True immigration control in Spain

Whilst EU and Spanish immigration laws have existed for many years, do you think British non residents who are over stayers, will be deported after the transition period, or will it be another Spanish can’t be bothered attitude?

Who can say for sure, however, they deport non EU nationals now and unless something unexpected happens in the negotiations, brits will be in the same category as all other non EU nationals.

Who can say for sure, however, they deport non EU nationals now and unless something unexpected happens in the negotiations, brits will be in the same category as all other non EU nationals.

If you are a British  ducker & diver living in Spain .. with a cash in hand job then your time is most certainly up...I have witnessed first hand the police coming in to a bar .. counting the amount of staff ..and demanding to see the contract's of employment...

Passports and border controls imposed by the EU within the Schengen zone will ensure any overstay citizens of whatever nationality face sanction of some kind. Usually fines. I expect the 90-day rule to be strictly enforced post Brexit transition in Jan 2021. Ask yourself can US citizens spend as long as they like in Spain without residency? Answer not.

That said the Coronavirus may yet play some part in a UK transition extension.

Just get Spanish residency then you can do as you like.

I have known a couple of Filipinos, caught as over stayers, who were told to leave the country, which they did.  However, I also know several who succeeded in staying out of official view for three years. After that they (and anyone else in the same situation) are able to apply for resident status, only having to prove they were employed during that time, albeit illegally.

No incentive not to give it a try !

Incidentally. 

When a non EU national enters the Schengen Area, albeit that there maybe no barrier/control, they are obliged to go to the immigration desk to get their passport stamped.  If they have residence in another country they can then travel onward and  do not need to get another stamp when they arrive.

When my wife first came to Spain from Philippines, we landed at Frankfurt.  I did not know she was obliged to get the entry stamp. We were traveling to Spain.  At that time it was a Spanish Visa not a Schengen one.   When she started the process for Residencia in Spain they asked where the entry stamp in her passport was .  We should have returned to Frankfurt to get the stamp. Fortunately I was able to persuade the immigration (manned by National Police)  at Malaga airport to stamp her passport.

I suspect Brits may not be able to slip in and out after 1st January 2021, or whenever it is if an extention is granted.

Kavanagh...I don't think it's a easy as just applying for Residence and problems are solved..this approach is fine if you have the money to stay in Spain that is required to become a resident...I was referring to the duckers & diver's that tend to work cash in hand and live below the radar .. living from hand to mouth ...I know lots of British people living like this over in Spain ..most of them are around the 40 year old mark .. with no health care in place ..and still abusing the EHIC after many years living in Spain.

The EU needs to protect its external borders from illegal migration which is actually what over-stayers are, even if they have an income and are not a burden on the state. The problem will come when the UK migrant wants to leave and return home to Blighty. The entry stamp will clearly show an offence. Fines should then follow. Happened to me back in the day when I lived in Turkey for a spell.

Some Brits still believe nothing will change in 2021. They are in for a nasty shock.

Windy, at the moment it’s not that difficult for a Brit to get residency and I doubt it will change much in the short term. I need to be careful what I post here. Documents can and are easily manufactured to suit (not forged, just internet quotes on health insurance etc) Not much different to the Brit ex-convict who over Madrid on EasyJet becomes qualified in everything.

Micky, you are quite right. In Thailand overstayers are now or were imprisoned at the Bangkok Hilton until the fine is paid, they are held in chains with no food, and one toilet between 14 in an open cell.  I doubt Spain will ever do the same?

What should be the incentives and disincentives to crime and punishment? What is civilized and what is reasonable?

Kavanagh...if you are a British OAP I will agree it is not that difficult to gain Spainish Residence as the UK tax payers pay for your healthcare in Spain...but if you are under UK retirement age you will need a regular income of some sort to support yourself I think the minimum is around €6,000 per adult per year ...or a contract of employment ( no chance ) if you don't have a contract of employment you will need to take out private healthcare to cover you for the first year ..after this you can pay into the Spanish system which is a little bit cheaper...I am sure you already know this ...but something I just can't understand is why the UK was not permitted by the EU to inforce this type of legislation to stop the crap from the EU from sponging of the UK DSS and so forth ... unfortunately for the EU the British tax payers had enough and decided to leave the unfairness of the EU...the EU brought about the Brexit ...unless you know different.

Windtalker 

Kavanagh...if you are a British OAP I will agree it is not that difficult to gain Spanish Residence as the UK tax payers pay for your healthcare in Spain...but if you are under UK retirement age you will need a regular income of some sort to support yourself I think the minimum is around €6,000 per adult per year ...or a contract of employment ( no chance ) if you don't have a contract of employment you will need to take out private healthcare to cover you for the first year ..after this you can pay into the Spanish system which is a little bit cheaper...I am sure you already know this ...but something I just can't understand is why the UK was not permitted by the EU to enforce this type of legislation to stop the crap from the EU from sponging of the UK DSS and so forth ... unfortunately for the EU the British tax payers had enough and decided to leave the unfairness of the EU

Couple of points.

The amount required for a single EU national, who is not employed,  to obtain residence status was 5,173.60€ p.a.  or assets to that value, a couple of years ago, so a little more now.   A non EU national needs around 27,000.  Both need 100% medical cover with no limits, excesses, co-payments  

The UK medical system is different from Spain.  The cover provided is not, and never has been, controlled or restricted in any way, by the EU.  .

This message was last edited by johnzx on 08/03/2020.

Kavanagh - What should be the incentives and disincentives to crime and punishment? What is civilized and what is reasonable?

In a democratic society, laws are and should always be sufficient.

But who decides what is civilised’.  Every Friday there will be beheadings in the market squares in Saudi Arabia where I worked and lived. Who cares?

Does anyone have any recommendations for private health care for would-be Spanish residents?

''legislation to stop the crap from the EU from sponging of the UK DSS and so forth''

Not very nice.

Kavanagh ...my statement wasn't meant to be nice ...I was quoting a fact the EU and it's unfair policymakers ..are to blame for the Brexit.

Post as you wish. Was it or is it EU legislation that has allowed the whole world to sponge of the UK DHSS National Assistance or are we just blaming anyone for our own inadequate controls.  In Spain it’s EHIC and passport for tourist’s then fully billed to the UK, under 65 residents private health insurance, and over 65 SI to get a SIP card costing the UK taxpayer over €4,000 a year.

I would imagine most EU countries operate the same as Spain. The EU does operate a policy of free movement of workers, but not a free movement of diseased people that must be all treated free of charge in the UK. It is the UK’s own choice to allow the world to sponge off the DHSS National Assistance which is funded by the UK taxpayer.

Please stop trying to blame others for our own stupid behaviour.