Could this solve the 90-day issue? « Euro Weekly News

British people with second homes in Spain could benefit if the UK eventually restores freedom of movement with the European Union, following Andy Burnham’s call for an “honest discussion” about the country’s post-Brexit relationship with Europe.

The UK Prime Minister’s comments have reopened a debate that could have practical consequences for thousands of Britons who want to spend more time at their Spanish properties without applying for residency or arranging a long-stay visa.

However, Burnham has not proposed a specific change to the rules for British homeowners, and no agreement has been reached.

Why Burnham’s comments are interesting to Brits in Spain

In an interview with The Sunday Times, published on October 25, Burnham said Britain needed an evidence-based discussion about whether to restore free movement with the EU. He argued that migration patterns had changed since Brexit, suggesting that before the UK left the bloc, more people came to Britain for a few years before returning home.

Burnham wants Britain to consider its future relationship with Europe as a whole, rather than treating freedom of movement as a separate issue. He is due to meet EU leaders in Brussels on November 20, according to the UK Government’s announcement of the next UK-EU summit.

The debate could be important to British people living between the UK and Spain, particularly those who own holiday homes but do not have Spanish residency.

Could free movement remove the 90-day limit?

Since Brexit, British visitors have generally been limited to 90 days in any rolling 180-day period across the Schengen area. Time spent in Spain, France and other Schengen countries counts towards the same allowance, as explained in the European Commission’s official guide to Schengen visa rules.

Owning a property in Spain does not exempt British citizens from the restriction. Those wanting to stay longer generally need an appropriate visa or residence status. The UK Government’s Spain entry requirements explain the rules for British visitors and those planning longer stays.

A genuine restoration of free movement rights could potentially allow British citizens to live in Spain without being subject to the current short-stay limit. Britain did not need to belong to the Schengen area to enjoy free movement when it was an EU member.

However, the outcome would depend on the terms of any future agreement. A limited mobility deal would not necessarily restore the same rights as full free movement. EWN previously examined efforts by MPs to change the 90-day travel rule for Britons in Spain.

Is a change likely anytime soon?

Burnham’s comments do not mean the rules are about to change. Labour’s 2024 election manifesto ruled out restoring free movement, joining the EU single market or re-entering the customs union. The Labour Party’s 2024 manifesto set out its position on Britain’s future relationship with the EU.

The debate about closer ties with Europe has continued, but that is not the same as a government decision to restore free movement. Any major change would involve political and diplomatic negotiations, with the EU likely to expect Britain to accept reciprocal rights and other obligations.

Burnham has also said he cannot imagine recommending that Britain adopt the euro or join the Schengen area. Neither decision, on its own, determines whether a separate agreement on free movement could be reached.

For UK owners of second homes, the distinction is important: a discussion about closer EU ties is not the same as a deal restoring the right to spend unlimited time in Spain.

What could complicate talks?

For the time being, British second-home owners should continue to plan around the existing 90-day limit unless they have another legal basis for staying longer.

Immigration rights and Spanish tax residency are also separate matters. Spending more than 183 days in Spain in a calendar year will generally make someone tax-resident there, although other circumstances can affect that assessment. The Spanish Tax Agency’s guidance on tax residence explains the main criteria.

Burnham’s intervention has reopened a debate with potentially important consequences for Britons in Spain. Whether it leads to any change for second-home owners, however, will depend on what Britain and the EU are prepared to agree.