Are the Spanish and French governments about to relax the 180-day Brexit rule?

Claire Butler

In a promising turn of events, Britons owning second homes in Spain might soon find relief from the post-Brexit 90-day limit as the Spanish government expresses support for scrapping this restrictive rule. Currently, under the law, UK residents can only stay in their Spanish holiday homes for 90 out of every 180 days, necessitating a long-stay visa application for extended stays.

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Brits have been unfairly "punished by Brexit"

 

Acknowledging the negative impact of this rule, Hector Gomez, Spain's acting Minister of Tourism, stated, "It is in our interest to lobby and convince the EU that we can try to work an exception with them. But the solution must come from them."

This positive development follows France's Senate voting through an amendment to the immigration law, granting British second homeowners an automatic right to a long-stay visa. French politicians emphasised that UK tourists had been unfairly 'punished by Brexit.'

Andrew Hesselden, Campaign Director of '180 Days in Spain,' expressed delight at the French Senate's recognition of the situation, hoping for a similar outcome in Spain. The campaign advocates for free movement for Brits in Spain.

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UK is still Spain's biggest tourist market

 

Recent discussions between Hector Gomez and the UK's Director of Consular Affairs and Crisis, Jennifer Anderson, suggest progress in Spain. Gomez reported an 'important meeting' where they discussed issues related to the stays of British tourists in Spain, including the 90-day cap.

The UK holds significant importance for Spain's tourism market, being its biggest and most profitable source. Last year, almost double the number of Brits visited Spain compared to German tourists. Data from Spain's National Institute of Statistics reveals that two million UK residents travelled to Spain, constituting 23.8% of the total visitors.

The current Schengen Area rules limit non-EU citizens, including those from the UK, to a maximum stay of 90 days out of every 180 days. Overstaying may result in penalties, including fines up to €10,000 and jail terms, causing distress for Brits with properties in Spain and France.

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French government to debate the amendment imminently

 

In France, Martine Berthet, a senator from the Savoie region in east France, proposed a change to the rules after hearing complaints from Britons with holiday homes in the area. She emphasised that the existing system is cumbersome, hindering British citizens from contributing to France's economy and potentially leading to a rise in vacant properties in tourist regions.

While the amendment still needs debate in France's National Assembly and faces opposition from Emmanuel Macron's government, it marks a positive step towards addressing the challenges faced by British second home owners. The proposed change reflects a growing understanding of the vital economic and cultural contributions of British residents in these popular European destinations.

Gemma Coles, CEO at Kyero says “the recent developments are an extremely positive step towards addressing the challenges faced by British second home owners since Brexit, and reflect a growing understanding of the vital economic and cultural contributions of British residents in Europe.
While there is still some way to go, the indications are that there may be good news to come for those who have already bought overseas properties in Europe, as well as those considering making the move.”

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50 comments

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  • John Todd

    17 Nov. 2023

    This 90 day rule is holding me back from purchasing a property in Spain hopefully they can come up with something better for all

  • Admin

    17 Nov. 2023

    We understand John, we know it has been holding a lot of UK citizens back. Fingers crossed for positive changes soon! We will continue to update our Kyero community as news comes in.

  • jeffrey j banfield

    17 Nov. 2023

    I want to buy in france and spain but the schengen rule is a real negative - I used to spend 6 mths winter in the sun and 6 mths summer in uk - really is a negative for these countries economies as I am one of thousands of Brits punished for no apparent reason just schengen!

  • Admin

    17 Nov. 2023

    We are very hopeful that a change will improve this situation for our UK Kyero community. We will continue to publish updates as they come in.

  • Andrew davies

    17 Nov. 2023

    I am nearly at retirement age and would like to retire to Spain buy a property and contribute to the Spanish economy

  • Admin

    17 Nov. 2023

    We're hopeful that this will all be possible! We will continue to publish updates as they come in.

  • Colin Holbrook

    17 Nov. 2023

    I have owned a property in Mallorca for over 12 years and pay all taxes and bills even if I’m not there because of the 90 day rule which I think is not fair as I bought my home there before Brexit if I would’ve known this would happen I would’ve not bought a property there 😡

  • Admin

    21 Nov. 2023

    Thank you for sharing your experience with us Colin, we understand it must be quite challenging navigating the current 90-day rule! We will continue to publish updates as they come in.

