Stuck in Spain as the Covid situation gets worse in India

Q.- We are UK citizens but have been living in India for eight or nine months a year and coming to Spain for visits of ten or eleven weeks. We do not have a residence in the U.K. We are stuck in Spain and are unable to return to India as there are few flights and the Covid situation is getting worse.

So we are in Spain, not knowing when we can return to India. We would like to regularise our situation so we don’t get penalised for being here longer than 90 days when it is out of our control. Is it covered by ‘force majeure’? I have e-mailed the British Embassy twice, they don’t seem able to help, also the immigration office in Valencia who couldn’t help.

K.M. (Costa Blanca)

A.- There are two reasons why no official body can help you. First, the only law that applies is that you are required to leave Spain after 90 days. Second, no rules have been passed that would allow you to “regularize” your situation.  So there is no definite answer to your question. And, yes, something like “force majeure” will almost certainly apply to your situation keeping you stuck in Spain.

Send your questions for David Searl through lawyers Ubeda-Retana and Associates in Fuengirola at Ask@lawtaxspain.com, or call 952 667 090