Spain is fighting the EU’s cruellest Brexit rule – and proving it still loves British tourists

It’s the news that will have had some travellers welcoming the move: former Spanish tourism secretaries have called on the European Union to rethink the 90-day rule, which limits how long British nationals can spend on the Continent.

Ever since it became law following Brexit, the rule has drawn criticism for being strict, complicated and causing a headache for anyone with a holiday home, or keen to do some long-term travel (for example, a longer cruise).

Now it looks like at least one EU country wants a rethink of the rule. Here’s what we know so far.

What is the 90-day rule?

The 90-day rule limits the amount of time that certain non-EU nationals can spend in the Schengen area (the EU’s borderless system) without needing a visa – for example, if you’re just visiting for tourism or work meetings. Ever since the UK left the EU in January 2021, we’ve been subject to the rule, along with other third-party countries.

It states that British nationals can only spend 90 days on the Continent within a 180-day period (roughly six months). Every time you enter the Schengen area, your entry is logged at passport control, usually just before they stamp your passport.

If you’re found to have stayed longer than 90 days you can be fined – up to €10,000 (£8,670) in some countries – and could be deported, or both.

Does it cover every EU country?

The Schengen area covers every EU country except Ireland and Cyprus (though the latter is looking to join). It also includes a handful of other countries that have close trade arrangements within the EU, including Norway, Iceland, Liechtenstein, Switzerland and Monaco.

Ireland has its own common travel area agreement with the UK, so does not apply the 90-day rule to UK nationals. Nor does time spent in Ireland count towards your 90-day limit.

Why is it such a problem?

For a start, it’s punitive: if you’re found to break the rules, you could be banned from entering Schengen for a number of years. It could also lead to you being refused a visa elsewhere. When you apply for an American Electronic System for Travel Authorization (ESTA), for example, you have to say whether you’ve been refused entry to any other third country.

The 90-day rule also causes problems with certain kinds of travellers, i.e. anyone who wants to spend longer than a few weeks on the Continent. The Spanish former tourism minister has cited the examples of retirees buying second houses in the country, for example.

The rule is also complicated. Despite some misconceptions, it doesn’t start afresh every time you land in Europe. The period is always rolling, meaning that the authorities will be looking at how long you’ve already spent in Schengen in the past six months.

For example, say you land in Mallorca for a week’s holiday on May 10. The border agents will look at whether you’ve already spent your 90 days. If you happened to have spent 87 days at the beginning of the year, you’ll probably be refused entry – as your holiday will take you beyond the limit.

Can’t I just go outside the EU and come back?

No – this is the whole point of the 180-day part.

The EU has seen how some countries elsewhere in the world have systems that allow tourists to extend their visas by crossing a border and coming back. The system is designed to stop people defeating the 90-day limit with a quick jaunt back to Britain.

What does Spain want instead?

Two former Spanish tourism chiefs, Fernando Valdés and Héctor Gómez, have called for the 90-day rule to be scrapped for Britons. They say that the current rule is hurting Spain’s tourism industry, as well as second-home owners.

Instead, they want British citizens to be subject to a longer period (preferably 180 days), though they’re not entirely clear on exactly how that would work.

For example, would it just be a doubling of the current system – i.e. 180 days out of every 360 (so, six months of each year)?

That would be an improvement on the present limit, but it would still involve some of the same complications.

Will the change happen?

On the face of it, probably not. Given that Schengen is a single border zone, any rule change would have to happen at an EU level. Spain doesn’t have the right to change the rules for its own borders (unless it were to leave Schengen, which is unlikely).

Why the intervention matters, though, shows that there is some disquiet about the current system, at least among one EU country. If more countries agree with the Spanish position, we might see a push to liberalise the rules somehow.

It also shows that, despite some regional opposition to overtourism, Spain remains more supportive of British tourism than some might lead you to think.

Given that some 18 million Britons visit Spain each year, it’s good to know that we have some friends on that front.

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