Possible problems for British resident of Spain travelling in Schengen area?

Possible problems for British resident of Spain travelling in Schengen area? - Drone view of Spanish city with aged buildings and national flag under cloudy blue sky

I am a UK citizen who now has residence in Spain, which is part of the Schengen area of (more or less) the EU.

Since Brexit I have been able to travel between the UK and Spain and vice versa by showing my UK passport and asking the Spanish border officials not to stamp my passport with entry and exit stamps, which if I show my Spanish residence card, they are happy to do.

I normally fly directly between the two countries. However I wonder if I may encounter difficulties if I drive from the UK to Spain via, for example, France and then make the return journey Spain-France-UK say five years later. Would the French Authorities think I had overstayed my 90 day non-visa visit to the Schengen area?

And would the ETIAS scheme make any difference?



Best Answer

I wonder if I may encounter difficulties if I drive from the UK to Spain via, for example, France and then make the return journey Spain-France-UK say five years later. Would the French Authorities think I had overstayed my 90 day non-visa visit to the Schengen area?

No. The French authorities will recognize that you are not subject to the 90/180 rule when you are in Spain. They might ask you to affirm that you have been in Spain, but they almost certainly won't.

And would the ETIAS scheme make any difference?

No. ETIAS will not apply to travelers who hold a residence permit issued by a Schengen country.

Note that this problem has already existed for a couple of decades for other third-country nationals who might drive from France to the UK with a residence permit issued by another Schengen country. The French border inspectors have much better things to do with their time than to try to catch people who spent 91 days or more outside of their country of residence before presenting themselves for the exit inspection.




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Can I travel in Europe with British residence permit?

You do not need a visa if you have a residence document (national residence permit) issued under national rules by a Schengen country and you are travelling to a Schengen country.

Can I travel within Europe with my residence permit?

No. You must have both your passport and your residence permit with you. A residence permit on its own is not a valid travel document. Within the Schengen Area, there are no routine document checks at national borders.

How long can a UK resident spend in Spain?

UK citizens in Spain will be able to remain for a period of 3 months at a time, staying longer than this will require a visa. To spend more than 90 days in Spain in a period of 6 months Brits will need to acquire a Spanish Schengen visa. This can be obtained from a Spanish embassy or consulate in UK.

Is there passport control between Schengen countries?

The Schengen area comprises 26 European countries. There is normally no passport control on the borders between these countries. If you have a valid visa or residence permit in one of these countries, you can also visit the other Schengen countries.



THE SCHENGEN ZONE TRAVEL EXPLAINED - DIGITAL NOMAD TV




More answers regarding possible problems for British resident of Spain travelling in Schengen area?

Answer 2

I was in this exact situation as a non-EU national with residence in Sweden. I have to leave and enter Schengen elsewhere due to the lack of direct flights, and my passport was always stamped on entry and exit.

As long as you show the residence card when exiting Schengen, they will not bother looking for any stamp and consider your presence lawful even though the entry stamp is 2 or 3 years old, as it was to me.

I have been doing this for more than a decade and it was never a problem. Do not worry about it. Just remember to always show your card together with the passport.

Answer 3

As a lawful resident of one Schengen country, you are allowed to visit the rest of the Schengen area. You are restricted to 90 days in any 180 days in the rest of Schengen, and can not undertake paid work, except on behalf your Spanish employer.

Your non-EU family also share these rights, when they are traveling with you.

https://europa.eu/youreurope/citizens/travel/entry-exit/non-eu-nationals/index_en.htm

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