Moaning brits - Page 7

Kimmy11 wrote on Tue Jun 15, 2021 11:19pm:

Hi Ange,

Thanks - you saved me a job!  ,o)

Read more...

The only thing I´d add is to stress the difference between the EU´s Schengen rule of 90 days in a rolling 180 days, versus Spain´s residency law requiring immigrants to register their presence here if intending to stay in Spain for more than 90 days.  They are different rules, set by different entities.  

Some also seem to be under the illusion that UK citizens, with their new status as Third Country Nationals, can apply for Spanish residency as a way of circumventing the Schengen 90/180 rule, whilst also remaining tax resident in the UK.  This is not possible because, for the first 5 years of Spanish residency ("temporal"), leaving Spain for more than 182 days voids that residency.  Being in Spain for at least 183 days per year makes them tax resident here (365 days per year, divided by 2 = 182.5 days).  The 182 or 183 days aren´t arbitrary numbers - it´s that odd day which tips tax residency one way or the other.

When the UK was in the EU, many Brits ignored these rules and, to be fair, the Spanish authorities didn´t enforce their own residency laws - so long as those living under the wire didn´t come to the attention of the Spanish authorities, they were unlikely to be challenged.  However, as TCNs, the movements of UK citizens in and out of the EU (and Schengen) are being monitored - the British Embassy alerted us last year that Spain had commenced testing of their electronic tracking system.  For those travelling from the UK over land, the tracking starts in France - that´s why I always remind people to start their Schengen 90 days count when they arrive on French soil.  When ETIAS launches next year, it will centralise monitoring throughout the EU and the Schengen travel zone.

Best wishes,

Kim

Kimmy11 wrote on Tue Jun 15, 2021 11:19pm:

Hi Ange,

Thanks - you saved me a job!  ,o)

Read more...

The only thing I´d add is to stress the difference between the EU´s Schengen rule of 90 days in a rolling 180 days, versus Spain´s residency law requiring immigrants to register their presence here if intending to stay in Spain for more than 90 days.  They are different rules, set by different entities.  

Some also seem to be under the illusion that UK citizens, with their new status as Third Country Nationals, can apply for Spanish residency as a way of circumventing the Schengen 90/180 rule, whilst also remaining tax resident in the UK.  This is not possible because, for the first 5 years of Spanish residency ("temporal"), leaving Spain for more than 182 days voids that residency.  Being in Spain for at least 183 days per year makes them tax resident here (365 days per year, divided by 2 = 182.5 days).  The 182 or 183 days aren´t arbitrary numbers - it´s that odd day which tips tax residency one way or the other.

When the UK was in the EU, many Brits ignored these rules and, to be fair, the Spanish authorities didn´t enforce their own residency laws - so long as those living under the wire didn´t come to the attention of the Spanish authorities, they were unlikely to be challenged.  However, as TCNs, the movements of UK citizens in and out of the EU (and Schengen) are being monitored - the British Embassy alerted us last year that Spain had commenced testing of their electronic tracking system.  For those travelling from the UK over land, the tracking starts in France - that´s why I always remind people to start their Schengen 90 days count when they arrive on French soil.  When ETIAS launches next year, it will centralise monitoring throughout the EU and the Schengen travel zone.

Best wishes,

Kim