# Advice on how to stay in spain as a UK citizen.



## KyleW02 (Feb 23, 2021)

Hi my name is Kyle i am a UK citizen since birth and im 18yrs of age. On september 18th 2020 I came to spain to meet my girlfriend. Fast forward to the current date (23rd February 2021) i am still currently living in spain with my girlfriend in her family home and i am looking for a way to stay for a longer period of time. I have phoned the Consulate in london to try and find more information but everything is just very unclear and confusing. Brexit and corona virus are two big factors that are making it a struggle to find any information.
Im wondering if anyone on here is able to give me any information, phone numbers or website links that can give me clear information on how to stay for longer.
From searching around and calling phone numbers we were able to find a potential way to stay. It is an extended stay without a visa. But this requires an "exceptional reason".
However there isnt really any reason that we can think of that would pass. If anybody is familiar with this and can offer advice id really appriciate it, or any advice on what i can do to stay for longer. Thankyou!
- Kyle W


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## xabiaxica (Jun 23, 2009)

KyleW02 said:


> Hi my name is Kyle i am a UK citizen since birth and im 18yrs of age. On september 18th 2020 I came to spain to meet my girlfriend. Fast forward to the current date (23rd February 2021) i am still currently living in spain with my girlfriend in her family home and i am looking for a way to stay for a longer period of time. I have phoned the Consulate in london to try and find more information but everything is just very unclear and confusing. Brexit and corona virus are two big factors that are making it a struggle to find any information.
> Im wondering if anyone on here is able to give me any information, phone numbers or website links that can give me clear information on how to stay for longer.
> From searching around and calling phone numbers we were able to find a potential way to stay. It is an extended stay without a visa. But this requires an "exceptional reason".
> However there isnt really any reason that we can think of that would pass. If anybody is familiar with this and can offer advice id really appriciate it, or any advice on what i can do to stay for longer. Thankyou!
> - Kyle W


Welcome!

If you can prove that you were living here before the end of last year - padrón, job contract, bills in your name, etc., then you can still register for residency as an 'EU citizen' under the Withdrawal Agreement - if you're quick!






La Moncloa. How to get ready for Brexit


Information for both citizens and economic operators to ensure Brexit takes place properly through the Trade and Cooperation Agreement and previously with the Withdrawal Agreement.




www.lamoncloa.gob.es


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## davexf (Jan 26, 2009)

Hola, 

There is a non-luctrative visa which is for people that can support themselves here without earning money here. 

I have not heard of any other method that would allow you to do what you want (unless you have a million euros in the bank) 

Davexf


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## xabiaxica (Jun 23, 2009)

davexf said:


> Hola,
> 
> There is a non-luctrative visa which is for people that can support themselves here without earning money here.
> 
> ...


He'd have to return to the UK in order to apply for that, or any of the other visas for 3rd country citizens.


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## KyleW02 (Feb 23, 2021)

xabiaxica said:


> Welcome!
> 
> If you can prove that you were living here before the end of last year - padrón, job contract, bills in your name, etc., then you can still register for residency as an 'EU citizen' under the Withdrawal Agreement - if you're quick!
> 
> ...


My only problem with this is that i havent worked here in spain or anything of the matter. Originally i came here just to meet my girlfriend and stay for a few weeks (a holiday as you would) and go home but my plans have changed to this. If this also helps i would love to eventually study something here in spain (especially the language) if that could help me in anyway.


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## MataMata (Nov 30, 2008)

From what you say I'm not sure what's unclear?

You're here as overstaying tourist and despite xabiaxica's optimism I very much doubt you'd be able to claim residency under the WA now. 

At a minimum for that you'd need to show things like a bank A/C with a regular income over at least a 3 month period and and a rental agreement for accommodation etc.

Even if you did have those could you demonstrate the level of income required, viz several thousand in the bank plus an income of anything from €450 - €700/mth depending on where you're applying, not to mention private health insurance?

There is no possible way wanting to stay because of a girlfriend would qualify as an 'exceptional reason'.

Presumably she is either Spanish or at least legally resident in which case marriage might be a solution.....!


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## Overandout (Nov 10, 2012)

I thought about the marriage route, but without being legally resident I think the OP might have trouble with that too.
I think there are 2 options really, leave and apply for a visa to come back, or stay, lie low and accept that working, driving or leaving Spain are off limits.


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## xicoalc (Apr 20, 2010)

I would have thought (not sure) that the 90 day period would start from 1st Jan so, probably not overstaying at the moment. I may be wrong on that though and surely someone will correct me if I am.

Without anything to prove you were living here before December, a simple residency application based on the withdrawal agreement won´t be possible. If the girlfriend is Spanish or resident then marriage would be an option I guess although I don´t know if applying will secure rights to stay in the interim period. And, to be honest, whilst I know nothing about the situation of the OP. With 18 years, probably marriage is a big step!


