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Posted: Wed Oct 27, 2021 4:23pm
Very helpful member
oadbyman wrote on Wed Oct 27, 2021 4:15pm:
And how long are you allowed without registering with the authorises EU Citizens or Third country.
I think 90 in 180 days but does not count to the Schengen area 90in 180 days
You mentioned Ireland and Eastetn Europe as countries not in Schengen scheme ,I pointed out Cyprus was not in Eastern Europe ,I'm visiting Cyprus in February next year for 8 weeks ,il have a few weeks back in UK then have my 90 days in Spain
Cheryl wrote on Wed Oct 20, 2021 11:19pm:
There were a lot of illegal Brits living full-time in Spain and now their movements in and out of the country are being monitored they are choosing to move back to the UK as they don't want to be liable for Spanish taxes.
There are also those who liked to spend extended visits in Spain, such a...Read more...
...s 6 months over winter or to come and go as they wished and some have decided that as they can't use their homes as fully as they are used to they are selling up.
There are also plenty more who choose to work within the new restrictions and keep their holiday homes.
The fact is if you want to have a holiday home, wherever it is in the Schengen Zone, the same rules apply and I expect the same kind of questions are being asked in France, Greece, Malta and Italy because it is an EU rule, not a Spanish one. It was the UK's decision to leave the EU, nothing to do with Spain.Everybody's circumstances are different and if you still want to have a holiday home and can work within the rules there is no reason not to.
There is a move afoot to make restrictions to home owners illegal as it's a human rights issue and contrary to the EU convention
Posted: Wed Oct 27, 2021 6:53pm
Helpful member
Alan32 wrote on Wed Oct 27, 2021 5:43pm:
There is a move afoot to make restrictions to home owners illegal as it's a human rights issue and contrary to the EU convention
Who is making this move?
I cannot see it succeeding.
What stops me buying a holiday home in Spain while resident in UK, Russia, USA, etc then selling my home to make myself homeless I don't think the logic of Human Rights has any chance, if it does then it would defeat a lot of laws regarding immigration.
They always legally had restriction on time in Spain, and most would not want to pay Spanish taxes.
This is getting very off the ordinal subject to the extent of being OFF TOPIC
Posted: Wed Oct 27, 2021 6:59pm
Very helpful member
Basically I would say, dont believe everything you read in the press. Most of it is utter rubbish.
Posted: Wed Oct 27, 2021 7:12pm
Legendary helpful member
Gemily1 wrote on Wed Oct 27, 2021 3:34pm:
Is it not the case that all people who live in an EU country, who decide to move and reside in a different EU country have to register their presence and obtain residency after 3 months. (Please correct me if I’m wrong).
Even now legally they should do it, the powers that be have turned a blind eye in the past and will continue to do so for EU members now and in the future....
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It is the case in Spain that all foreigners, EU or not, need to apply for residency if they wish to stay longer than 3 months. The difference is an EU citizen can leave for 24 hours and return the next day to start another 3 month stay, non-EU cannot. Regardless everyone becomes a tax resident after more than 182 days in a calendar year. There are exceptions to the rule, for example those on student visas, diplomats, those on a temporary but fixed term work contract visas (usually only applies to a few specialist occupations) and a few others.
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Posted: Wed Oct 27, 2021 8:21pm
Very helpful member
Davebev1 wrote on Wed Oct 27, 2021 7:12pm:
It is the case in Spain that all foreigners, EU or not, need to apply for residency if they wish to stay longer than 3 months. The difference is an EU citizen can leave for 24 hours and return the next day to start another 3 month stay, non-EU cannot. Regardless everyone becomes a tax...
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... resident after more than 182 days in a calendar year. There are exceptions to the rule, for example those on student visas, diplomats, those on a temporary but fixed term work contract visas (usually only applies to a few specialist occupations) and a few others.
Thanks for the update.
Posted: Wed Oct 27, 2021 9:26pm
If your a non resident and can only go for half the year what's the point in keeping it as some ppl have said squatter are moving in to ppls property then your spending hundreds off pounds to get them out and some will trash there homes
Posted: Wed Oct 27, 2021 9:51pm
Very helpful member
Jackie adam wrote on Wed Oct 27, 2021 9:26pm:
If your a non resident and can only go for half the year what's the point in keeping it as some ppl have said squatter are moving in to ppls property then your spending hundreds off pounds to get them out and some will trash there homes
And if you want to keep it and have the ability to go for 6 months of the year. Why not keep it. Its entirely your choice.
Posted: Wed Oct 27, 2021 10:03pm
Legendary helpful member
Jackie adam wrote on Wed Oct 27, 2021 9:26pm:
If your a non resident and can only go for half the year what's the point in keeping it as some ppl have said squatter are moving in to ppls property then your spending hundreds off pounds to get them out and some will trash there homes
If you are using your house more than half a year then it is clearly your primary home not your second home. By definition, a second home is exactly that, your primary place of residence is where you spend the most time, so if that is your Spanish home you need to be a Spanish resident, and your second home is where you spend less time, ie not more than half a year. Spanish law states clearly, did even pre-SM days, that anyone wanting to spend more than 3 continuous months in Spain needs to apply for residency. And Spanish law also clearly states, (and has stated for many, many years), that anyone spending more than 182 days a calendar year is required to file a Spanish tax return, which includes declaring their worldwide assets, and pay due tax in Spain. So you point about there being no point in having a property in Spain if you can only use it for half the year is mute - either it is your primary home, in which case you need to be resident, or it is your second home in which case by definition you spend less than half the year in it.
Posted: Wed Oct 27, 2021 10:09pm
Davebev1 wrote on Wed Oct 27, 2021 10:03pm:
If you are using your house more than half a year then it is clearly your primary home not your second home. By definition, a second home is exactly that, your primary place of residence is where you spend the most time, so if that is your Spanish home you need to be a Spanish resident, and...
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... your second home is where you spend less time, ie not more than half a year. Spanish law states clearly, did even pre-SM days, that anyone wanting to spend more than 3 continuous months in Spain needs to apply for residency. And Spanish law also clearly states, (and has stated for many, many years), that anyone spending more than 182 days a calendar year is required to file a Spanish tax return, which includes declaring their worldwide assets, and pay due tax in Spain. So you point about there being no point in having a property in Spain if you can only use it for half the year is mute - either it is your primary home, in which case you need to be resident, or it is your second home in which case by definition you spend less than half the year in it.
I was also talking about squatters using ppls holiday homes as there own and running up big Bill's what the owners have to pay and also the cost to get them out there has been a few subjects on this
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