Will the 90-day rule change?

Will the 90-day rule change? passport control at the airport

Q.- We have owned an apartment in Fuengirola for the past 19 years. We spend on average five to eight months there. I know there has been a longstanding law about the length of time we were allowed to stay in Spain, that is, 90 days in 180 days, but I have the impression that they have never strictly enforced the law. Do you think they will continue this relaxed implementation of the law, now that the UK is out of Europe?

B W (Costa del Sol)

A.- Don’t count on it. We want to be very careful in using terms like ‘never strictly enforced.’ Sometimes the 90-day rule has indeed been strictly enforced.

People have been stopped at the border or at passport control at the airport and fined for exceeding the 90-day limit. The rule applies to all non-residents of Spain whether they are EU or not.

There are tens of thousands of Britons who own homes in France or Italy or Spain who would like to spend more than 90 days in their second homes. The Spanish authorities are aware of this problem and they are seeking a solution.

Send your questions for David Searl through lawyers Ubeda-Retana and Associates in Fuengirola at Ask@lawtaxspain.com, or call 952 667 090

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David Searl

You and the law in spain Send your questions for David Searl through lawyers Ubeda-Retana and Associates in Fuengirola at Ask@lawtaxspain.com, or call 952 667 090.

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