changed? As of January 2021, due to Brexit, British nationals are no longer EU citizens and are considered third-party nationals in the Schengen area, including Spain. This introduces new restrictions on their stay in these countries.
What is the Schengen Area? The Schengen Area includes most EU countries and several EEA states, allowing border-free travel within it. However, non-EEA nationals, including British citizens, can now stay for a maximum of 90 days within any 180-day period without a visa.
How Does the 90/180 Rule Work? You can stay for up to 90 days within a 180-day period. Once you've used your 90-day quota, you must leave the Schengen area and cannot return until another 90 days have passed.
Flexibility of Stay Your 90-day stay doesn't need to be consecutive. You can split it across multiple visits within the 180-day window.
Consequences of Overstaying
Penalties for Overstaying: Non-EU nationals who overstay their 90-day limit in the EU or Schengen zone risk facing several penalties. These include deportation, fines, difficulties in returning to the Schengen area, and entry bans.
Deportation: Overstaying can result in deportation. Countries have the legal authority to imprison and deport overstayers or give them a limited period to leave. However, deportation is typically not enforced for visitors who aren't attempting to work illegally or claim benefits.
Fines: Overstayers also risk being fined, with the amount depending on the country. For instance, in Italy, fines can range between €5,000 and €10,000, while in Germany and Spain, they can reach up to €3,000 and €10,000, respectively.
Re-Entry Challenges: Countries can impose re-entry bans on those who have overstayed. These bans can vary from a few months to several years, often depending on the duration of the overstay. Moreover, an overstay alert tagged in the passport can lead to strict checks at border control and potential refusal of entry on subsequent visits.
No Uniform Policy: It's important to note that there is no uniform policy across EU Member States for penalties on overstayers. The consequences can vary significantly based on the country and the specific circumstances of the overstay.
Differences in Enforcement: The enforcement of these penalties may not be immediate or uniform. Some travellers may not face any penalties, especially if they cannot travel for a strong reason that can be substantiated.
Key Takeaways:
Non-EU nationals, including Britons, should be vigilant about the 90/180-day rule in the Schengen area to avoid serious legal and financial consequences.
The penalties for overstaying can be severe and include deportation, fines, and entry bans.
Each Schengen country may apply different penalties for overstaying, and the enforcement of these penalties can vary.
Given the recent crackdown on overstayers and the varied nature of penalties across different EU countries, it is crucial for travellers to be aware of their stay duration and ensure compliance with the Schengen rules.
Monitoring Your Stay Your passport will be stamped upon entry and exit, and a computer program will track the duration of each stay.
Restrictions Under the 90/180-day rule, you cannot undertake paid employment or studies in Spain without the appropriate visa. In the Schengen Area, including Spain, the 90/180-day rule imposes significant limitations on non-EEA nationals, such as British citizens, regarding work and education. Essentially, while under this rule, you are allowed to travel and stay in the Schengen zone for tourism, family visits, or business meetings without requiring a visa. However, this does not extend to taking up employment or enrolling in educational institutions.
If you intend to work or study in Spain:
Work: You must obtain a work visa. The process involves securing a job offer from a Spanish employer, who often needs to prove that the position could not be filled by an EU citizen. Various types of work visas cater to different employment categories, including highly skilled professionals, seasonal workers, and others.
Study: To pursue studies, a student visa is mandatory. This requires admission to a Spanish educational institution. The student visa also permits part-time work, subject to certain conditions and hours.
Process and Requirements: For both work and study visas, you need to apply before entering Spain. The application process involves submitting various documents, including proof of financial means, health insurance, and a clean criminal record.
Validity and Extensions: These visas are usually granted for a specific period, aligned with your employment contract or study program. Extensions or changes in visa status require additional procedures and justifications.
It's important to note that violating these conditions, such as working or studying without the appropriate visa, can lead to legal issues, including fines and deportation. Therefore, understanding and complying with these regulations is crucial for anyone planning to work or study in Spain under the Schengen rules.
Longer Stays
For longer stays beyond the 90 days allowed under the Schengen 90/180-day rule, UK nationals need to apply for a Spanish visa suitable for their specific situation. The application should be made before arriving in Spain. The types of visas and their specific requirements vary based on the purpose of the extended stay, such as work, study, retirement, or family reunification.
Here are some of the best official sources to find detailed information about the different types of visas and the application process:
Spanish Ministry of Foreign Affairs: This is the primary source for all types of Spanish visas. It provides detailed guidelines on different visa categories, required documentation, and application procedures. Visit the Spanish Ministry of Foreign Affairs.
Spanish Consulate in Your Country: Specific requirements and procedures can sometimes vary based on your location. Therefore, consulting the Spanish consulate or embassy in your country is advised. For UK residents, the Spanish Consulate in London is a valuable resource.
Spanish Government's Immigration Portal: This portal provides comprehensive information on immigration and residency in Spain, including the various types of long-term visas and their application processes. Visit the Spanish Government's Immigration Portal.
Expat Forums and Communities: While not official sources, expat forums like Expatica and Internations often provide practical advice and experiences from those who have gone through the process.
Remember, visa regulations can change, so it's essential to consult these official sources for the most current information.
Property Ownership The new rule does not affect property ownership rights for British nationals in Spain.
For more detailed information click on the subject link or consider consulting with visa and immigration experts if you need personal advice, as this is just a generic guide.