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Ripped off

Posted: Thu Jan 14, 2021 9:56pm
9 replies1012 views5 members subscribed
Wayne12

Posts: 8

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Location: Los Altos

Joined: 25 Jun 2019

Hi like me I guess a lot of you are pissed off with what brexit implies (90 days in 180) as I guess a lot of you bought property before 2016 ( before uk referendum) we bought thinking and rightly so that we would be able to use our homes as and when we wanted and I guess we all invested quite a lot of money into these homes  . We are now being penalised as we now only have limited use of our homes ( would we have invested the money iff we had known this and I am talking pre 2016) when a pension scheme changes its rules the new rules apply from date of change the old rules and conditions are honoured up to that date so why can’t us who bought pre 2016 before any mention of brexit still have the rules apply from when we bought . Would like thoughts on this  

Herefordjack

Posted: Thu Jan 14, 2021 11:27pm

Herefordjack

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Posted: Thu Jan 14, 2021 11:27pm

Blame the idiots who voted for Brexit, not the EU countries who are implementing the consequences of that choice.

Non resident British citizens now have the same rights as any other citizen of a non EU country, which is what the UK voted for. Personally, I'm just grateful that Spain is still treating resident (pre 2021) British citizens so generously.

RobScot

Posted: Fri Jan 15, 2021 7:58am

RobScot

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Posted: Fri Jan 15, 2021 7:58am

Hasn’t the 90 days in 180 always applied to non-residents?

Anne1939

Posted: Fri Jan 15, 2021 8:14am

Anne1939

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Posted: Fri Jan 15, 2021 8:14am

RobScot wrote on Fri Jan 15, 2021 7:58am:

Hasn’t the 90 days in 180 always applied to non-residents?

Yes it’s always been the case ...it’s just that most, if not all of the Schengen zone countries chose not to enforce it. I bought back in 2006, I knew the rules and admittedly over the years I have on a few occasions exceeded the 90/180. I see so many posts blaming Brexit for a law that’s been enforceable well before the referendum. 

Portet

Posted: Fri Jan 15, 2021 12:15pm

Portet

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Posted: Fri Jan 15, 2021 12:15pm

Anne1939 wrote on Fri Jan 15, 2021 8:14am:

Yes it’s always been the case ...it’s just that most, if not all of the Schengen zone countries chose not to enforce it. I bought back in 2006, I knew the rules and admittedly over the years I have on a few occasions exceeded the 90/180. I see so many posts blaming Brexit for a law that’s b...

...een enforceable well before the referendum. 

Has Brexit not made a difference though? I thought previously you could stay in spain for 90 days, leave for a day and then do another 90 (in order to avoid requirement to seek residency). You would still need to seek tax residency if you spent over 180 (?183) days a year there, but it did mean that you could do large parts of the winter which the 90/180 does not allow.

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Anne1939

Posted: Fri Jan 15, 2021 1:41pm

Anne1939

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Posted: Fri Jan 15, 2021 1:41pm

Portet wrote on Fri Jan 15, 2021 12:15pm:

Has Brexit not made a difference though? I thought previously you could stay in spain for 90 days, leave for a day and then do another 90 (in order to avoid requirement to seek residency). You would still need to seek tax residency if you spent over 180 (?183) days a year there, but it did mean t...

...hat you could do large parts of the winter which the 90/180 does not allow.

I’m not sure that is how it worked prior to Brexit, however I’m certain there will be more knowledgeable members on the forum that can give you an answer. 

Davebev1

Posted: Fri Jan 15, 2021 9:41pm

Davebev1

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Posted: Fri Jan 15, 2021 9:41pm

RobScot wrote on Fri Jan 15, 2021 7:58am:

Hasn’t the 90 days in 180 always applied to non-residents?

The rules previously were no single unbroken visit could be longer than 90 days but if you returned to the UK for a few days you could then return for another 90 days.  The complicating factor was the Spanish tax rules - totally separate from anything to do with the EU 90 day rule.  Under Spanish law anyone who stays longer than 183 days in a year is automatically a fiscal resident and required to file a tax return and pay tax on their worldwide income and assets.  Both were widely ignored by Brits (and no doubt other EU citizens) and Spain was lax in enforcing the rules.  Now the UK is no longer in the EU Brits will face very strict enforcement of the rules that apply to 3rd Country Nationals (TCNs).  Schengen rules for those outside the EU and SM are 90 days in any consecutive 180 days.

Portet

Posted: Fri Jan 15, 2021 11:04pm

Portet

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Posted: Fri Jan 15, 2021 11:04pm

This post that was quoted has been deleted.

Are you sure?

@davebev1's response agrees with my understanding of the pre Brexit situation which I have looked into in some detail. Can you give a source for your response?

Portet

Posted: Sat Jan 16, 2021 11:40pm

Portet

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Posted: Sat Jan 16, 2021 11:40pm

This post that was quoted has been deleted.

I wasn't referring to the restarting of the 180 day clock but the 90 day clock in order to avoid the need to seek residency.

I am aware that the post Brexit rules prevent staying for more than 90 days in any 180 but what was it that prevented staying for more than 90 days in 180 prior to Brexit?

Davebev1

Posted: Sun Jan 17, 2021 4:57am

Davebev1

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Posted: Sun Jan 17, 2021 4:57am

This post that was quoted has been deleted.

As with Portet's reply, neither of us said you can reset the 180 day clock, you can't.  We both pointed out how things have changed for Brits who were previously able to travel under the EU's Single Market FoM rules but due to brexit have been excluded from that by the UK government decision to leave both the EU and SM and must now travel according to Schengen Third Country Nayionals rules.  

It is TCN rules that state 90 days in any rolling 180 days.

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