  • Geoffrey Pearce

    17 Nov. 2023

    I must spend more money in the time I am there that most Spanish spend in a year as we treat the whole time we are there as a holiday. we also pay all out admin fees and taxes in full. so many in the owners owe money to the community, I am subsidising them

  • Admin

    21 Nov. 2023

    Thanks for your comment Geoffrey, your commitment to supporting the community is commendable. If these changes are put in place, this will benefit people from the UK, as well as Spain and France!

  • ashley barton

    17 Nov. 2023

    Already sold up, we have our English retirement home, have money in the bank. But 90 day rulling is making us very weary of buying. Ready to go, help.

  • Admin

    20 Nov. 2023

    We're hopeful that this change will allow property owners and hopefully UK citizens to stay for more than the current 90 days in 180 days. We will continue to post updates as they come in.

  • Jackie macaulay

    17 Nov. 2023

    I would love to buy property abroad only thing holding me back is the 90 day rule fingers crossed 🤞

  • Admin

    20 Nov. 2023

    Our fingers are crossed too, Jackie! We will continue to post updates as they come in.

  • ian slade

    17 Nov. 2023

    Have been looking for a while, but the 90 day rule was putting me off. Hopefully the Spanish government will resolve this soon.

  • Admin

    20 Nov. 2023

    We hope so too, Ian! We will continue to post updates as they come in.

  • anthony capon

    17 Nov. 2023

    I am a part owner of an apartment in Spain and I therefore welcome the extension of the current 90 day rule However the 90 day rule does have one advantage no tenant or holiday maker can stay longer than 90 days. As you state if they do they may end up with a large or other penalty Thank for your Information.

  • Admin

    21 Nov. 2023

    You're welcome Anthony – we will continue to publish updates as they come in.

  • Caron Armstrong

    17 Nov. 2023

    I am also nearing retirment age and would like to relocate to spain or france but since brexit this has become impossible. i hope the UK governement sees sense.

  • Admin

    20 Nov. 2023

    Thanks for your comment Caron – it is dependent on the Spanish and French governments at the moment. We are hopeful that this will allow you to fulfil your retirement dreams! We will continue to publish updates as they come in.

  • Paul Barrington

    17 Nov. 2023

    Have had a place in Tenerife for quite a while and used to look forward to spending around 6 months a year there. After Brexit a lot of ex pats sold up and buyers were put off with the 90 day rule. Let’s hope that common sense eventually wins the day.

  • Admin

    20 Nov. 2023

    Thanks for your comment Paul, fingers are crossed that this moves forward. We will continue to publish updates as they come in.

  • Marilyn Ward

    17 Nov. 2023

    I read all your newsletters and this is good news. I would like to escape the British winters and spend five or six months in Spain but current rules make it impossible. I would buy an apartment in Spain if the rules changed. Is there any time-line for this possible change to the rules?

  • Admin

    20 Nov. 2023

    Hi Marilyn, thanks for your comment, we really hope this will be possible for you! They have not yet announced a timeline, we will continue to post updates as they come in.

  • Ayf

    17 Nov. 2023

    It has been long desired destination to live in Spain, this nonsense rules & regulations stopping me back.!! Hope every British citizen can live and open their business in Spain as long as they effort and want to without any restrictions !

  • Admin

    21 Nov. 2023

    Thank you for your comment Ayf. The potential changes are being discussed for tourists/visitors and second homeowners. We will continue to share updates on our site as they come in.

  • P.E.Turner

    18 Nov. 2023

    Change is definitely welcome but this is a totally self-inflicted situation by the majority of Brits who wanted a "stand alone" country without fully comprehending the consequences.

  • Admin

    21 Nov. 2023

    Thanks for sharing your perspective. It's indeed a complex situation and we're hopeful for the 48% who voted to remain in the EU. We will continue posting updates as they come in.

