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

Upvote:2

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

Upvote:6

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.

Upvote:12

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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