EU or non-EU, a person becomes a fiscal tax resident if they spend longer than half a year in Spain. This is an important fact. Whilst it has nothing to do with Schengen visas etc, it is a serious consideration for anyone, which was why it was raised in the first place. If David1259 (or anyone else) doesn't want to be liable for paying tax in Spain on their worldwide assests they need to ensure they do not stay longer than a total of 182 days in 365, resident or not resident.
Posted: Wed Dec 2, 2020 6:15pm
Legendary helpful member
Posted: Wed Dec 2, 2020 6:29pm
Legendary helpful member
yevlondon wrote on Tue Dec 1, 2020 8:21pm:
question was not about tax residency.
and my comment stands. one can stay longer than 182 days in a year in total without registering, if one leaves after 3 months and then re-enters. as many times as one pleases. 182 days is not a thing.
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so much misinformation floating around it's quite astonishing really. when all the documents are in open access.
Genuine question Yev.. because I'm easily confused lol
Do you believe a citizen from an EU country can visit Spain for more than 90 days at one time without breaking any regulation?
Steve
Posted: Wed Dec 2, 2020 6:46pm
Legendary helpful member
No they cannot legally stay longer in one visit than 90 days. Maximum unbroken visit without applying for residency in Spain is 90 days. (There are a few exceptions, such as students.) The EU rules have always stated that any EU citizens can visit another EU country for an extended holiday or financially self-supporting stay for 90 days maximum. Spain has always required anyone staying longer than 90 days to apply for residency (unless covered by one of the exceptions, such as studying at a Spanish university or on certain types of work contracts). The fact that these rules have been widely abused doesn't make them any less correct.
Posted: Wed Dec 2, 2020 6:56pm
Legendary helpful member
Davebev1 wrote on Wed Dec 2, 2020 6:46pm:
No they cannot legally stay longer in one visit than 90 days. Maximum unbroken visit without applying for residency in Spain is 90 days. (There are a few exceptions, such as students.) The EU rules have always stated that any EU citizens can visit another EU country for an exten...
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...ded holiday or financially self-supporting stay for 90 days maximum. Spain has always required anyone staying longer than 90 days to apply for residency (unless covered by one of the exceptions, such as studying at a Spanish university or on certain types of work contracts). The fact that these rules have been widely abused doesn't make them any less correct.
I'm aware of this DaveBev, I was asking Yev
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Posted: Thu Dec 3, 2020 5:53pm
yevlondon wrote on Tue Dec 1, 2020 6:43pm:
With Irish passport you can spend 3 months in Spain without having to register as resident. Then you can leave (even for 1 day) to any other country, re-enter Spain and stay again 3 months. Some people confuse this with 90/180 rule which is NOT applicable to EU citizens. Since your Irish passport...
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... will not be stamped upon entry to Spain anyway it is possible but highly unlikely that someone would detect that you stayed there for longer than 3 months if you do. I d keep track of the days if I were you to stay on the safe side.
90/180 rule did NOT apply to UK when we were in the EU. for UK same 3 months rule applied as described above (3 months in a given country, not in whole of Schengen). it will however start to apply from 1 1 2021 because UK will be considered 3rd country, and UK citizens will only be able to stay for 90 days in any 180 day period in whole of Schengen, not just Spain.
i wish I had an Irish passport :) would make my life so much easier.
Can someone help me with this situation, I hold an Irish Passport, which I shall use but unfortunately my wife only has a UK passport - Does anybody know if there is some arrangement that exists that allows for her to remain with me after the 90 days in the 180. Otherwise it effectively splits us up by allowing me to stay and she must leave. Maybe that has been Johnson's ultimate goal all along since he cannot maintain relationships so nobody else should either.
Posted: Thu Dec 3, 2020 6:07pm
Legendary helpful member
Peter02 wrote on Thu Dec 3, 2020 5:53pm:
Can someone help me with this situation, I hold an Irish Passport, which I shall use but unfortunately my wife only has a UK passport - Does anybody know if there is some arrangement that exists that allows for her to remain with me after the 90 days in the 180. Otherwise it effectively splits us...
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... up by allowing me to stay and she must leave. Maybe that has been Johnson's ultimate goal all along since he cannot maintain relationships so nobody else should either.
Whatever passport you hold you would still have to leave by day 90 of a continuous/unbroken visit unless applying for residency. The difference is you, with your Irish passport, can return again almost straight away but you wife, with a British passport, cannot. A British passport will limit your wife to 90 days per 180 days, no way around it, unfortunately.
Posted: Thu Dec 3, 2020 6:24pm
dinnerout wrote on Wed Dec 2, 2020 6:29pm:
Genuine question Yev.. because I'm easily confused lol
Do you believe a citizen from an EU country can visit Spain for more than 90 days at one time without breaking any regulation?
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Steve
hi. if you read my comments above they are pretty clear. EU citizens can stay up to 3 months (which is not the same as 90 days by the way) without having to register in another EU country. i never said they can stay longer in one go. to stay longer they need to apply for residency. BUT they can leave and re-enter and then stay another 3 months. then leave again and re-enter. and again. (that will have tax implications but that is a different story). 90/180 rule is not applicable to EU citizens as clearly stated in Schengen border code. 90/180 rule is for non-EU citizens coming to Schengen area. Irish are EU citizens. hope this is clear.
Posted: Fri Dec 4, 2020 9:07am
Helpful member
david1259 wrote on Mon Nov 30, 2020 10:11pm:
I’ve recently bought a villa in Los Altos
Not quite ready for Residentia but would like a long term visa.
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I hold an Irish eu passport and a U.K. passport.
Does a long term visa exist ? I am retired and can provide proof of self supporting income.
Is this possible ?
David 1259
I
Hi we are in a similar position in so much as my wife hold dual UK and Irish citizenship but I only have UK citizenship. We owned properties both in France and Spain and it was our intention to spend six months at. Each I have made some enquiries but it is very confusing but I have been told that as long as I am travelling with my wife I can invoke “treaty rights “which gives me the same rights as her
Posted: Fri Dec 4, 2020 10:02am
Legendary helpful member
Alan mac wrote on Fri Dec 4, 2020 9:07am:
Hi we are in a similar position in so much as my wife hold dual UK and Irish citizenship but I only have UK citizenship. We owned properties both in France and Spain and it was our intention to spend six months at. Each I have made some enquiries but it is very confusing but I have been told that...
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... as long as I am travelling with my wife I can invoke “treaty rights “which gives me the same rights as her
Hi Alan,
Which "Treaty Rights" would you be invoking please? EU or Irish/UK? Have you lived permanently in Spain and/or France, with or without formal residency, for 5 years?
A Scottish friend of mine has obtained an Irish passport, because her mother and grandparents were Irish, but her Scottish husband has been told this confers no additional rights on him. I'd like to read the Treaty Rights to which you refer, to see whether they would help my friends.
Kind regards,
Kim
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