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Schenken rules

Posted: Wed Oct 5, 2022 1:16pm
13 replies966 views5 members subscribed
Phil70

Posts: 13

12 helpful points

Location: Mil Palmeras

Joined: 4 Nov 2018

Hi, I know this is probably and old topic but we have had a holiday home In Mill palmeras for 15 years visiting probably three or four months a year. I have always calculated our days since the 90 days in 180 rule came in as that on our first day of entry we cold stay any amount of visits as long as we didn't exceed the 90 days in roughly that 6 month period,and you could then start your next 90 days in the following 180 days, basically meaning in each 6 month period you can stay for a total of 3 months. I have tried to use the schenken calculator but find it so confusing, any advice would be much appreciated,thanks.

elinspain

Posted: Wed Oct 5, 2022 2:19pm

elinspain

Legendary helpful member

Posts: 3248

4130 helpful points

Location: La Mata

Joined: 4 May 2018

Posted: Wed Oct 5, 2022 2:19pm

Hello

 It is not a set 180day period - it is a rolling 180days!

Some 'used 'days(visits, drop off  at the beginning and some days are added at the end. When you calculate - you decide your next departure date (from Spain) & count back 180 days...you will then see how many days you have used  & how many are left

https://ninety180.com/howToUse   This is the best calculator ever ....see if this helps, I hope it does...

Cheers

Elinspain

Darro

Posted: Wed Oct 5, 2022 3:02pm

Darro

Super helpful member

Posts: 1487

1303 helpful points

Location: Catral

Joined: 8 Sep 2021

Posted: Wed Oct 5, 2022 3:02pm

The only way I can see to find the Schengen calculator confusing is if you fundamentally misunderstand what 90 days in 180 means which will result in your calculations coming out differently - and incorrectly.

Phil70

Posted: Wed Oct 5, 2022 3:55pm

Phil70

Original Poster

Posts: 13

12 helpful points

Location: Mil Palmeras

Joined: 4 Nov 2018

Posted: Wed Oct 5, 2022 3:55pm

elinspain wrote on Wed Oct 5, 2022 2:19pm:

Hello

 It is not a set 180day period - it is a rolling 180days!

Some 'used 'days(visits, drop off  at the beginning and some days are added at the end. When you calculate - you decide your next departure date (from Spain) & count back 180 days...you will then see how many days you have used  & how many are left

https://ninety180.com/howToUse   This is the best calculator ever ....see if this helps, I hope it does...

Cheers

Elinspain

Thanks so much for sending the link, very useful imformation 

SuMurphy

Posted: Thu Oct 6, 2022 3:32pm

Posts: 25

6 helpful points

Location: Rojales

Joined: 2 Sep 2022

Posted: Thu Oct 6, 2022 3:32pm

All I know is the Spanish Government surely must be thinking of reversing this as their economy must be losing thousands of Euros and that’s only from my family!

Makes no sense👎

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Relyat

Posted: Thu Oct 6, 2022 3:36pm

Relyat

Very helpful member

Posts: 908

895 helpful points

Location: Pego

Joined: 12 Jul 2018

Posted: Thu Oct 6, 2022 3:36pm

SuMurphy wrote on Thu Oct 6, 2022 3:32pm:

All I know is the Spanish Government surely must be thinking of reversing this as their economy must be losing thousands of Euros and that’s only from my family!

Makes no sense👎

You might want to research the Schengen Agreement to assist your understanding of the Spanish government's role. 

SuMurphy

Posted: Thu Oct 6, 2022 7:39pm

Posts: 25

6 helpful points

Location: Rojales

Joined: 2 Sep 2022

Posted: Thu Oct 6, 2022 7:39pm

Relyat wrote on Thu Oct 6, 2022 3:36pm:

You might want to research the Schengen Agreement to assist your understanding of the Spanish government's role. 

Well they might want to re think their agreement in li e with Schengen before their economy goes down the tubes!

Davebev1

Posted: Thu Oct 6, 2022 8:16pm

Davebev1

Legendary helpful member

Posts: 1574

2227 helpful points

Location: Playa Flamenca

Joined: 7 Nov 2017

Posted: Thu Oct 6, 2022 8:16pm

SuMurphy wrote on Thu Oct 6, 2022 3:32pm:

All I know is the Spanish Government surely must be thinking of reversing this as their economy must be losing thousands of Euros and that’s only from my family!

Makes no sense👎

Being a Schengen, not Spanish, rule Spain cannot 'reverse' it.  Spain have always had a limit on the length of continuous stay of 3 months without some form of residency, although EU nationals can leave and restart that 3 month period as frequently as they wish, not bound by the 90/180.  Admittedly it isn't generally enforced for EU nationals but it is still the law.  Spain also has tax laws that means anyone, EU or otherwise, who spends more than 182 days a year in Spain is classed as a fiscal resident regardless and should pay taxes in Spain accordingly.  As a non-resident you own a second, not primary, home and therefore, by definition, would spend less than 6 months of the year there.  So the total amount of time second home owners can spend in Spain hasn't changed, it's the spread of that time that has changed.

Spain can, of course, introduce a new type of tourist or homeowners visa for third country nationals that permits longer single stays but that involves changing Spanish law.  Like all political parties throughout the world, the parties are looking at manifesto pledges that will appeal to their electorate throughout their country, and away from a few coastal areas the idea of a new tourist or homeowners visa is unlikely to be a vote winner, so unlikely to be much of a priority for any of the major political parties.  So we are left working with the status quo of 90/180 - I didn't vote for brexit but I am bound by the consequences of it (sadly).

Phil70

Posted: Thu Oct 6, 2022 8:31pm

Phil70

Original Poster

Posts: 13

12 helpful points

Location: Mil Palmeras

Joined: 4 Nov 2018

Posted: Thu Oct 6, 2022 8:31pm

Thanks for all the info, been very helpful but I agree that its very unlikely that it will change, we have made many friends since buying our holiday home and since retirement have managed to spend more time in Spain and don't think we will rush in and sell up but many of our friends have sadly returned to the UK. 

SuMurphy

Posted: Thu Oct 6, 2022 9:11pm

Posts: 25

6 helpful points

Location: Rojales

Joined: 2 Sep 2022

Posted: Thu Oct 6, 2022 9:11pm

Phil70 wrote on Thu Oct 6, 2022 8:31pm:

Thanks for all the info, been very helpful but I agree that its very unlikely that it will change, we have made many friends since buying our holiday home and since retirement have managed to spend more time in Spain and don't think we will rush in and sell up but many of our friends have sadly r...

...eturned to the UK. 

Yes Phil like many Brits the idea of spending our cold winters in lovely warm Spain has sadly disappeared and I think we shall also be selling to move to somewhere more accommodating and outside Schengen rules.

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