Question
I’m from the UK with the permanent residency card here in Spain (TIE) however I can still only spend 90 days in other European countries as I’m still a British citizen, is that how it works?
Answers
These are the answers of Spainguru’s Facebook group members:
“Yes. Your residency is for Spain only. If u want to stay longer in France for example you would need a visa of some sort”
“Yes!”
“Depending on the period set out by that country in regards registering for residency. Some countries it’s 6 months, some it’s 90 days. But this is not 90/180 day schengen rules as you don’t enter or leave the schengen zone. And schengen only applies to tourists not, residents.” – Matthew Horton
“You can spend no more than 90 days in any other EU country during any 180-day period.”
“Ie. As a permanent resident under the withdrawal agreement you retain all rights of freedom of movement as a tourist within the EU. But have to comply with each countries residency registration legislation. Totally different if you gained residency after brexit.”
“Only non residents need comply with schengen 90/180. You can spend as long as you want in schengen EU as long as you keep to residency rules for each country and meet the Spanish rules not exceeding half your term of residency so go enjoy travelling”
“Correct. 90/180 still applies in all other Schengen countries because your passport dictates those are the restrictions you must adhere to. In Spain, you can spend as much time as you want because you’re a resident, but this does not apply to other Schengen countries.”
“So simple answer is no., that’s not how it works.”
“Note though if you fly train or ferry you will be subject to border control. And if travelling via Andorra or border control exit points manned. And will have to declare use of non EU lanes. By passport but carry your tie card always as its proof of residency under article 50. But generally there’s not manned border posts everywhere except in case of health emergencies like covid.
Fact is you can’t be held to account of Schengen rules since you don’t entereave schengen area since Spain is a schengen state(airports, ports and international routes public transportation excluded). Since no exit stamp from Spain./entry into say France. There are very few border controls, most time all you see is maybe a sign welcome to France please drive carefully we drive like maniacs”
“No!”
Conclusion
The consensus among Facebook group members clarifies that while UK citizens with Spanish residency (TIE) have the right to reside indefinitely in Spain, the 90-day rule within any 180-day period applies to their stays in other Schengen Area countries.
This limitation stems from their British citizenship and the stipulations of their passports, rather than their residency status in Spain. Members highlighted the importance of understanding and complying with each country’s residency registration legislation to enjoy freedom of movement within the EU.
Additionally, carrying the TIE card is crucial for proving residency under the withdrawal agreement, especially when encountering border controls.
