Irish husband and want to stay 180 days

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DEP003 wrote on Wed Oct 4, 2023 6:01pm:

If your husband is from Southern Ireland (which is part of the EU) then my understanding is you can apply for an Irish passport and you can both stay for as long or short as you want.  There are no time constraints between EU countries if you both hold an EU passport.

If your husband holds an EU passport and you hold a UK one, your husband can stay for as long or short as he wants between EU countries whereas you can only stay for up to 180 days.  This may explain why your passport gets stamped.  An overstayer can get you blocked for up to 3 years....

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If your husband is from Northern Ireland then sadly that makes you both part of the UK so you can only stay a maximum of 180 days at a time.

I believe my info is correct but please check it out first.

LinPlant wrote on Wed Oct 4, 2023 5:00pm:

I’m asking here, in the hope someone has done this recently and can offer me some advice, because we are getting nowhere with the Consulate, Embassy Spanish or Irish or general Google.

We live in Ireland and plan on staying for around 5 months in Spain over this and future winters. 

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Husband is Irish, I have a UK passport  Border Guards always stamp my passport, dismiss the fact I’m travelling with husband, despite having wedding cert with us. 

Our health insurance here, covers us for 6 months in Spain, same for t he car, although no breakdown cover.

From what we have read and been told, an EU citizen needs to register with (we think) immigration police within 90 days, but we don’t want to stay for a year or more than 6 months, which would be tax resident. 

Where do we find immigration police?

We already have NIE numbers and own a house elsewhere in Spain. 

Not sure that even matters.

Can anyone give me advice on where I go with this, I (we) don’t want full-time residency. I only want to avail of the same rights he has, which I can, but don’t know how to, ensure we are both legal. 

We will be staying around La Mata, so any advice on what offices we might need to go to would also be helpful. 

Thanks in advance to anyone that can offer any help here. We are going round in circles and it can’t surely be this difficult. 

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DEP003 wrote on Wed Oct 4, 2023 6:01pm:

If your husband is from Southern Ireland (which is part of the EU) then my understanding is you can apply for an Irish passport and you can both stay for as long or short as you want.  There are no time constraints between EU countries if you both hold an EU passport.

If your husband holds an EU passport and you hold a UK one, your husband can stay for as long or short as he wants between EU countries whereas you can only stay for up to 180 days.  This may explain why your passport gets stamped.  An overstayer can get you blocked for up to 3 years....

Read more...

...

If your husband is from Northern Ireland then sadly that makes you both part of the UK so you can only stay a maximum of 180 days at a time.

I believe my info is correct but please check it out first.

marcliff wrote on Wed Oct 4, 2023 6:25pm:

Quite wrong, I'm afraid. Firstly, it doesn't matter if he's from South or North Ireland, all are entitled to an Irish passport. 

Secondly, an EU citizen does not get carte blanche to come to Spain and stay as long as they like. Whilst the 90 in 180 days does not apply, the maximum and EU citizen can stay in Spain in one trip is 90 days unless you sign on the register of foreign EU citizens resident in Spain. This is very e...

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...asy to do but must be done in the 3 months from arrival. This will allow you to stay in Spain for longer than the 90 days but, as you say, don't go over the 183 days or you become a fiscal (tax paying) resident.

You simply make an appointment with a foreigners' office or National Police station in the province you are going to stay in. You, with a UK passport, can accompany him with the same "spouse of" register but you must ensure you keep records of your travel as going over 90 days is only valid if you are accompanying him and you must be able to prove it. You will not be able to enter the Schengen area by yourself if you exceed 90 days in 180. 

This link tells you all about it https://administracion.gob.es/pag_Home/en/Tu-espacio-europeo/derechos-obligaciones/ciudadanos/residencia/obtencion-residencia/inscribirte-residente.html

You make a prior appointment with the National Police at this link https://icp.administracionelectronica.gob.es/icpplus/index.html

It talks you through it by selecting National Police Procedures and then EU Citizen Registration Certificate. When completing the form ensure you tick De No residencia on the back. It also gives a link to the tax form code 790 Model 012 which you pay at a bank of about 12 euro (ish, it will tell you how much when you print the certificate).

You will require an in date passport, proof of funds (600 euro a month) and full health insurance coverage for your time in Spain which gives at least the same cover as the Spanish NHS with no copayments.

Northern Ireland and Southern Ireland are considered the same in the EU regardless of NI being in the UK

Darro wrote on Wed Oct 4, 2023 9:31pm:

"I would  be grateful if  you could  tell  what your Motor Insurance  company  you are insured  with. As  I  am with  Liberty  insurance  and will only insure my transport  for  Maximum  of 93 days  in Europe"

All motor insurance policies written in the EU, and including those written in UK, must by law provide cover for minimum 3rd party risks for their duration, i.e. the full year not just 90 days. It's only the comprehensive element which is subject to limitation determined by the individual insurer...

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Insurers won't tell you that as they want you to spend xxxx for an extension of the comprehensive cover. Some appear to not even know the law and insist that cover will be voided if you go over their 90 days, or whatever it is they allow!

Can't help with breakdown and health insurance.