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## tebo53 (Sep 18, 2014)

KyleW02 said:


> Hi my name is Kyle i am a UK citizen since birth and im 18yrs of age. On september 18th 2020 I came to spain to meet my girlfriend. Fast forward to the current date (23rd February 2021) i am still currently living in spain with my girlfriend in her family home and i am looking for a way to stay for a longer period of time. I have phoned the Consulate in london to try and find more information but everything is just very unclear and confusing. Brexit and corona virus are two big factors that are making it a struggle to find any information.
> Im wondering if anyone on here is able to give me any information, phone numbers or website links that can give me clear information on how to stay for longer.
> From searching around and calling phone numbers we were able to find a potential way to stay. It is an extended stay without a visa. But this requires an "exceptional reason".
> However there isnt really any reason that we can think of that would pass. If anybody is familiar with this and can offer advice id really appriciate it, or any advice on what i can do to stay for longer. Thankyou!
> - Kyle W


It might be worth reading this article:









UPDATE: Are there extensions to Spain’s 90-day rule and what are the consequences of overstaying?


Travel has been heavily restricted around most of the globe for the past year, so has this led to any relaxation of the rules in Spain around length of stay for non-EU nationals? And what are the penalties for overstaying?




www.thelocal.es





The fines are very high.

Steve


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## davexf (Jan 26, 2009)

Hola 

Yes you are right, the days in the Schengen area start from 1st January 2021 so until 31st March 2021, you cannot have overstayed 

Davexf


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## KyleW02 (Feb 23, 2021)

MataMata said:


> From what you say I'm not sure what's unclear?
> 
> You're here as overstaying tourist and despite xabiaxica's optimism I very much doubt you'd be able to claim residency under the WA now.
> 
> ...


Incorrect, im not currently an overstaying tourist, I have phoned the spanish and london consulate and 2 confirmed answers that the 90 day rule started on the 1st january 2021. Therefor i have until the end of march until i have to go home. To make this clear i will not overstay here in spain as i cannot take any risk in putting myself or my girlfriend and her family in trouble. I will do the right thing and abide to all laws and rules. The marriage option is something i genuinely considered but only being 18 i dont think it is very realistic, I would marry my girlfriend as i truly believe i would never regret it and so would she, but i dont think its very appropriate right now.
Im very sorry for all the confusion i have caused with everyone, im just very scared, confused and stuck on what to do and i really need help, and i do very much appriciate all your comments and advice. 
About the regular income choice, my circumstances at home and in general arent very conveniant and are a struggle to me, hence why i dont want to go home. But i completley understand that i pretty much have no choice as of right now.


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## KyleW02 (Feb 23, 2021)

davexf said:


> Hola
> 
> Yes you are right, the days in the Schengen area start from 1st January 2021 so until 31st March 2021, you cannot have overstayed
> 
> Davexf


hi davexf, Thankyou! i have previously read this around a week ago, and my mindset since the start of being here is that i am and will always follow and abide to all laws. Im not looking to get into any risky buisness, im just seeking advice, and i appriciate all of your help very very much.


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## KyleW02 (Feb 23, 2021)

I will also not put the sob story on the front line as its not nescessary, but as i said, im just right now very scared and confused and stuck on what to do, but i will do the right thing and hope that i can eventually find a way. If i ever do find a way to come back to spain and stay past the 90days (legally) i will of course post any and all help and guidance on what i did. I will still stay active on here too, and if your all okay with still helping i will still ask questions and replies!  again thankyou all so much


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## KyleW02 (Feb 23, 2021)

xicoalc said:


> I would have thought (not sure) that the 90 day period would start from 1st Jan so, probably not overstaying at the moment. I may be wrong on that though and surely someone will correct me if I am.
> 
> Without anything to prove you were living here before December, a simple residency application based on the withdrawal agreement won´t be possible. If the girlfriend is Spanish or resident then marriage would be an option I guess although I don´t know if applying will secure rights to stay in the interim period. And, to be honest, whilst I know nothing about the situation of the OP. With 18 years, probably marriage is a big step!


My girlfriend is a Spanish citizen since birth and have lived here with her family all of her life. We have looked into some options that include her family being fully capeable and willing to look after me, and can afford to do so. This is possible and they are happy and accepted to do it (they have allready been doing it since september 18th 2020). But again, everything i read doesnt really lead to an asnwer, application or a legal way to stay.


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## xabiaxica (Jun 23, 2009)

KyleW02 said:


> My girlfriend is a Spanish citizen since birth and have lived here with her family all of her life. We have looked into some options that include her family being fully capeable and willing to look after me, and can afford to do so. This is possible and they are happy and accepted to do it (they have allready been doing it since september 18th 2020). But again, everything i read doesnt really lead to an asnwer, application or a legal way to stay.


OK. So they'll support you.

There's no visa for them to support you since you're not related.

If you were to marry, then your wife could support you & you could move to Spain as her spouse.


You are still here 'legally as a tourist' until the end of March. The 90/180 days started Jan 1st for British citizens. That only because they have no definitive way of proving that you arrived before then.

