# Anyone else perching in Spain, dreading being forced back to UK at the 90 day point?



## far_wide (May 7, 2020)

I'm a UK national who, through being locked down outside of the UK by mistake last year and relatively tie-free, hasn't been back to the UK for a while and ended up in Spain.
As UK passport holders are now of course subject to the Schengen 90/180 rule, I now face the rather dismal prospect of being forced to travel to the UK or a non-schengen area at least before the end of March. It would of course be far safer and more sensible not to, but there it is unfortunately. I have to as far as I can discern unless anyone knows any different.

Just wondering if anyone is in a similar position and what they're planning? What with the growth of the UK variant in Spain and with the UK very vocally mumbling about enhanced travel restrictions themselves, I can easily imagine being in the bizarre position of it being illegal to stay and almost impossible to leave.
My plan at the moment is to wait until the last minute and see what options best present themselves. Might have to go for a weird option like go to a Caribbean island or something and blow the budget, I've honestly no idea.

By the way, just to cover the point, I could technically return home to the UK to live with my family, but some of them are elderly and I think we're all of the view that that wouldn't be the worth the risk at present.


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## Max Rigger (Aug 2, 2020)

Go back to the UK, self isolate, when sure your virus free return to your family.


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## kaipa (Aug 3, 2013)

Max Rigger said:


> Go back to the UK, self isolate, when sure your virus free return to your family.


As a UK national you can not be prevented from returning but will need tests and isolate. Staying in Spain will technically make you an illegal and you will eventually have to lead. By the way if you arent resident here what will you do if you fall ill ? You will not have access to national healthcare and also will not get vaccinated here.


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## trotter58 (Feb 8, 2017)

(From your post I assume that you're UK resident, the following is irrelevant if not)

Being a UK resident and returning to the UK as always been a matter of choice. Flights & ferries are leaving everyday and there have been very few periods when UK residents have been prevented from returning home. OK, you may have to use a different airport/ferry than your usual one but always possible to return.

Are you still covered by your travel insurance? I would be concerned about health cover as a non resident in Spain. Private health cover is available at a cost and, thanks to a Brexit deal, you can still make use of your EHIC card for emergencies but you are unlikely to get vaccinated any time soon.

I'm wondering why you didn't register for residency if you wanted to stay longer than 90 days. It's what's required and was a lot easier last year.


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## Isobella (Oct 16, 2014)

Strange that there are a rash of people now wanting to move to Spain when it has never been as difficult. They had a year to do it. Perhaps they wake up on a rainy day like today and think I know I’ll move to Spain. Ha ha.


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## Lynn R (Feb 21, 2014)

Isobella said:


> Strange that there are a rash of people now wanting to move to Spain when it has never been as difficult. They had a year to do it. Perhaps they wake up on a rainy day like today and think I know I’ll move to Spain. Ha ha.


Strange that you appear to have ditched your usual "people moved to Spain and worked/ran businesses there before Spain joined the EU so why should it be a problem now" when people warned of the problems which would be faced by UK citizens wanting to make the move post Brexit for "wanting to move to Spain when it has never been as difficult".


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## kaipa (Aug 3, 2013)

Well I dont know if Isobella took that particular stance but there certainly were many people saying " we were perfectly able to live in Spain before we were EU members so its Project Fear to suggest that post Brexit it wont continue".


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## Barriej (Jul 23, 2012)

far_wide said:


> I'm a UK national who, through being locked down outside of the UK by mistake last year and relatively tie-free, hasn't been back to the UK for a while and ended up in Spain.
> *I can easily imagine being in the bizarre position of it being illegal to stay and almost impossible to leave.*
> My plan at the moment is to wait until the last minute and see what options best present themselves. Might have to go for a weird option like go to a Caribbean island or something and blow the budget, I've honestly no idea.


Its never been impossible to leave, there are flights and ferries every day and you and you alone are responsible for getting yourself home (or not), your overstay is nobody else fault. 

