Post-Brexit Travel to Spain: Legal Guide for UK Citizens

Travelling to Spain from the UK after Brexit requires understanding new passport rules, visa requirements, and entry regulations for British citizens. This essential guide covers all legal aspects UK travellers need to know for a smooth Spanish trip.

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Requirements to Travel to Spain After Brexit

Since Brexit, British nationals must follow new rules when entering the Schengen area. If you're travelling for tourism and staying less than 90 days in any 180-day period, you do not need a visa, but several documents are still required. It is crucial to understand these regulations to ensure a smooth journey to Spain. The European Union has established strict protocols for travellers from third countries, and the United Kingdom is now classified as such. This has changed the dynamic of cross-border travel, requiring more diligent preparation from travellers. Detailed information about these requirements is essential to avoid inconvenience at the border.

A Valid Passport

Your passport must have been issued within the last 10 years and remain valid for at least 3 months beyond your planned departure from Spain or any Schengen country. This is a standard rule across the Schengen area, and failure to comply can result in denied entry. Make sure to check your passport's issue and expiry dates well in advance of your trip. It is advisable for your passport to have slightly more than the minimum 3 months of validity, in case of unforeseen circumstances that prolong your stay, or if your trip includes multiple destinations within the Schengen area. A passport in good condition is the basis for any international travel.

Enough Funds

Border agents may ask for evidence that you can support yourself during your stay. Bank statements or a credit card are commonly accepted. This proof of funds is a security measure to ensure that travellers do not become a burden on the Spanish state during their period of stay. There isn't a universally fixed amount, but it should be reasonable to cover accommodation, food, transport, and planned activities. It is suggested that you carry proof of financial solvency in easily accessible formats, such as recent bank statements or available credit limits. This provides clear evidence of your capacity to financially sustain yourself during your trip to Spain.

A Return or Onward Transport Ticket

You must prove that you intend to leave Spain within the allowed period, generally by presenting a return ticket or booking confirmation for onward travel. This is a fundamental proof of your intention to adhere to the short-stay rules and not overstay the allowed period. A transit pass may also be accepted if your final destination is not Spain. It is important that the dates on your return or onward ticket align with the maximum 90 days period within the 180 days Schengen allowance. Immigration officials can be very strict with this requirement to prevent overstays and ensure travellers respect migration laws.

Travel Insurance

Make sure you have insurance covering health care and emergencies. Access to publicly funded health care in Spain is only possible if you hold a valid GHIC (Global Health Insurance Card issued by the Foreign Office) or a private insurance policy. It is highly recommended to have comprehensive travel insurance that covers any eventuality, as medical costs abroad can be very high. This includes coverage for treatments, hospitalisation, and repatriation if necessary. The insurance should specify coverage for emergency medical expenses and repatriation for health reasons. Although the GHIC provides some coverage, it is not a complete substitute for comprehensive travel insurance, which can offer additional protection for cancellations, lost baggage, and other travel emergencies.

Booking Confirmation or Proof of Address

You must show where you'll be staying: a hotel reservation, private accommodation address or other document confirming your accommodation. This is to verify that you have an established place for your stay and will not be staying illegally. Your accommodation confirmation is a vital piece of evidence for immigration officials at the airport. If you are staying at multiple locations, have all reservations or detailed addresses handy. For private accommodation, it is advisable to have a letter from the host or proof of ownership, if applicable. This requirement aims to ensure that all travellers have a defined place of stay and that their purpose of visit is clear and legal.

Carta de invitation

If you're staying with friends or family in Spain, and not in a hotel or rental, you may need a carta de invitation. This must be requested in advance by your host at a Spanish police station and presented upon arrival, especially if you're asked for proof of accommodation at the airport. It is a measure to ensure that the host is responsible for your stay and that you have suitable accommodation. The process of obtaining a carta de invitation can take time, so it is recommended to start the procedures well in advance of your trip. This document is crucial for demonstrating your connection to Spain and ensuring your stay is legitimate and supervised.

Pet Documentation

Travelling with pets? You'll need a microchip, updated vaccines, a pet passport, and possibly a vet certificate depending on the animal and point of entry. It is vital to check all specific rules for pet entry to avoid issues at the border. The European Union has strict regulations on animal transport, including requirements for rabies vaccination and anti-parasitic treatments. Always consult the latest guidelines from the Spanish Ministry of Agriculture or the UK Foreign Office before travelling with your pet, as rules may vary and are strictly enforced at the airport and other points of entry.

