Returning after 90 days

Technically anyone, whatever passport they hold, should apply for residency within 90 days if they intend to stay longer. In practice many EU passport holders come and go as they wish, as Brits did before Brexit. If you stay longer than 183 days in any calendar year then you become liable for Spanish tax.

Also you can't apply for a residence card(TIE) if you don't want to live here in Spain 

Steve 

Hi Cheryl

Many thanks for your reply. We will just be returning for a few days here and there I thought that perhaps we would be required to wait a period of time before doing that having stayed for 90 days but clearly not.

Martina

As EU citizens you can stay in Spain a max of 3 months without registering for residency, but you only need to leave Spain for 24 hours (worth getting proof of that) before you start your next 3 month stay.  However, under Spanish law if you stay in Spain 183 days or more in any calendar year you would be classified as a fiscal resident even though you are not an actual resident.  As a fiscal resident you would be required to declare your worldwide income and assets and pay due tax in Spain, so you still need to ensure you count the days.  Spain have never particularly enforced the three month rule for EU citizens but they will chase people for unpaid tax.

Hi Steve

Many thanks for your reply.  As we will just be staying for a couple of weeks here and there after 90 days  I thought from what I had read online that we would need to apply for a registration card, so thank you for clarification.

Martina

Hi Dave

Many thanks for your reply and for all the information which has clarified the staying/returning regs - really appreciate it.

Kind regards

Martina

It’s a shame Spain doesn’t have the same system as France.  In France you can apply for dual residency for retired people allowing you to stay for how long you want and have the freedom to come back to the U.K.

Hi what are the requirements to achieve this ?

Thanks 

Hello

The rules that  apply in Spain apply to all countries in the Schengen Zone (26 Countries), so not just Spanish rules . France is also  one of those countries, so unsure how French system works...how do you qualify? 

Cheers

Elinspain