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Can I visit holiday home as many times in the year as long as it doesn’t exceed the 180 days. - Page 3

oadbyman

Posted: Sat Sep 5, 2020 12:05pm

oadbyman

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Posted: Sat Sep 5, 2020 12:05pm

Ray wrote "Unfortunately it does demonstrate the callous lack of respect that some people have for laws abroad."

----

Ray

Be assured there was "no callous lack of respect", I do take exception when someone does not know our circumstances making such an accusation.

There was "Ignorance of the Law", that does not make for a breach, we visited Spain as tourists, only when we started to look at buying did we understand the rules, and why should we as tourists, without an address in Spain I am not sure that I could have got residence, you may know differently.

Your statements should be directed at real Law breakers.

The Expats from different countries that have holiday homes in Spain and visit for over 90 days in a year, in short breaks, and there are lots of them.

I think you will remember there were other Blatant offences being committed, when we first came there were loads of old UK registered cars on Spanish roads, no Tax, No Mot and I assume no insurance.  

Your statements have made me reflect and I am not sure we ever did break the Spanish rules, as we have in the years in question driven from UK to Spain twice, 100 days being the maximum time way from home per visit, I had insurance for this period which is how I know, making a holiday of the journey each time travelling through France, I may have over stayed on 2 occasions.

I explained what I understood to be the rules, the subject of this thread, my posts were to help others, you seem very keen to blame. (I do not think that is the purpose of this board)

oadbyman

Posted: Sat Sep 5, 2020 12:59pm

oadbyman

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Posted: Sat Sep 5, 2020 12:59pm

It doesn't help others who are 'ignorant of the law' if someone openly states that they have, over the years, exceeded the legal number of days in Spain.

It does not, but that is not what I said

It does need pointing out, if only to advise others of the illegality of doing so.

Accepted

There is no point in excusing it by saying 'that everybody else was breaking it anyway'. That gives others carte blanche to think that they can get away with it as well.

Again never mentioned,or inferred, all my posts were about staying within the law, of the thread subject, I cannot do anything retrospectively. 

You have not explained how I could have complied with the law, when touring and staying in hotels, i.e. No fixed abode in Spain, you would sooner go on your tirad.

Your posts where inferring that I had broken Spanish Law if you want a thread on Spanish Law and breaches of it you should start such a thread and not turn a thread on other subjects into such a thread.

Anyway, it is internationally accepted that 'ignorance of the law' is no excuse.

Accepted, and I expected you would come back with your response.  No one knows all the laws of their own country, let along those of a country they are visiting as tourists, but you may know differently.

oadbyman

Posted: Sat Sep 5, 2020 6:18pm

oadbyman

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Posted: Sat Sep 5, 2020 6:18pm

I will remind you that the subject is

Can I visit holiday home as many times in the year as long as it doesn’t exceed the 180 days.And it was that that I answeredI did not expect to start an Inquisition, which has happened.I think we have explained the rulesThere are actual two separate rulesThe EU rule for Non-Eu citizens is that you can only stay 90 days in and 180 day period and that is a rolling day period. This will apply as of January 1st unless there is another agreement, but it does not yet apply.Spain has a law that I believe required you to apply for residencia if you are planning to reside in Spain more than 90 days in a calendar year a Spanish Tax year, I think but again this may be a rolling year, web sites I have read do not define.I am not the only person that has been confused as per this pagehttps://www.spanishsolutions.net/blog/legal-paperwork/spanish-residency/spanish-residency-permit-for-british-citizens/
but a vital bit in all of the page 'The first issue is that, if you are planning to reside in Spain more than 3 months'Ray, you have changed the subject into residence and lawfulness of action but I as far as I am aware I have only ever been a tourist, I have never had a residence, everything I read refers to having a residence, to get to the full answer you would need to study Spanish Law as to their definitions.I do not advocate or support the breaking of any law, and never have, for the benefit of any doubt..


