# Caravan in Benidorm



## MAMdad321 (11 mo ago)

Hello everyone, we are thinking of buying a caravan in Benidorm but, we are unsure of the Spanish leg system around these types of accommodation. 
E.G. how long can we stay in the caravan before falling foul of the law. 
Health system are we covered.
Do we need to have a big bank account

Any information would be helpful.
Thank you


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## xabiaxica (Jun 23, 2009)

MAMdad321 said:


> Hello everyone, we are thinking of buying a caravan in Benidorm but, we are unsure of the Spanish leg system around these types of accommodation.
> E.G. how long can we stay in the caravan before falling foul of the law.
> Health system are we covered.
> Do we need to have a big bank account
> ...


Welcome!

How much time you can legally stay in the caravan will depend upon the status of the site. Some are fully residential, some not.

How much time you personally can stay in Spain will depend upon your status & nationality.

If you don'r have an EU passport & are not already a legal resident in Spain, you'll need to apply for a resident visa in order to stay for more than 90 days in every 180.

Healthcare again will depend on your personal circumstances.

So...what passport do you hold, & where are you currently resident?


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## tebo53 (Sep 18, 2014)

MAMdad321 said:


> Hello everyone, we are thinking of buying a caravan in Benidorm but, we are unsure of the Spanish leg system around these types of accommodation.
> E.G. how long can we stay in the caravan before falling foul of the law.
> Health system are we covered.
> Do we need to have a big bank account
> ...


Are you asking if you can buy a caravan in Benidorm and come and live in it permanently or just regular visits? Are you retiring here?What passport do you hold? 
You will get better quality information if you tell us the answer to the above questions. 

Steve


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## MAMdad321 (11 mo ago)

xabiaxica said:


> Welcome!
> 
> How much time you can legally stay in the caravan will depend upon the status of the site. Some are fully residential, some not.
> 
> ...


Sorry for the delay in answering. We hold British passports and from England. The caravan site is open all year. We retire in 2 years so trying to get as much information as possible. If I understand your reply correctly we can stay for 90 days then we would have to leave Spain. For how long before we can return? 
Then we can come back and do another 90 days and repeat the same process over and ove?


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## woodpecker9 (Jan 22, 2021)

xabiaxica said:


> Welcome!
> 
> How much time you can legally stay in the caravan will depend upon the status of the site. Some are fully residential, some not.
> 
> ...


I am a bit confused about this 90-day rule, I thought the 90-day rule applied to all including EU passport holders.


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## MAMdad321 (11 mo ago)

So am I. Just out of curiosity how, where, and what’s involved in getting a residents visa.


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## Joppa (Sep 7, 2009)

MAMdad321 said:


> Sorry for the delay in answering. We hold British passports and from England. The caravan site is open all year. We retire in 2 years so trying to get as much information as possible. If I understand your reply correctly we can stay for 90 days then we would have to leave Spain. For how long before we can return?
> Then we can come back and do another 90 days and repeat the same process over and over?


90 days in the whole of Schengen area. And yes.


woodpecker9 said:


> I am a bit confused about this 90-day rule, I thought the 90-day rule applied to all including EU passport holders.


While EU citizens are meant to register their presence/residence within 3 months, since they have freedom of movement, Spain and other EU countries don't enforce it so you can effectively stay as long as you like. There is a question of tax residency and paying income tax in Spain, but that's a separate issue. For non-EU citizens and others who don't have freedom of movement (unlike Norwegians, Swiss etc), you can only stay in Schengen for 90 days in any 180, and if you exceed it (and it's easier to be caught as passports are stamped, and you can be fined, deported and possibly banned from entering Schengen for a period of time, often 2 years). So it's a very different ballgame for UK citizens without EU passport (such as Irish) or EU spouse/partner.


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## woodpecker9 (Jan 22, 2021)

Joppa said:


> 90 days in the whole of Schengen area. And yes.
> 
> While EU citizens are meant to register their presence/residence within 3 months, since they have freedom of movement, Spain and other EU countries don't enforce it so you can effectively stay as long as you like. There is a question of tax residency and paying income tax in Spain, but that's a separate issue. For non-EU citizens and others who don't have freedom of movement (unlike Norwegians, Swiss etc), you can only stay in Schengen for 90 days in any 180, and if you exceed it (and it's easier to be caught as passports are stamped, and you can be fined, deported and possibly banned from entering Schengen for a period of time, often 2 years). So it's a very different ballgame for UK citizens without EU passport (such as Irish) or EU spouse/partner.


So the 90-day law is the same for all, but for some, it’s a ballgame?


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## Joppa (Sep 7, 2009)

woodpecker9 said:


> So the 90-day law is the same for all, but for some, it’s a ballgame?


