Question
If/when we get the Spain Non Lucrative Visa (NLV), does the 90 day rule in Schengen no longer exist? Residency in Spain for UK citizens.
Answers
These are the answers of Spainguru’s Facebook group members:
“You still have to adhere to this rule in other Schengen countries, only that Spain is excluded as you will be resident there.”
“Once you have your visa in the passport it is valid for you to enter Spain as a resident within 90 days. It will have an expiry date stamped in your passport. When you get to Spain you need to register at the police station for the residency…”
“The Non-Lucrative Residence Visa means that you will have Spanish residency and as such, the 90 day rule will not apply to you within Spain. Assuming that neither of you are EU citizens, the 90/180 rule will, however, continue to apply to you for the rest of the Schengen Area.”
“Not in the Country of Resident, but it will still be 90 days in the rest of the EU.”
“The NLV gives you temporary Spanish residency so obviously you’re not bound by 90/180 because it’s where you live. You will be bound by it in the rest of Schengen though.”
Conclusion
The Spain Non Lucrative Visa (NLV) effectively alters the application of the 90/180 rule for UK citizens by exempting them from this limitation within Spain, granting them residency status.
However, it’s important to understand that this exemption applies exclusively within Spain. For travel within other Schengen countries, the 90/180 rule remains in effect, underlining the importance of distinguishing between residency rights in Spain and the broader Schengen Area travel regulations.
Applicants are advised to carefully plan their stays in other Schengen countries and to ensure compliance with the visa’s terms and conditions to avoid potential issues at borders.
