What consequences will British ex-pats suffer for overstaying in Spain?

If you currently live in Spain or you intend to retire in Spain, you need a Visa

Clients ask us this question all the time:
Do we really need a visa to stay here? Surely, this will all blow over?
The answer is the opposite. We’ve become complacent just because the Pandemic attracted all the attention of the authorities. However, the consequences that a British national may face for staying in the EU longer than permitted are serious.
 
These rules depend on the country where they were caught overstaying, as well as the number of days overstayed. The point the Spanish authorities made to us is that British people must observe the same rules as Americans, Russian or any other non Europeans.
 
Currently, there is no common policy for penalties for overstayers in Europe. Member States may apply the penalties differently.
 
In general, the E.U. apply the following penalties on those caught overstaying, including on Britons.
 
 

Consequences of overstaying in Spain without a Visa

  • Deportation.  It’s happening already in Spain. All non-European citizens caught overstaying the number of permitted days of stay in the EU are immediately forced to leave and return home to the UK. (or their country of residence).  Some countries will imprison overstayers, the government tells us,  while others will give overstayers a certain period of hours or days to leave.
  • Fines  The most common penalty for overstaying in the EU or Schengen Area is being fined. The fees vary from one country to another. These fines, are applied alongside deportation however and are not a substitute for it. Worse still; They may often be followed with an entry ban.
  • Difficulties in returning to the E.U. or Schengen area Unless there are exceptional circumstances, every deported person will face difficulties to travel back to the Schengen Area. This means that a client cannot find themselves deported from France and move to Spain two weeks later. Instead, they face prolonged border checks upon entry, and may even be turned back or banned from entering for a certain period as was printed in the British tabloids recently.
  • Entry ban Bans for a period of three years or even more will be administered to clients who have blatantly broken the rules and overstayed their visa in Spain knowingly for a prolonged time. We have not, thankfully, had a client in this position, but the facility is there.
Despite the consequences listed above, we can help by getting visas for our ex-pats who live here.
British ex-pats travelling to the European Union and Schengen Area Member States can already see a lot of changes. The Covid situation distracted the authorities but we can now experience additional checks at ports of entry in Spain.
 
Under the rules of the Schengen Area, non-EU citizens entering the territory under the visa-free regime can stay for a maximum of 90 days for every 180 days. You literally cannot live here in Spain without a visa.
 
Sometimes our clients are confused by the 90/180 days rule. This is new for Britons, who previously did not have to worry about how long they were staying in Spain, another EU or Schengen associated country.
 
Every non-European travelling to the Schengen Area under the visa-free entry regime is permitted to stay for a period of a total of 90 days.
 
The 180-day rule keeps rolling, and therefore anytime a British traveller wishes to enter Spain, he/she just have to count backwards the last 180 days. Then they see if they have been present in the Schengen Zone (not just Spain) for more than 90 days throughout that period. Wow!
 
 
 

Do you know anyone who is living in Spain and does not have a visa?

We’d appreciate it if you can share this blog. People need to seek professional advice, talk to a company like JJC Capital Partners and start the process now.
 
How can we help? We can take the pain out of the application process for our clients. We speak before about the financial requirements British people need to have before their application will be successful. With our Equity -release scheme, our clients can continue to live in Spain, free cash up from their Spanish home and relax knowing they are fully legal and fully covered for their life in Spain.
 
We offer a Never Negative Equity Guarantee on all our Equity release deals. Unlike in the UK, your heirs will never, ever, have a debt with us to clear off the funds you release from your Spanish home.
 
If you’d like to discuss the situation more, please get in touch with JJC here on the website, by email or we can of course call you.
Remember, we apply for the visa, we allow you full rights to remain in your home for life and we ensure all the process is handled professionally.
We do not charge any fee for dealing with your non lucrative visa (limited time only) to ex-pats who use JJC for their equity release in Spain.

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