Peter3473

Posted: Sat Sep 5, 2020 7:22pm

Peter3473

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Posted: Sat Sep 5, 2020 7:22pm

Yes I agree that this post/topic has gone on, but each to their own, but there is another post on this website, titled Advise and the original poster has answered others who have taken time to reply, and the original poster states, that she is aware of the 90 days, but has not met anyone who takes any notice of it ! Some people are only trying to be helpful, but some do get a little bit to involved. Hope you’re getting your self sorted and good luck with whatever you decide to do at the end of the day.

Kevman

Posted: Mon Sep 7, 2020 9:53am

Kevman

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Posted: Mon Sep 7, 2020 9:53am

Correct about the dodger uk cars! But I’ve seen loads of Spanish cars driving around that need putting Down! Both wing mirrors smashed bald tyres, probably never seen an itv station in years, rogues in every country! Just fingers crossed they don’t bump in to us. 🥴

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Christina92

Posted: Sun Nov 15, 2020 12:30pm

Posts: 51

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Joined: 18 Oct 2020

Posted: Sun Nov 15, 2020 12:30pm

Movingon wrote on Fri Sep 4, 2020 4:49pm:

I think you are reading 90 in a rolling 180 it as you would like it to work not as it does, maybe this will help you understand it?

The truth is that in terms of the permitted length of stay in another EU state Brexit actually changes nothing, it always was 90 days in 180 but hitherto nobody has been checking, it's that which is about to change on Jan 1st. ...

...

That’s correct , everyone turned a blind eye.

After 1st Jan 2021, it’s now the law 90 days in 180 out.

elinspain

Posted: Sun Nov 15, 2020 4:03pm

elinspain

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Posted: Sun Nov 15, 2020 4:03pm

Christina92 wrote on Sun Nov 15, 2020 12:30pm:

That’s correct , everyone turned a blind eye.

After 1st Jan 2021, it’s now the law 90 days in 180 out.

Hello Christina,

That is not correct..

It is 90 days in e.g. Spain - 90 days away from Spain = 180days...then you can begin again, it is a rolling 180day period.

Elinspain

Christina92

Posted: Sun Nov 15, 2020 7:33pm

Posts: 51

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Location: Gran Alacant

Joined: 18 Oct 2020

Posted: Sun Nov 15, 2020 7:33pm

elinspain wrote on Sun Nov 15, 2020 4:03pm:

Hello Christina,

That is not correct..

It is 90 days in e.g. Spain - 90 days away from Spain = 180days...then you can begin again, it is a rolling 180day period.

Elinspain

Oops ok. I’m still getting mixed up with it all. 

Thankyou, I’ll screen shot your reply.

Get it into my Head! Lol!

Lynne 2626

Posted: Sun Nov 15, 2020 8:45pm

Posts: 42

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Location: Mil Palmeras

Joined: 30 Apr 2020

Posted: Sun Nov 15, 2020 8:45pm

Movingon wrote on Thu Sep 3, 2020 4:43pm:

Sort of. 

It's 90 days in a rolling 180 which starts the day you set foot in the Schengen area.

Example:

If you arrived today then between now and March 2nd. 2021 (180 days hence) you could come and go as many times as you like provided the total did not exceed 90 days.

If you got to 90 days before March then you would have to leave and wait until March 3rd. for the 180 day period to start again. 

Hi can you tell me does the annual 180 days to stay in spain start from March or January 2021 

Thank you 

elinspain

Posted: Sun Nov 15, 2020 8:56pm

elinspain

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Posted: Sun Nov 15, 2020 8:56pm

Lynne 2626 wrote on Sun Nov 15, 2020 8:45pm:

Hi can you tell me does the annual 180 days to stay in spain start from March or January 2021 

Thank you 

Hello

Spain will begin to impliment this rule from Jan 1st 2021 

Whenever you arrive after that date your 90 days will begin

Cheers

Elinspain

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