Returning after 90 days - Page 2

Each country sets its own immigration policy and visas, always has.  Being in the EU or in Schengen doesn't remove that sovereign right.  The OP is Irish so an EU citizen so not restricted to 90/180 in Schengen but still needs to comply with the laws of the individual countries.  Brits are subject to 90/180 in the whole of Schengen.  Spain has always had a 3 month max stay which they have always enforced for third country nationals (but historically not enforced often for EU citizens).  France has a 6 month visa available that is for France only, Spain does not.  There are 4 EU countries not in Schengen and 4 (soon to be 5) non-EU countries in Schengen, so the two geographic areas are not the same.  If a country wishes to introduce a special visa for those visiting their own country it can, (hence all the different types of visa available already for Spain), because immigration and visas are down to each individual country; those countries in Schengen have agreed to have free movement between their countries for third country nationals of 90 in 180 days.

Hi , I applied for a long term French visa as you have mentioned and it was refused on the basis that as a U.K. national I did not need a visa I should just arrive in France then apply for residency 

They don’t seem keen to issue such visas !

I have never looked into the requirements for the French 6 month visa or residency so do not know the details or criteria, just know they do one and know there residency requirements and application process are very different from those of Spain. 

hi, is it strictly 90 days  or is it 3 calender months. thanks

Schengen is a very strict 90 days, including travel.

It is strictly 90 days total in a rolling 180 period. 

Steve 

Ireland has not left the EU so free movement applies

I believe that would have to wait 90 days before retu

My husband and I would like to rent for 12 months in Spain(I have a EU passport and my husband a UK Passport I’m a pensioner he still works at the moment.A question please how can we take up a long term rental for twelve months if you can only stay for 6 months in a year please.

Sandra

The only way you can stay is by registering for residency.  As you are an EU national your husband can travel with you (never alone) on the same terms as you.  For Spain that would mean registering as a foreigner with proof of your ability to support yourself and with medical cover (residencia) for any stay longer than 3 months, even as an EU national.  Your husband would register as the spouse of an EU national.  Whilst this has rarely been enforced in Spain over the last few years, the fact that your husband is not an EU national will highlight that you are both there.  

As an EU national you can stay your 90 days and then leave Spain for a day or two (get proof) and then return to start another 90 days stay.  BUT as soon as you spend 183 days or more in one year in Spain you become a fiscal resident even without taking Spanish residency, so you are required to file a tax return declaring your worldwide assets and pay due tax in Spain.

So in short, yes you can in theory do four separate 90 day visits (just!) with becoming a resident over the course of a year, but you would still have to pay Spanish tax.