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180/90 day visa

Posted: Wed Mar 27, 2024 5:09pm
81 replies16 members subscribed
Karenessex

Karenessex

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Just a random question...does anyone know if there is going to ever be a change to this for holiday home owners from UK? Just doesn't seem right that we pay into the economy and we have the same restrictions as holiday makers. It's causing all kinds of problems and I'm fed up ☹️thanks 

marcliff

Posted: Wed Mar 27, 2024 5:32pm

marcliff

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Posted: Wed Mar 27, 2024 5:32pm

No more movement on this and it's already been discussed that France didn't allow homeowners to get around the rules either.

Karenessex

Posted: Wed Mar 27, 2024 5:38pm

Karenessex

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Posted: Wed Mar 27, 2024 5:38pm

marcliff wrote on Wed Mar 27, 2024 5:32pm:

No more movement on this and it's already been discussed that France didn't allow homeowners to get around the rules either.

Thank you for replying. It's a shame as we may now have to sell our home in Spain because of this

Darro

Posted: Wed Mar 27, 2024 6:15pm

Darro

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Posted: Wed Mar 27, 2024 6:15pm

While I sympathise with the problem I also believe that being fortunate enough to own a holiday home cannot and should not be a reason to create an exception to the 90 day rule, the more so if selectively applied to UK citizens when it was UK which voluntarily chose to leave the EU and thus created the issue.

Whether you sell up or not is of course your decision but if you do whomever buys your property will contribute to the Spanish economy, either equally or if resident to a greater degree, so there will be no loss to the economy.

George55

Posted: Wed Mar 27, 2024 6:24pm

George55

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Posted: Wed Mar 27, 2024 6:24pm

Darro wrote on Wed Mar 27, 2024 6:15pm:

While I sympathise with the problem I also believe that being fortunate enough to own a holiday home cannot and should not be a reason to create an exception to the 90 day rule, the more so if selectively applied to UK citizens when it was UK which voluntarily chose to leave the EU and thus creat...

...ed the issue.

Whether you sell up or not is of course your decision but if you do whomever buys your property will contribute to the Spanish economy, either equally or if resident to a greater degree, so there will be no loss to the economy.

Everyone is of course entitled to their opinion.

My own relatively simplistic view would be that tax residency is the thing which should ultimately trumps everything - and it should be that that determines the extent to which one can stay in a given country or not. (I appreciate this is a gross simplification given the need for VISAs etc but lets assume tax residency is the only factor - so I know we're not in the world as it currently stands).

Mr A wants to spend 180 days in his holiday home during the UK winter months - Oct through to March. Every year on repeat.

He's tax resident in the UK and would keep that status because he's not meeting the Spanish requirements. Nice and simple.

I'm also ignoring padron rules etc so just to re-emphasis this is all a work of fiction but it would seem reasonable to me. Always governments and bureaucracy getting in the way of peoples living their lives! 

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RonTT

Posted: Wed Mar 27, 2024 6:55pm

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Posted: Wed Mar 27, 2024 6:55pm

Darro wrote on Wed Mar 27, 2024 6:15pm:

While I sympathise with the problem I also believe that being fortunate enough to own a holiday home cannot and should not be a reason to create an exception to the 90 day rule, the more so if selectively applied to UK citizens when it was UK which voluntarily chose to leave the EU and thus creat...

...ed the issue.

Whether you sell up or not is of course your decision but if you do whomever buys your property will contribute to the Spanish economy, either equally or if resident to a greater degree, so there will be no loss to the economy.

I would agree the UK voluntarily chose to leave the EU however the UK are not responsible for the rules and regulations that have created this issue, those rules and regulations are quite obviously100% EU based.

Karenessex

Posted: Wed Mar 27, 2024 7:01pm

Karenessex

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Posted: Wed Mar 27, 2024 7:01pm

Darro wrote on Wed Mar 27, 2024 6:15pm:

While I sympathise with the problem I also believe that being fortunate enough to own a holiday home cannot and should not be a reason to create an exception to the 90 day rule, the more so if selectively applied to UK citizens when it was UK which voluntarily chose to leave the EU and thus creat...

...ed the issue.

Whether you sell up or not is of course your decision but if you do whomever buys your property will contribute to the Spanish economy, either equally or if resident to a greater degree, so there will be no loss to the economy.

We are fortunate but have worked extremely hard all our lives to be able to own our little house in Spain. We pay all our bills shopping insurances petrol etc etc suma eating out and the list goes on. We just wanted to spend more time there as we are getting older. It's not the individuals fault we left the EU I voted remain 🤷‍♀️

RayBenidorm

Posted: Wed Mar 27, 2024 7:08pm

RayBenidorm

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Posted: Wed Mar 27, 2024 7:08pm

if it does come down to it and sadly you have to leave this country; please sell to locals if at all possible....

Davebev1

Posted: Wed Mar 27, 2024 7:11pm

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Posted: Wed Mar 27, 2024 7:11pm

RonTT wrote on Wed Mar 27, 2024 6:55pm:

I would agree the UK voluntarily chose to leave the EU however the UK are not responsible for the rules and regulations that have created this issue, those rules and regulations are quite obviously100% EU based.

Except those rules were made, and voted for by the UK's elected MEPs, when the UK was part of the EU.  So the UK cannot claim to have no responsibility for those particular rules.  Also the 90/180 excludes certain EU countries and includes some non-EU countries as it's a Schengen wide rule.

Also bear in mind that any EU national staying longer than 3 months continuously in Spain under Spanish law should register their presence, have suitable health insurance and be able to prove they can support themselves.  The fact that this is not widely enforced, and therefore Brits openly ignored the Spanish law when EU members, doesn't change the fact that the law exists.  Plus the existence of the 183 days stay in Spain per year resulting in automatic tax residency.

I agree that the 90/180 as opposed to the more flexible 182/365 is disappointing for some people, but those rules already existed and anyone who voted to leave the EU knew (or claimed to know) what they were voting for, so got what they wanted, so can't complain.  For those of us who didn't vote for it, well we've been lumbered with the new situation and have no choice but to make it work.  The vast majority of tourists only come for a fortnight or so a year, it's mainly only the retirees that stay longer, so the parts of the Spanish economy dependent on tourism isn't affected by a comparatively small number Brits no longer illegally overstaying.

teddy2

Posted: Wed Mar 27, 2024 7:30pm

teddy2

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Posted: Wed Mar 27, 2024 7:30pm

Darro wrote on Wed Mar 27, 2024 6:15pm:

While I sympathise with the problem I also believe that being fortunate enough to own a holiday home cannot and should not be a reason to create an exception to the 90 day rule, the more so if selectively applied to UK citizens when it was UK which voluntarily chose to leave the EU and thus creat...

...ed the issue.

Whether you sell up or not is of course your decision but if you do whomever buys your property will contribute to the Spanish economy, either equally or if resident to a greater degree, so there will be no loss to the economy.

Absolutely  says it all well said nobody forced people to vote for Brexit this is what you wanted  get on with it

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