As a Spanish resident visiting the UK

It's 180 days in a rolling calender year. So, actually the same number of days as Brits coming to Spain but you have more flexibility. You could stay in the UK for your full 180 days in one go unlike us who can only stay 90.

Hi TV man,

Are you a UK citizen and Spanish resident?  If so, how long have you been resident in Spain?  Less than 5 years and therefore "temporary", or more than 5 years and so "permanent"?

If you're a UK citizen, you can spend as much time as you like in the UK, but if you're also a Spanish resident of less than 5 years, you'll lose your Spanish residency if you leave Spain for more than 6 months in the first 5 years.  If you've been a Spanish resident for more than 5 years, you can leave Spain for up to 2 years without losing your residency status.

Notwithstanding the requirement to meet Spanish residency law, the Schengen rule of 90 days in a rolling 180 days applies to you if you travel to another EU country.  For example, you could take a holiday in Italy for the maximum 90 days, then you'd need to return to Spain for at least 90 days.  You could then go to France for a further 90 days, but when you return to Spain you wouldn't be able to leave again until you've achieved permanent residency status in Spain after 5 years.

Of course, you can visit other EU countries for a couple of weeks at a time, so long as you don't exceed 90 days in a rolling 180 days (Schengen rule) and, if a Spanish resident of less than 5 years, you're not absent from Spain for more than 6 months in 5 years (Spanish residency law).

Kind regards, 

Kim

Hi All,
Just reading this through and digging around your situation - I want to suggest there may be more scope. It's worth you checking this out further and obtaining legal advice if your circumstances require that you stay out of Spain longer. As a 'Temporary' Spanish resident i.e. less than 5 years and granted a TIE, granted under the Withdrawal Agreement, this would appear to afford you more support in relation to absences form Spain.  Implication is that you can have temporary stays of up to 6 months a year in the UK (outside Spain) OR have a longer stay of 12 consecutive months based on the criteria outlined below.

https://www.legislation.gov.uk/eut/withdrawal-agreement/article/15/adopted  Right of permanent residence

1.Union citizens and United Kingdom nationals, and their respective family members, who have resided legally in the host State in accordance with Union law for a continuous period of 5 years or for the period specified in Article 17 of Directive 2004/38/EC, shall have the right to reside permanently in the host State under the conditions set out in Articles 16, 17 and 18 of Directive 2004/38/EC. Periods of legal residence or work in accordance with Union law before and after the end of the transition period shall be included in the calculation of the qualifying period necessary for acquisition of the right of permanent residence.

2.Continuity of residence for the purposes of acquisition of the right of permanent residence shall be determined in accordance with Article 16(3) and Article 21 of Directive 2004/38/EC.

3.Once acquired, the right of permanent residence shall be lost only through absence from the host State for a period exceeding 5 consecutive years.

1.Union citizens who have resided legally for a continuous period of five years in the host Member State shall have the right of permanent residence there. This right shall not be subject to the conditions provided for in Chapter III.

2.Paragraph 1 shall apply also to family members who are not nationals of a Member State and have legally resided with the Union citizen in the host Member State for a continuous period of five years.

3.Continuity of residence shall not be affected by temporary absences not exceeding a total of six months a year, or by absences of a longer duration for compulsory military service, or by one absence of a maximum of 12 consecutive months for important reasons such as pregnancy and childbirth, serious illness, study or vocational training, or a posting in another Member State or a third country.

4.Once acquired, the right of permanent residence shall be lost only through absence from the host Member State for a period exceeding two consecutive years.]

that is the same information that I came across when I looked into it, thank you for the conformation.