As I'm assuming you were here before the cutoff date 31st Dec, why not just get residency?
Its not hard (in fact its simple) as long as you can fulfil all the financial and healthcare requirements. You will still be able to drive until the end of June as well on your UK licence.
Then when you leave you can dose without any fear of fine or a black mark in your passport.

If you look here 








Coronavirus Travel Updates: Where Can and Can't People Travel?


All the latest information on which countries are open to UK travellers and which countries are closed to UK travellers, following the global COVID-19 pandemic




www.wanderlust.co.uk





That was the list on the 22nd

Im not having a go here, just stating the rules of travel at this moment, in fact the Uk is one of the few places where travel has continued throughout this pandemic.


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## Isobella (Oct 16, 2014)

Lynn R said:


> Strange that you appear to have ditched your usual "people moved to Spain and worked/ran businesses there before Spain joined the EU so why should it be a problem now" when people warned of the problems which would be faced by UK citizens wanting to make the move post Brexit for "wanting to move to Spain when it has never been as difficult".


Haven't "ditched" anything. Difficult if movers want to be legal but probably there will be those still living under the radar in the future. Spain like the UK does not have the resources to clear them all out. Just curious with about 5 similar threads running three weeks after the finale, I don't have a stance. Just asking why now.


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## Pesky Wesky (May 10, 2009)

Isobella said:


> Strange that there are a rash of people now wanting to move to Spain when it has never been as difficult. They had a year to do it. Perhaps they wake up on a rainy day like today and think I know I’ll move to Spain. Ha ha.


There are always a lot of people asking about moving at the beginning of the year.
There are always people who say they want to stop smoking or go to a gym too...


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## Megsmum (Sep 9, 2012)

far_wide said:


> I'm a UK national who, through being locked down outside of the UK by mistake last year and relatively tie-free, hasn't been back to the UK for a while and ended up in Spain.
> As UK passport holders are now of course subject to the Schengen 90/180 rule, I now face the rather dismal prospect of being forced to travel to the UK or a non-schengen area at least before the end of March. It would of course be far safer and more sensible not to, but there it is unfortunately. I have to as far as I can discern unless anyone knows any different.
> 
> Just wondering if anyone is in a similar position and what they're planning? What with the growth of the UK variant in Spain and with the UK very vocally mumbling about enhanced travel restrictions themselves, I can easily imagine being in the bizarre position of it being illegal to stay and almost impossible to leave.
> ...


Not sure why your "stuck" in Spain due to covid and I'm pretty sure it won't hold much water with immigration....you've always been able to leave and enter the UK as a UK citizen, just like I spent 6 months last year during COVID round 1 and could have returned at anytime as a Spanish resident. How can you be here by mistake and you simply go home and self isolate. Not sure what the issue is really .


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## MataMata (Nov 30, 2008)

Barriej said:


> As I'm assuming you were here before the cutoff date 31st Dec, why not just get residency?


You need a shade more than just 'feet on Spanish soil' on Dec 31st.


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## Barriej (Jul 23, 2012)

MataMata said:


> You need a shade more than just 'feet on Spanish soil' on Dec 31st.


Which is why the next line said this......

*Its not hard (in fact its simple) as long as you can fulfil all the financial and healthcare requirements.*

In fact the regulations actually stated that you did not even have to on Spanish soil to start the process.

Im assuming the OP is renting, has been spending day to day on food etc. So can show a paper trail and bank statements
If so then, if they arrange healthcare and have 9k in the bank (Alicante rules) you don't need much else. 
In fact some of the members of this very forum showed UK bank statements for their applications in Malaga of around 6k and they were approved.
Ours were done in November and have been approved, just waiting on the fingerprint appointment now.

Obviously they have missed the boat for driving licence exchange.


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## Joey Testa (Jan 5, 2021)

Just stay in Spain and try to organise residence papers. Healthcare is not an issue as illegal immigrants are entitled to free health care.