No it isn't. There is a massive difference between EU citizens and others with freedom of movement, and non-EU citizens (called third country nationals) like UK citizens post-Brexit. The first group has the right guaranteed by EU treaty to live, work, retire etc throughout EU, with a minimum of red tape. While most EU countries have domestic rules requiring EU citizens in their territory to register, it doesn't override EU law so they don't enforce it. Hence a large number of Britons who lived under the radar pre-Brexit. Now UK citizens come under the Schengen rule (which is EU law) of 90-in-180 days, and EU countries actively enforce it and their own immigration law, as they do for all other non-EU citizens.


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## MAMdad321 (11 mo ago)

Just to be clear the maximum length of time we can stay in Spain without a residence permit is 3 months ( 90 days ) twice a year which should roughly add up to 180 days. Is that correct? 
This is policed as our passport’s will be stamped whenever we return to Spain as UK passport holders?


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## woodpecker9 (Jan 22, 2021)

Joppa said:


> No it isn't. There is a massive difference between EU citizens and others with freedom of movement, and non-EU citizens (called third country nationals) like UK citizens post-Brexit. The first group has the right guaranteed by EU treaty to live, work, retire etc throughout EU, with a minimum of red tape. While most EU countries have domestic rules requiring EU citizens in their territory to register, it doesn't override EU law so they don't enforce it. Hence a large number of Britons who lived under the radar pre-Brexit. Now UK citizens come under the Schengen rule (which is EU law) of 90-in-180 days, and EU countries actively enforce it and their own immigration law, as they do for all other non-EU citizens.


So are you saying the 90-day law (Spanish, Schengen or EU, or whoever) does not apply to EU citizens? This is all very confusing.


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## Joppa (Sep 7, 2009)

woodpecker9 said:


> So are you saying the 90-day law (Spanish, Schengen or EU, or whoever) does not apply to EU citizens? This is all very confusing.


There is no 90-day limit under EU or Schengen rules. EU citizens have the freedom of movement guaranteed under EU treaty, so they can stay as long as they like throughout EU. Now individual EU countries can pass domestic law requiring them to register their residence if staying longer than 3 months. They cannot make it a condition for them to stay, as domestic legislation cannot override EU law. Most EU citizens comply with it, as it makes their stay easier and makes it easier to access various services, but 'offenders' cannot be deported simply because they haven't registered, except on national security or other serious grounds. When UK was in EU, the government didn't mandate EU citizens to register, so they had no idea how many EU nationals were living. They had an estimate, which proved to be a gross underestimation when EU citizens were made to apply for settled or pre-settled status because of Brexit.


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## MAMdad321 (11 mo ago)

So where does this leave me as a British citizen?


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## Joppa (Sep 7, 2009)

MAMdad321 said:


> So where does this leave me as a British citizen?


Unless you lived in Spain prior to 31st December 2020 and can prove it (in which case you come under the withdrawal agreement with a status similar to when UK was in EU), you are a third country national, like US citizen, Canadian, Japanese, Russian or Chinese (except the last two require a visa to visit Spain and EU). So you no longer have freedom of movement, and other than a temporary stay of 90-in-180 days under the Schengen rules, you need to apply for a visa in UK before travelling to Spain to live, work or retire. For retirement, the most suitable is non-lucrative visa, which requires an income of around 27,800 euro (around £23,170) a year (plus 25% for each dependant) and full private medical insurance. Application fee is around £500, and it's valid for a year, and you can renew it in Spain twice more for 2 years each, and after 5 years you can apply for permanent residency. It's very difficult to get work or self-employment visa, as Spain has very high unemployment and jobs have to be offered to Spanish or other EU citizens first, and there is a high hurdle to qualify for self-employment.


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## woodpecker9 (Jan 22, 2021)

Joppa said:


> There is no 90-day limit under EU or Schengen rules. EU citizens have the freedom of movement guaranteed under EU treaty, so they can stay as long as they like throughout EU. Now individual EU countries can pass domestic law requiring them to register their residence if staying longer than 3 months. They cannot make it a condition for them to stay, as domestic legislation cannot override EU law. Most EU citizens comply with it, as it makes their stay easier and makes it easier to access various services, but 'offenders' cannot be deported simply because they haven't registered, except on national security or other serious grounds. When UK was in EU, the government didn't mandate EU citizens to register, so they had no idea how many EU nationals were living. They had an estimate, which proved to be a gross underestimation when EU citizens were made to apply for settled or pre-settled status because of Brexit.


I think I may have got it now. Spain has a 90-day rule/law for every foreigner (register as a resident or get out), but EU citizens do not have to comply and can stay in Spain as long as they like (forever), whereas Non-EU citizens like British have to comply or they will be fined, deported and banned from Spain. Is that correct?


