Concerning the 90 day rule for non residents - Brexit and the EU: living, holidaying and moving to Orihuela Costa - Orihuela Costa forum - Costa Blanca forum in the Alicante province of Spain
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Concerning the 90 day rule for non residents

Posted: Sun Feb 2, 2020 3:12pm
21 replies1087 views7 members subscribed
Peter02

Posts: 67

26 helpful points

Joined: 22 Oct 2019

Hi I am looking for some advice and whether any one else is in this situation 

As a result of Brexit I am fortunate enough to have been granted Irish Citizenship and thus an EU national, however my wife of 40 years cannot claim that right (She is UK national). Do the rules mean 

a) I can stay as long as I like?

b) After 90 days she must leave 

c) Or is there some compromise position for families like mine 

Please comment as the so called Civil Servants do what they do best - Run away and hide 

Cfell63

Posted: Sun Feb 2, 2020 8:04pm

Cfell63

Very helpful member

Posts: 731

540 helpful points

Location: Santa Pola

Joined: 29 Jan 2018

Posted: Sun Feb 2, 2020 8:04pm

Peter, I’m in the same situation as you. My husband now holds an Irish passport & I still have my somewhat defunct UK one. 

The situation hasn’t really changed in regards to how long you can stay etc, what has changed / will change , for UK passporters, is the funding levels required. 

However, as the spouse of an Irishman ( oh be Jesus I married a paddy!) I will only have to provide financials at the EU rate not the ‘3rd national’ rate. 

Motorman

Posted: Sun Feb 2, 2020 8:42pm

Posts: 15

12 helpful points

Location: Orihuela Costa

Joined: 16 Jan 2020

Posted: Sun Feb 2, 2020 8:42pm

As I understand it if you have taken up Irish citizenship simply for the passport/EU citizenship then to qualify for an S1 you will have to register for health care and also reside there for at least 12 months.

I very much doubt you can mix-n-match Irish citizenship with an English S1 but you may be able to piggy back onto your wife's S1 if and when she gets one. 

SarahGreen

Posted: Sun Feb 2, 2020 11:23pm

Posts: 25

19 helpful points

Location: Benijofar

Joined: 2 Feb 2020

Posted: Sun Feb 2, 2020 11:23pm

Motorman wrote on Sun Feb 2, 2020 8:42pm:

As I understand it if you have taken up Irish citizenship simply for the passport/EU citizenship then to qualify for an S1 you will have to register for health care and also reside there for at least 12 months.

I very much doubt you can mix-n-match Irish citizenship with an English S1 but you may be able to piggy back onto your wife's S1 if and when she gets one. ...

...

In relation to residency and S1s, of course you can " mix and match" for as  long as S1s are accepted. S1s are provided by the country you've been living in, paid social security in and who are paying your pension and will as a result be paying your healthcare. Has nothing to do with nationality. If you are moving this year from UK on UK pension, UK provides your S1, whether you are using an Irish passport or British passport for your residency. And of course the authorities accept it, why wouldn't they? 

Peter02

Posted: Mon Feb 3, 2020 9:53pm

Peter02

Original Poster

Posts: 67

26 helpful points

Joined: 22 Oct 2019

Posted: Mon Feb 3, 2020 9:53pm

Hi Ray D 

Thank you for the information - I already claim a UK state pension + a few smaller private/employee ones 

However the wife has to wait a year till she's 66 -thanks to that WW rhymes with Banker and comes from Witney (Cameron) 

So I assume from what you say she can use the S1 as well since my income is> €700. 

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Peter02

Posted: Mon Feb 3, 2020 9:55pm

Peter02

Original Poster

Posts: 67

26 helpful points

Joined: 22 Oct 2019

Posted: Mon Feb 3, 2020 9:55pm

Hi Cefell63 

Thanks for the update very useful and much appreciated 

Peter 

Peter02

Posted: Mon Feb 3, 2020 10:03pm

Peter02

Original Poster

Posts: 67

26 helpful points

Joined: 22 Oct 2019

Posted: Mon Feb 3, 2020 10:03pm

Hi Sarah 

Thank you for the information - very much appreciated 

The Irish have an unique status in the UK, in so far that when May proposed to make EU citizens in UK pay a levy she was forced to have to exempt the Irish on the basis of Ireland being part of the Commonwealth up till 1949 - something that she evidently said she didn't know!! 

But I will investigate about the S1 situation 

Kind regards 

Peter 

  

grace murphy

Posted: Wed Feb 5, 2020 11:07am

Posts: 57

4 helpful points

Location: Javea / Xàbia

Joined: 17 Jan 2016

Posted: Wed Feb 5, 2020 11:07am

Are we going to keep our house as a holliday home i herd they are thinking of if not a resident you have to sell is this so

Grace

Cfell63

Posted: Wed Feb 5, 2020 11:18am

Cfell63

Very helpful member

Posts: 731

540 helpful points

Location: Santa Pola

Joined: 29 Jan 2018

Posted: Wed Feb 5, 2020 11:18am

I doubt that very much, Grace ! Don’t worry! :) 

SarahGreen

Posted: Wed Feb 5, 2020 12:00pm

Posts: 25

19 helpful points

Location: Benijofar

Joined: 2 Feb 2020

Posted: Wed Feb 5, 2020 12:00pm

Grace,don't worry, of course you won't have to sell! The issue is you  are likely to be more restricted in the use of your holiday home , i.e. you'll need to keep an eye on how many days you spend in Spain. No more than a total of 90 days in every 180 days. For many people who pop out every now and then for a couple of weeks that won't be a problem.  But if you like spending 4 or 5 months over the winter that looks like it might not be possible, you'd be restricted to 3 months. Starting from 2021.

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