  • paul houghton

    18 Nov. 2023

    My wife & i are now actively looking for a home to retire to in Spain great country, & great people, let's hope this situation can be resolved. Paul

  • Admin

    20 Nov. 2023

    We hope so too Paul! We will be publishing updates as they come in.

  • Paul H

    18 Nov. 2023

    The only thing stopping us buying in spain /canaries is this stupid 90 day rule!! Both parties are losing out!!

  • Admin

    20 Nov. 2023

    Yes, thanks Paul, this will benefit many people from the UK, as well as Spain and France! We will continue to post updates as they come in.

  • Andrew Gray

    18 Nov. 2023

    It's the only reason I've not made the move, and bought a place in Spain.

  • Admin

    20 Nov. 2023

    Here's hoping these proposed changes make this possible for you Andrew! We will continue to publish updates as they come in.

  • BRIAN WILLS

    19 Nov. 2023

    I agree entirely on the comments that the 90 day rule needs to be scrapped France and Spain must be losing millions its so short sited .

  • Admin

    20 Nov. 2023

    If the changes go ahead, this will benefit many! We will publish updates as they come in.

  • P Wilson

    19 Nov. 2023

    My long term partner and I want to retire to Spain next year but fear that we would need to leave the money from our UK home sale in the bank and rent in Spain to meet the required income rules . Would this new ruling change anything for us?

  • Admin

    21 Nov. 2023

    Thanks for your comment – they have not yet announced what the income requirements will be or if there will be any. We hope these proposed changes will happen and you will be able to fulfil your retirement goals! We will continue to publish updates as they come in.

  • alan

    19 Nov. 2023

    I built a villa in Roses 20 years ago my I intended to retire to spain but with Brexit ihave been restricted by the 90 day rule my family and I were spending months in spain with brexit it has restricted my family the farce of trying to obtain a visa is just on going with the villa valued at £1.300.000 we are looking to move on Alan

  • Admin

    21 Nov. 2023

    Thank you for sharing your experience with us Alan, we understand it must be quite challenging navigating the current 90-day rule! We will continue to publish updates as they come in.

  • Paul Richard Brunsdon

    19 Nov. 2023

    Scrapping the 90 day rule would be good for everyone concerned. It is archaic and particularly unfair to Europhile Brits who voted to remain .

  • Admin

    21 Nov. 2023

    Hi Paul, the benefits will surely be felt across the board! We will continue to post updates as they come in.

  • Peter Gawn

    19 Nov. 2023

    I have been holding back since the Brexit decision In purchasing a property in Spain, that I was considering retiring into. 90day ruling has made me hold back.

  • Admin

    21 Nov. 2023

    Here's hoping these changes are rolled out and you are able to purchase your dream property in Spain, Peter! We will continue to publish updates as they come in.

  • Diane McGregor

    19 Nov. 2023

    Hopefully this will go ahead soon and both 2nd home owners and the French and Spanish economies benefit

  • Admin

    21 Nov. 2023

    Thanks Diane, we are hopeful too – the benefits will be felt across the board! We will continue to keep our community updated.

  • Marc

    20 Nov. 2023

    Wasn't this something that could have been foreseen when the British voted for Brexit? Isn't it all too easy to say, we're getting out, but still want all the benefits of Europe and not the drawbacks? Am curious because I thought the Brexit was a regret, not only for the British but also for Europe, but apparently a majority of British people felt it was time to leave the European Community.

  • Admin

    21 Nov. 2023

    Thanks for sharing your views Marc. We're hopeful for the 48% who voted to remain that they can visit France and Spain for a longer period of time. We will publish updates as they come in.

  • Paul

    25 Nov. 2023

    Europeans are allowed to stay in the uk for six months as are many other nations so I see the 90 day rule purely as a retaliatory punishment for the uk leaving the EU .

  • Admin

    03 Dec. 2023

    Hello Paul, thank you for sharing your thoughts. It's worth noting that the 90-day rule belongs to the Schengen agreement, not the EU. Several non-EU countries also belong to the Schengen zone and only allow a 90-day stay (Iceland, Liechtenstein, Norway and Switzerland ).

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