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## xabiaxica (Jun 23, 2009)

Joey Testa said:


> Just stay in Spain and try to organise residence papers. Healthcare is not an issue as illegal immigrants are entitled to free health care.


There is absolutely no hope of the OP getting a TIE without private health insurance.


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## Joey Testa (Jan 5, 2021)

xabiaxica said:


> There is absolutely no hope of the OP getting a TIE without private health insurance.


true, but while waiting all illegal immigrants can get health care. Actually unless you wish to buy a property there is not much advantage to being "legal"


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## xabiaxica (Jun 23, 2009)

Joey Testa said:


> true, but while waiting all illegal immigrants can get health care. Actually unless you wish to buy a property there is not much advantage to being "legal"


Illegal immigrants don't get free healthcare. Asylum seekers do.


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## Joey Testa (Jan 5, 2021)

xabiaxica said:


> Illegal immigrants don't get free healthcare. Asylum seekers do.


Illegal immigrants (at least in Catalyuna) DO get free healthcare. No need to apply for asylum.


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## xicoalc (Apr 20, 2010)

Joey Testa said:


> Actually unless you wish to buy a property there is not much advantage to being "legal"


If someone is planning to stay permanently (or longer than the limit) then there are many "advantages" to being legal!


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## Joey Testa (Jan 5, 2021)

xicoalc said:


> If someone is planning to stay permanently (or longer than the limit) then there are many "advantages" to being legal!


examples?


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## MataMata (Nov 30, 2008)

Err, being legal and able to leave the country and return for starters.

UK citizens cannot be 'illegal immigrants' in the sense you're suggesting and certainly not to qualify for free health care.


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## xicoalc (Apr 20, 2010)

Tell me the disadvantages? Or, better still, why anyone should have the right to stay illegally in a country. Even not being on the padron is meaning that local authorities are not receiving the correct funding they should be.

Talking in general (and no to the poster specifically who I know if just making an argument) If there is one thing that really gets me riled its people who (as many have over the years) think they are above the rules and who look for trucos or loopeholes.

There is now a time limit for UK people.
Anyone here until 31st December (even if they thought they may stay but were not 100% sure, but at least knew would be some months) had every opportunity to apply for residency in a VERY simple way with no berocracy or hassle.
Anyone who is here now needs to make the choice as to leave by the applicable date or follow the legal procedures to stay.

And, as MataMata states - I wouldnt think the chances of ever being granted residency in Spain (or any other shenghen country) are very high if there is an overstay illegally recorded!

Finally, what gives anyone the right to get free healthcare that they are not entitled to? One thing is in an emergency but i (like most people here on this forum) work dam hard and pay one hell of a lot of contributions into the system for my healthcare rights. Whilst of course, anyone here under duress/asylum is completely different thing, i doubt many people would say that a UK person illegally overstaying has any right to use the resources that we all pay for and drain an already overstretched health service (hence why insurance is needed for residency now).


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## kaipa (Aug 3, 2013)

Err..good luck popping into your local salud and announcing you are an illegal immigrant!!.


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## xabiaxica (Jun 23, 2009)

Joey Testa said:


> Illegal immigrants (at least in Catalyuna) DO get free healthcare. No need to apply for asylum.


Cataluña isn't the whole of Spain.

yes, 'illegals' would get emergency treatment anywhere else in Spain, but not full access to the health service.


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## xicoalc (Apr 20, 2010)

kaipa said:


> Err..good luck popping into your local salud and announcing you are an illegal immigrant!!.


 jjajja

I can imagine it now... 

Guiri: "hablas inglesh? no hablo spanish....english? I no tengo papers, want free doctor"
Receptionist "no señor, has tenido mucho tiempo para solucionar su situación, vete al privado"
Guiri: "Typical spain!"