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## Joppa (Sep 7, 2009)

woodpecker9 said:


> I think I may have got it now. Spain has a 90-day rule/law for every foreigner (register as a resident or get out), but EU citizens do not have to comply and can stay in Spain as long as they like (forever), whereas Non-EU citizens like British have to comply or they will be fined, deported and banned from Spain. Is that correct?


Yes, if you overstay 90 days in 180 days under Schengen, except when you come with a suitable visa from Spanish consulate.


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## MAMdad321 (11 mo ago)

My question number 10 on this thread is it correct?


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## Joppa (Sep 7, 2009)

MAMdad321 said:


> Just to be clear the maximum length of time we can stay in Spain without a residence permit is 3 months ( 90 days ) twice a year which should roughly add up to 180 days. Is that correct?
> This is policed as our passport’s will be stamped whenever we return to Spain as UK passport holders?


Well, it's 90-in-180 days, so 90 days cannot be consecutive, i.e. 90 days in Spain and Schengen area, 90 days out of Schengen, then back in Spain for 90 days etc. From later this year or next year, ETIAS system will come on stream, which is similar to US ESTA. You will have to apply online for permission to visit Schengen, and pay 7 euro for it. The permission will be valid for 3 years. Alongside will be EES, which tracks every non-EU citizen electronically in and out of Schengen, so there is no need to rely on passport stamps to see whether you have overstayed or not.


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## woodpecker9 (Jan 22, 2021)

Joppa said:


> Well, it's 90-in-180 days, so 90 days cannot be consecutive, i.e. 90 days in Spain and Schengen area, 90 days out of Schengen, then back in Spain for 90 days etc. From later this year or next year, ETIAS system will come on stream, which is similar to US ESTA. You will have to apply online for permission to visit Schengen, and pay 7 euro for it. The permission will be valid for 3 years. Alongside will be EES, which tracks every non-EU citizen electronically in and out of Schengen, so there is no need to rely on passport stamps to see whether you have overstayed or not.


How many of the many thousands of illegal British without residence have been deported since BREXIT withdrawal agreement ended?


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## Joppa (Sep 7, 2009)

woodpecker9 said:


> How many of the many thousands of illegal British without residence have been deported since BREXIT withdrawal agreement ended?


Don't know.


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## tardigrade (May 23, 2021)

woodpecker9 said:


> How many of the many thousands of illegal British without residence have been deported since BREXIT withdrawal agreement ended?


Most of them have left voluntarily back to the island..


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## tebo53 (Sep 18, 2014)

woodpecker9 said:


> How many of the many thousands of illegal British without residence have been deported since BREXIT withdrawal agreement ended?


I've lived here for 8 years and not heard of any people being deported as such. I know many people who have had to return to the UK because they couldn't meet the income and healthcare requirements to apply for residency. Many of those people had been here many years but without residency etc they couldn't access the Spanish Healthcare services etc. They sold up and went "home" to the UK. 

Steve


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## tebo53 (Sep 18, 2014)

MAMdad321 said:


> So am I. Just out of curiosity how, where, and what’s involved in getting a residents visa.


You will need to apply for a visa from the Spanish consulate while you are still living in the UK. You will need to meet the income and healthcare requirements plus some other documents as required. 

Here is a link to the various visas that apply to Spain:






Spain Visa Types - How to Apply for a Spanish Visa?







visaguide.world





Steve


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## trotter58 (Feb 8, 2017)

MAMdad321 said:


> Just to be clear the maximum length of time we can stay in Spain without a residence permit is 3 months ( 90 days ) twice a year which should roughly add up to 180 days. Is that correct?
> This is policed as our passport’s will be stamped whenever we return to Spain as UK passport holders?


That's correct. 

You could also alternate any period up to a max of 45 days in Spain (or any Schengen country) and then 45 days anywhere outside the Schengen area, such as UK, Cyprus, Croatia etc.


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## Ricwolfe (Nov 17, 2021)

trotter58 said:


> That's correct.
> 
> You could also alternate any period up to a max of 45 days in Spain (or any Schengen country) and then 45 days anywhere outside the Schengen area, such as UK, Cyprus, Croatia etc.


For example, mid may to end June, return to UK, then do mid August to end sept?.
What sort of health insurance would be necessary?.
Anything else to be aware of?.


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## trotter58 (Feb 8, 2017)

Ricwolfe said:


> For example, mid may to end June, return to UK, then do mid August to end sept?.
> What sort of health insurance would be necessary?.
> Anything else to be aware of?.


The dates you quoted should be fine but check the details on one of the Schengen calculators.

We use annual travel insurance in conjunction with our EHIC (or whatever it's called now). Staysure travel insurance is quite good and you can optionally increase your cover up to 100 day trips (standard cover is max 30 days per trip)


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