Top Tips by an Expert Lawyer for Your Trip to Post-Brexit Spain

For British travellers heading to Spain after Brexit, navigating the legal complexities can be challenging. Here are some expert tips to ensure a smooth and hassle-free trip, emphasizing the importance of a legal perspective.

Choose the Right Type of Visa for Long-Term Stays

If you want to stay in Spain longer than 90 days, you'll need a valid visa such as a student visa, non-lucrative visa or work visa, depending on your situation. The rules for long-term stays are significantly different from short-term ones and require extensive planning and documentation. Always consult with an immigration law expert or the Spanish consulate to determine the appropriate visa for your travel purpose. This is especially relevant for those seeking residency or looking to start a new life in Spain, such as retirees or professionals. The visa application process can be complex and requires the submission of financial proof, medical insurance, and in some cases, criminal records. A lawyer can considerably facilitate this process.

Seek Legal Assistance if Interested in Property or Residency

Buying a home or applying for residency involves legal formalities. We recommend reading this: guide to buying property in Spain.

Acquiring property or establishing residency in Spain as a UK citizen after Brexit requires a thorough understanding of Spanish laws. A lawyer specialising in real estate and immigration law can guide you through the entire process, from due diligence to signing the final documents, ensuring all legal aspects are handled correctly. This includes advice on taxes, property registrations, and any other legal requirements that may arise. The complexity of the Spanish legal system in these areas makes professional assistance almost indispensable to avoid costly mistakes. Consider establishing a power of attorney to manage affairs in your absence.

Plan Before-Hand in Case You're Denied Entry

Although it doesn't happen often, entry can be refused at the airport due to missing documents. Always carry printed copies and have a backup plan. Anticipating these situations can save you a lot of stress and trouble. Entry denial can occur for various reasons, such as insufficient funds, incorrect documentation, or suspicion that the traveller intends to overstay their period of allowance. It is important to have contact numbers for the British embassy in Spain and a local lawyer. Familiarise yourself with your rights as a traveller and the procedures in case of denied entry. Staying calm and following officials' instructions is key.

Have a Specialised Lawyer Just in Case

In case of legal issues during your stay in Spain, it's prudent to have access to a law firm experienced with foreign clients. This is especially important for matters involving customs, migration, or local procedures that affect British travellers. A specialised lawyer can offer legal advice and representation, which is invaluable in a foreign legal system. They can assist with disputes, administrative issues, or even if you commit a crime while in the country. From family law to criminal law cases, having a reliable legal representative is crucial. Make sure you have a lawyer's contact details before your trip, especially if your stay is prolonged or if you anticipate engaging in activities that may have legal implications.

Frequent Questions About Travelling to Spain from UK After Brexit

How Long Can I Stay in Spain as a UK Citizen?

As a British national, you can stay up to 90 days in any 180-day period without a visa, provided you meet the entry requirements.

What Documents Do UK Citizens Need to Enter Spain?

A passport, proof of accommodation, financial means, insurance, return ticket, and possibly a carta de invitation.

Do You Need 6 Months on Your Passport to Travel to Spain?

No, but your passport must be valid for at least 3 months beyond your departure date and issued within the past 10 years.

Is Spain Banning Tourists?

No. Spain remains a popular destination for tourism, including cities like Barcelona, Tenerife, and the Canary Islands. However, the media may sometimes issue travel warnings, especially during high seasons or in January due to high traffic and security protocols.

Will I Have to Show My Bank Balance?

It's possible. You may be asked to prove your financial capacity with recent statements, payroll slips, or a valid credit card.

Is Spain Safe for Tourists?

Yes. Spain is a safe and welcoming country for foreign travellers. Tourist areas are well regulated, and services such as transport, shopping, and accommodation are of high standard.

Is Healthcare Covered?

Only if you have the GHIC, a valid private insurance, or if you pay directly for services. Unlike before Brexit, British citizens no longer have automatic access to publicly funded health care.

Can I Get Legal Advice in Spain?

Yes. If you need legal support during your stay in Spain, there are law firms with experience assisting foreign nationals. This can be useful for a variety of matters, especially in complex situations such as problems with customs, administrative issues, or even if you commit a crime while in the country. Having access to a specialised lawyer helps ensure your rights are protected according to Spanish law. The good news is that Enrique Sanchez is a law firm with offices both in the UK and Spain so you will be covered in both countries.

Using a UK Driving Licence in Spain

You can use your UK driving licence for short visits. However, if staying long-term or becoming a resident, you must exchange it under the current agreement between the United Kingdom and Spain.