Ninety day rule and possible ways around it.

I am pretty sure once you reach 183 days in a 365 day period you have to register as a tax resident presuming you already have an eu passport and register at the police station, im sure someone will be along to clarify

What passport do you hold? If UK then no, if EU then yes but if you spend more than 183 in Spain in any one year you will be regarded as a tax resident regardless of taking out formal residency or not. 

There is no way around it.

Ever since Brexit untold numbers have been seeking one but so far none are known to have have succeeded!

"180 days compulsory period'?

Sounds like you misunderstand the 90 day rule, it's 90 days in a rolling 180 so if you spend 90 days anywhere in the Schengen area, not just Spain, then you MUST leave for the next 90, weekend breaks do not reset anything.

We do not intend to either breach the 183 days max in any year, nor spend more than 90 days in any 180 period. 

What we would like to establish is whether we can take a break in Spain in our 180 days allowance (90 days max) then leave for a weekend outside of Europe, then return to Spain and continue into the next 180 days period - starting again with our next 90/180 period. 

Hope that is clear. 

Use one of the many Schengen calculators. But there's no getting round the 90 days in a rolling 180 or 180 in a rolling 365 as your title suggested.

You would have to spend 90 days in Morocco before coming back inside the Shengen area again.

When you have completed 90 days in any Shengen country you must leave for 90 days before returning.

You can return to Spain after 90 days once the calculation for the 180-day rolling period shows that you have NOT been in the Schengen zone for 90 days in 180 days.

What does this mean?

This means it is impossible to stay in Spain for 90 days, travel to another country outside the Schengen area, stay 1 day there, and then re-enter Spain.

In this case, if you have been in Spanish territory for 3 full months, you must wait another three months after leaving the country This means you would have completed 90 days within a period of 6 months.

Hi Rosie,

The simple answer: no.  A UK passport holder who spends the maximum 90 days in Spain or elsewhere in the Schengen zone, must then leave for 90 days before they can re-enter Schengen.

Kind regards,

Kim

Hi Kim, thank for your reply we do understand the rules. However we never spend more than 8 weeks at a time in Albir so we do stagger our 90 day allocation. Maybe in the future things will change . Cheers