Your big problem atm is that you cannot - since you have no way of proving your legal residency before the end of 2020 (from the info you have given) register as an EU citizen exercising your rights under the WA. If you had at the very least registered on the padrón, & taken out health insurance / been added to the family (private) health insurance before the end of 2020, you might have stood a chance. People whose insurance didn't start until January are already being refused, even though they might have rental contracts, registration on the padrón & various other 'proof' from 2020.

As I see it, either you marry or formalise your relationship as _pareja de hecho_ & try to apply for a resident visa as spouse of an EU citizen, or you return to the UK & apply for some kind of visa from there.

If the family is truly willing to support you, perhaps they could help you - finacially & otherwise - apply for a non-lucrative visa (though that would mean that you couldn't work - ever) or a self-employment visa.


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## davexf (Jan 26, 2009)

Hola 

With the thought of proving you were here before the 31st December 2020, you could contact one of the three organisations that are fleecing the British government by giving advice to British expats. One such is 
Support to the British nationals based in Spain (UKNSF) | IOM Spain 

There are others that cover Spain by region but I would try to get info from them as they are "on the ground" for retro applications 

Davexf


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## mrypg9 (Apr 26, 2008)

The fact is that you have no family or marriage connections in Spain, no means of supporting yourself, scant chance under current circumstances of finding work and after March 31 you will be classed as overstaying. Your girl friend’s family are kindly accommodating you for the present but would you be happy to live like this indefinitely...
Marriage really isn’t a good idea if it’s merely a solution to prolonging your holiday.
Realism, harsh though it sounds, is required here. No point and unkind to be offering false hopes.As Xabia pointed out, to apply for a visa you need to be in the UK but it seems there’s no way you could meet the income requirements.
There’s nothing to be frightened or confused about. You’re not going to be deported or clapped in jail. Just enjoy the time you have left in Spain and if you’re serious about spending long periods of time in Spain, start planning and working towards achieving this.


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## xabiaxica (Jun 23, 2009)

mrypg9 said:


> The fact is that you have no family or marriage connections in Spain, no means of supporting yourself, scant chance under current circumstances of finding work and after March 31 you will be classed as overstaying. Your girl friend’s family are kindly accommodating you for the present but would you be happy to live like this indefinitely...
> Marriage really isn’t a good idea if it’s merely a solution to prolonging your holiday.
> Realism, harsh though it sounds, is required here. No point and unkind to be offering false hopes.As Xabia pointed out, to apply for a visa you need to be in the UK but it seems there’s no way you could meet the income requirements.
> There’s nothing to be frightened or confused about. *You’re not going to be deported or clapped in jail.* Just enjoy the time you have left in Spain and if you’re serious about spending long periods of time in Spain, start planning and working towards achieving this.


Not likely to be clapped in jail, but overstayers can be deported, fined & banned from returning for several years - & often are.


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## xicoalc (Apr 20, 2010)

mrypg9 said:


> The fact is that you have no family or marriage connections in Spain, no means of supporting yourself, scant chance under current circumstances of finding work and after March 31 you will be classed as overstaying. Your girl friend’s family are kindly accommodating you for the present but would you be happy to live like this indefinitely...
> Marriage really isn’t a good idea if it’s merely a solution to prolonging your holiday.
> Realism, harsh though it sounds, is required here. No point and unkind to be offering false hopes.As Xabia pointed out, to apply for a visa you need to be in the UK but it seems there’s no way you could meet the income requirements.
> There’s nothing to be frightened or confused about. You’re not going to be deported or clapped in jail. Just enjoy the time you have left in Spain and if you’re serious about spending long periods of time in Spain, start planning and working towards achieving this.


Totally true (and I do love the way you delicately sugar coated it jajajajaja!). The OP said that they want to "spend more time" but have not really said their long term plans. More time can mean extending the holiday or serious plans to settle down.

Clearly with 18 years you must have ambition. What do you want to do with your life in terms of work? Does your girlfriend work? Do you have qualifications or even experience? It´s really important to keep in mind that even if you have left school with A levels or higher qualifications, unless you are fluent in Spanish and have experience then the best you could hope for in terms of work would be (and certainly its unlikely in the near future) bar work or something very simple. To continue education in Spain would mean becoming fluent, something that, even with a Spanish partner take years to achieve (trust me, I know). Marrying at 18 simply to get the paperwork to live in a country is not, as Mry said, really a sensible thing to do - and has consequences. Overstaying will have potentially serious consequences too.

My best advice would be enjoy the rest of the stay, leave on time (if you are all loved up, take her back with you for a holiday),do some thinking and if Spain really is what you want(more than regular visits) then look at ways to achieve it through either marrying or become self employed!


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## proud.to.be.EUROPEAN (Feb 14, 2020)

Sad example of what children of brexit will face from now on.


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## mrypg9 (Apr 26, 2008)

proud.to.be.EUROPEAN said:


> Sad example of what children of brexit will face from now on.


Not really. Without income or health insurance he wouldn’t have qualified for residency under the old rules pre- Brexit.


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