Right to stay in Spain for up to 180 days

EU citizen or Irish passport holder you are still required to apply for residency within the first 90 days of staying in Spain. That is the reason for the 90/180 day rule. That has always been the official rule but never really got enforced in the past. 

Steve 

Sorry but I disagree. EU citizens are exempted from APPLYING for both residence and working permits. The only requisit is to apply for a NIE, which is a fiscal ID and not necessary if the person involved does not have any financial interests in Spain (bank account, property, investments etc.) Family members regardless of their Nationality are equated and benefit from the same reights as the EU family head.

Hi APM56,

The two previous responses are both slightly wrong - and both slightly correct!

The citizen of an EU member state does not need to apply for residency in another member state.  However, if they intend to stay for more than 90 days, they are supposed to register as an "extranjero" (foreigner) at a National Police station.  This is where the confusion arises, because the process for registering as a foreigner in Spain is exactly the same as the process for registering as a resident!  For this reason and prior to Brexit, many UK citizens simply didn't bother and Spain didn't enforce the rules, so long as people didn't exceed 182 days, at which point you become tax resident in Spain by default.

As a Third Country spouse of an EU citizen, you have the same access rights when you are travelling with them.

Kind regards,

Kim

Kim,

You've just done a more drawn out explanation of what I said and made it sound more complicated!!

Killjoy always argue this point and is always incorrect!!

Steve

Hi Steve,

I'm sorry you feel that way, but your use of the word "residency" is incorrect in respect of an EU citizen who has no intention of living here permanently.  What you refer to as my "drawn out explanation" was intended to explain the background to why this confusion occurs.  

Kind regards, 

Kim

You may have to get an Irish passport too?  That is what others have done to make things much easier.  Oh for goodness sake I do hope they stop this 90 day nonsense soon and let us all stay the 180 in one go. Good luck

Hi Jacky,

APM56 doesn't need an Irish passport, as their spouse has one (although I'm sure that thousands of Brits would like one! 😄).  This means that when they travel together, those trips don't count against APM56's 90-days Schengen allowance.  Any trips to Europe that APM56 makes, where they're not accompanied by their spouse, will count.

Kind regards,

Kim

This is what really frustrates me about the Forum and the reason why I always advise that posters looking clarification on important issues such as immigration, should be sign posted to official information and guidance issued by the relevant government authorities. By doing so, the enquirer will have access to the most up to date information:

https://www.dfa.ie/irish-embassy/spain/our-services/new-to-spain/residency-and-entry-requirements

http://www.exteriores.gob.es/Consulados/LONDRES/en/Consulado/Pages/Visas.aspx

https://www.gov.uk/guidance/living-in-spain 

Hi John,

I'm not sure what you're frustrated about, as the first link reflects what I have already posted.  

The OP may also find this information, from the Schengen website, helpful:

https://europa.eu/youreurope/citizens/residence/family-residence-rights/non-eu-wife-husband-children/indexamp_en.htm#non-EU-citizen-married

Kind regards, 

Kim