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British travellers race back from European Union to beat midnight Brexit deadline

‘We expect non-residents to take steps to return to the UK as soon as they can,’ says British ambassador to Spain

Simon Calder
Travel Correspondent
Wednesday 31 March 2021 09:29 EDT
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British citizens cannot stay more than 90 days within the EU
British citizens cannot stay more than 90 days within the EU (PA)

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British citizens are racing back from Continental Europe to avoid contravening the EU’s rules on the length of stay.

Until 2021, UK travellers could spend as long as they liked in any country in the European Union and the wider Schengen area – which includes Andorra, Iceland, Liechtenstein, Norway, San Marino, Switzerland and the Vatican City.

But since the end of the Brexit transition phase on 31 December 2020, there is now a strict limit of 90 days in any 180 in the Schengen area.

For people who have been on long-stay trips that began on or before New Year’s Day, 31 March is the 90th day of 2021.

Those who are not registered as residents must leave before midnight and cannot return until late June, by which time another 90 days will have passed.

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The penalty for overstaying can include a temporary ban on travel to anywhere in the Schengen area.

But the British ambassador to Spain, Hugh Elliott, said allowances would be made for the current obstacles to travel.

He told the Majorca Daily Bulletin: “I’m aware that many second home owners are concerned about overstaying as we reach 31 March.

“The Spanish government has been clear that it will take a pragmatic approach to anyone who is stuck in Spain due to circumstances beyond their control, so I don’t want people to be overly worried on that count.

“However, if people do not intend to become resident here in Spain and see the UK as their base, we do expect them to take steps to return to the UK as soon as they can.”

While some UK media have reported that the European Union has imposed a new rule, the “90/180” rule is applied to all non-EU/Schengen nations from which a visa is not required.

The British government chose to accept the limit when it opted for a hard Brexit.

Immediately after the vote to leave the EU in 2016, Boris Johnson wrote: “British people will still be able to go and work in the EU; to live; to travel; to study; to buy homes and settle down.” He also promised “access to the single market”. But as prime minister, he signed a Brexit deal that offered no such rights.

Gary Paterson, a Scot living in Bruges, tweeted: “If it wasn’t for my residency in Belgium, today would be my last day before I have to return to the UK under the new Brexit agreement.

“Happy in Belgium but I have no right to change countries in the European Union. Our rights have been curtailed, even those of us who can stay. Tragic.”

The 90/180 rule does not apply in the five EU countries that are not in the Schengen area: Bulgaria, Croatia, Cyprus, Ireland and Romania.

British citizens can stay as long as they like in the Republic of Ireland.

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