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## Overandout (Nov 10, 2012)

Joey Testa said:


> Illegal immigrants (at least in Catalyuna) DO get free healthcare. No need to apply for asylum.


Catalunya22 ! It IS you! Welcome back!


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## Joey Testa (Jan 5, 2021)

xicoalc said:


> jjajja
> 
> I can imagine it now...
> 
> ...


Certainlay it is hard to belive if you live outside Catalyuna. In Barcelona the mayor has published a guide for okupas and illegal top manta sellers have their own union funded by council taxes. Not to mention all the narcopisos.


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## kaipa (Aug 3, 2013)

Joey Testa, you do sound familiar.


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## Joey Testa (Jan 5, 2021)

well I don´t want to derail the thread. My point is that any UK citizen need not fear deportation no matter how long they overstay the 90 day limit. The worst that could happen is being refused persmission to board a plane returning to Spain from UK. In that case you can still travel back overland.


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## xabiaxica (Jun 23, 2009)

Joey Testa said:


> well I don´t want to derail the thread. My point is that *any UK citizen need not fear deportation* no matter how long they overstay the 90 day limit. The worst that could happen is being refused persmission to board a plane returning to Spain from UK. In that case you can still travel back overland.


That was the case before Brexit. 3rd country citizens can be, & often are, deported for overstaying. Or at the very least fined & banned from re-entering for sometimes years.


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## Joey Testa (Jan 5, 2021)

xabiaxica said:


> 3rd country citizens can be, & often are, deported for overstaying. Or at the very least fined & banned from re-entering for sometomes years.


Ok, well that is news to me. I never heard of anybody being deported from Spain.


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## MataMata (Nov 30, 2008)

Joey Testa said:


> My point is that any UK citizen need not fear deportation no matter how long they overstay the 90 day limit.
> 
> *And you know this how, coz you never heard of it?*
> 
> ...


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## Pesky Wesky (May 10, 2009)

Joey Testa said:


> Ok, well that is news to me. I never heard of anybody being deported from Spain.


I have!


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## Alcalaina (Aug 6, 2010)

Joey Testa said:


> examples?


For a start, nobody can accuse you of being an "illegal immigrant".


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## Alcalaina (Aug 6, 2010)

Joey Testa said:


> Ok, well that is news to me. I never heard of anybody being deported from Spain.


60% of undocumented arrivals in Spain are returned to where they came from, i.e. deported.









España ha deportado a más de 220.000 migrantes en los últimos 10 años


Las expulsiones por comisión de delitos siguen siendo minoritarias mientras que las vinculadas a la falta de papeles suponen el 60%, según un estudio publicado este miércoles




www.eldiario.es


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## far_wide (May 7, 2020)

Hi all, OP here, apologies for my lack of replies, I hadn't realised I wouldn't receive further notifications after the first one.

So, firstly I've no plans to become an illegal immigrant, I think the authorities here have quite enough of those arriving in cayucos at present!  (I'm in the Canaries).

I'll disregard the 'ever-so helpful' posts relating to simply returning to the UK anyway (why didn't I think of that). Yes I will if I have to is the answer, but I hope most people can appreciate that that isn't ideal at present.

I think the best solution I've heard is applying for residency which may well still be possible given we arrived before Jan 1st. However, in all honesty, I'm not quite ready to actually genuinely be resident in Spain properly as of yet, so this would perhaps only work if it's permissible to use that to stay for just a few months more (I'm aware that staying >183 incurs tax residency btw).

I'm still not keen on that idea though, as I don't want to mess around the authorities by pretending I'm going to be a long-term resident and then leaving before the 6 month point. Plus it'll set off all sorts of unwelcome things I imagine (UK/EU bank account closures etc).

Anyway, I don't wish to sound like one who loves having cake and eating it (as look where that got us all) so I will probably just have to return to the UK and rent an apartment somewhere until my relatives have had their jabs I guess.

Thanks, Brexit, another person served!


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