The 90 day rule in Spain – everything you need to know

‘Take back control of the UK’s borders’.

It was a key motto of the EU (European) referendum in 2016. In fact, it was one of the main reasons why ‘Brexit’ won. The removal of free movement was hailed a great triumph by the likes of Boris Johnson, Priti Patel and Nigel Farage. But it did have one major downfall…

When the UK left the EU, it became a ‘third country’. And suddenly, British citizens lost their right to live, work and retire in 27 European member states – including Spain.

Now, Brits must adhere to the strict Schengen 90 day rule. And if you’re interested in buying a property in the Costa del Sol – or anywhere else in the Schengen zone – it’s worth getting to grips with the specifics of this rule and how it could affect your future plans.

Here we answer some of the most frequently asked questions.

What is the 90 day rule?

Also known as the 90/180 day rule, the ‘90 day rule’ is an EU regulation. It states that, without a visa, non-EEA (European Economic Area) nationals are only allowed to spend 90 days – within a total period of 180 days – in any EU member country.

You can choose to use the 90 days however you wish. For example, you could arrive on January 1^st and stay for 90 days in a row (until March 31^st). Or you could take several short breaks between January 1^st and June 29^th – spending a different length of time in Spain each time.

But either way, once you reach your 90 day quota, you must leave the country immediately – as there are strict penalties in place for outstaying the 90 day limit. And from that point, you cannot return to any country within the Schengen zone until another 90 days have passed.

How would I know when I’ve reached the 90 day limit?

The clock starts ticking the moment you first enter the Schengen zone – whether that be Spain or one of the other 26 member countries. That means, if you fly into the Costa del Sol, your 90 days will start the second you touch down at Málaga Airport. But if you choose to travel by car from the UK, the countdown will begin as soon as you enter France.

To help you keep track of your allowance, a ‘travel calculator’ is available on the Schengen website. Just select your entry and exit dates from the calendar, and it will generate the last date of your 180 day period – and how many days you have left according to the 90 day rule in Spain.

It’s important to note, the 180 day period keeps rolling. Unfortunately, the two 90 day allowances cannot be consolidated into one long stay. And following Brexit, it’s no longer possible for UK nationals to spend the entire autumn-winter season in Spain – unless they apply for a visa.

Who does the 90 day rule in Spain apply to?

The90 day rule applies to anyone who is not an EEA citizen – which now includes UK nationals.

Until December 31^st 2020, Brits could stay in any other EU member (Schengen) country for as long as they wanted. For example, if they owned a second home in the Costa del Sol, they could spend half the year (or more) in Spain – without any issues. But Brexit put an end to this.

The UK is now classed as a third country. Which means, UK citizens have to comply with the same requirements as any other third country – such as North America, Australia and Japan. They no longer have the same freedom of movement, and long-term stays in Spain now require a visa.

Can British nationals still buy property in Spain?

Absolutely. British citizens still have the same right to purchase property in Spain as they’ve always had. And the buying process is still relatively simple and efficient. In fact, despite financial uncertainty – caused by both Brexit and the COVID-19 pandemic – British property buyers continue to be a leading source of international investment in the Costa del Sol.

The Schengen 90 day rule doesn’t affect your ability to buy your dream home in the sun. But it does limit how long you can spend there. If you’re just planning to use it for holidays, this may not be too much of an issue. But if you’re hoping to relocate permanently or wish to split your time evenly between Spain and the UK, it is something to bear in mind – before you exchange contracts.

Is there a way to stay for longer?

For non-EEA nationals – such as those from the UK – the easiest way to bypass Spain’s 90 day rule is to apply for a visa, prior to entering the country. Numerous visa options are now available. And further information on all of these can be found at visaguide.world and schengenvisainfo.com. But to summarise, some of the most common include:

1. Work visa

This is suitable for anyone offered a position of employment in Spain. To be eligible, you must apply within one month of sending a ‘favourable answer’ to the offer of work and you’ll need to supply a copy of your employment contract. Once the visa has been granted, you should enter the country within a month and will have one month from the date of entry to apply for a residence permit.

2. Self-employment visa

If you plan to work for yourself or wish to set up your own business in Spain, you can apply for a self-employment work visa. As part of your application, you’ll need to provide a detailed business plan, as well as proof of your secured premises, relevant qualifications and sufficient funds to live off.

Again, you must enter within one month and have one month to apply for a residence permit.

3. Non-lucrative visa

This is one of the best options for retirees.

It allows you to live in Spain, without carrying out any work or professional activity, and can be fairly easy to obtain – providing you have the sufficient funds to support your day-to-day life.

In 2021, ‘sufficient funds’ were defined as at least €2,259.60 a month (€27,115.20 a year). And for your application to be successful, you will need to supply proof of this regular income. Once the visa has been granted, you’ll have one month to enter Spain and apply for a Foreign Resident Card.

4. Golden visa

Also known as the ‘investor-entrepreneur visa’, the golden visa can be issued to any non-EU national who intends to make a significant investment in the Spanish economy. This can be an investment into property, shares or bonds, or a business venture in Spain. But to be eligible, it must have a minimum value of €500,000 – and this cannot be covered by a mortgage or financial loan.

Further information on this type of visa can be found in our previous blog.

5. Digital nomad visa

This is a new type of visa, set to be launched later this year. The digital nomad visa will allow workers who currently reside in a non-EEA country to live and work in Spain for 6-12 months initially. And for it to be granted, you just need to prove that you make at least 80% of your income from companies outside of Spain, those companies permit remote working, and it’s possible to do your job remotely.  

Got another question about the 90 day rule in Spain?

You’re welcome to get in touch at any time. As a leading real estate agent in the Costa del Sol, here at Bromley Estates, we have excellent knowledge of the changes created by Brexit – and we’re always happy to help.

Not only can we advise on the best way to overcome issues caused by the Schengen 90 day rule, we have an extensive portfolio of properties for sale in the Costa del Sol. And if you’re a UK national who would like to retire or buy a holiday home in Spain, we can help to identify your ideal home, recommend the best visa for your needs and guide you through the process.

So, why not pick up the phone and call us on +34 952 939 460 (+44 208 068 7606)? Or send your enquiry to info@bromleyestatesmarbella.com and our experts will respond as soon as possible.

The 90 day rule has certainly made it trickier for UK citizens to move to Spain. But it’s far from impossible. And we can assist in making your dream a reality!