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Long term visa

Posted: Mon Nov 30, 2020 10:11pm
36 replies5396 views13 members subscribed
david1259

Posts: 40

6 helpful points

Location: Orihuela Costa

Joined: 20 Aug 2020

I’ve recently bought a villa in Los Altos 

Not quite ready for Residentia but would like a long term visa.

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

CharlieFarmer

Posted: Tue Dec 1, 2020 1:47am

CharlieFarmer

Helpful member

Posts: 123

164 helpful points

Location: Catral

Joined: 4 Nov 2020

Posted: Tue Dec 1, 2020 1:47am

With your Irish passport you are an EU citizen and as such for you visas do not apply or even exist, that's not to say however that the 90/180 day rule doesn't still apply, it does as it always has. 

With your UK passport, both now and after 1.1.21, you are similarly subject to the 90/180 day rule. 

With either to stay longer than that residency is the only lawful route.

That said after 1.1.21 for all but newly disenfranchised UK citizens, who will now be having their passports stamped both in and out, the freedom to stick two fingers up at the law and stay at their leisure will continue much as it has until now. 

In theory at least I suppose it might be considered something of a loophole if you were to alternate between passports leaving the country before 90 days on one then immediately returning for up to 90 days on the other, and so on.

Whether immigration would pick up on a name in that circumstance I couldn't say.

Youhoo

Posted: Tue Dec 1, 2020 8:36am

Youhoo

Helpful member

Posts: 279

136 helpful points

Location: Orihuela Costa

Joined: 23 Jun 2018

Posted: Tue Dec 1, 2020 8:36am

There is talk of a longer term visa, but like all things if there’s money to be made some agreement will happen,No doubt but it’s a watch and wait but how lucky are you to have an Irish passport make the most of it  and good luck 

david1259

Posted: Tue Dec 1, 2020 9:48am

david1259

Original Poster

Posts: 40

6 helpful points

Location: Orihuela Costa

Joined: 20 Aug 2020

Posted: Tue Dec 1, 2020 9:48am

CharlieFarmer wrote on Tue Dec 1, 2020 1:47am:

With your Irish passport you are an EU citizen and as such for you visas do not apply or even exist, that's not to say however that the 90/180 day rule doesn't still apply, it does as it always has. 

With your UK passport, both now and after 1.1.21, you are similarly subject to the 90/180 day rule. ...

...

With either to stay longer than that residency is the only lawful route.

That said after 1.1.21 for all but newly disenfranchised UK citizens, who will now be having their passports stamped both in and out, the freedom to stick two fingers up at the law and stay at their leisure will continue much as it has until now. 

In theory at least I suppose it might be considered something of a loophole if you were to alternate between passports leaving the country before 90 days on one then immediately returning for up to 90 days on the other, and so on.

Whether immigration would pick up on a name in that circumstance I couldn't say.

Hmm that’s what I was contemplating but I need to check it out first.

Thanks v

david1259

Posted: Tue Dec 1, 2020 10:46am

david1259

Original Poster

Posts: 40

6 helpful points

Location: Orihuela Costa

Joined: 20 Aug 2020

Posted: Tue Dec 1, 2020 10:46am

This post that was quoted has been deleted.

Thanks very much l didn’t realise TIE ti U.K. passport could be cheaper.

This is why I’m not ready yet. A lot more homework to be done !

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yevlondon

Posted: Tue Dec 1, 2020 6:43pm

Posts: 19

17 helpful points

Location: Alicante City

Joined: 10 Jul 2020

Posted: 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 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.

david1259

Posted: Tue Dec 1, 2020 7:14pm

david1259

Original Poster

Posts: 40

6 helpful points

Location: Orihuela Costa

Joined: 20 Aug 2020

Posted: Tue Dec 1, 2020 7:14pm

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...

... 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.

Many thanks for the information, you’re the first person to point out the advantage of travelling with an Irish passport 

Does my wife who only has a U.K. passport qualify or can she only stay 90/180 days 

Best regards 

David 1259

yevlondon

Posted: Tue Dec 1, 2020 7:19pm

Posts: 19

17 helpful points

Location: Alicante City

Joined: 10 Jul 2020

Posted: Tue Dec 1, 2020 7:19pm

UK passport holders would indeed be limited by 90/180 rule, unless they apply and get a residency. I believe there is a special visa for spouses of EU citizens, but i am afraid i do not know much about it but have a look at Spanish embassy website in London or Dublin (or where she would apply from) for more details

Davebev1

Posted: Tue Dec 1, 2020 7:25pm

Davebev1

Legendary helpful member

Posts: 1560

2200 helpful points

Location: Playa Flamenca

Joined: 7 Nov 2017

Posted: Tue Dec 1, 2020 7:25pm

Irish passport allows you to stay up to 182 days in any 365 as long as no one stay is over 90 days.  (UK passport is 90 days per 180.)  The advantage your Irish passport has over your UK one is that you can do 90 days, leave Spain for a weekend (or even just 24 hours) - visit Gibraltar or Portugal or France if you don't want to fly back to Ireland - and then you can do another 90 day stay.  So you can live in Spain all winter without a problem as long as you have that weekend break.  If you over stay 182 days in the year then you will automatically be due to file a Spanish tax return even without residencia.  The rules have been widely abused in the past but things will tighten for Irish passport holders by the time ETIAS comes in (prob end 2021 or early 2022).

david1259

Posted: Tue Dec 1, 2020 7:30pm

david1259

Original Poster

Posts: 40

6 helpful points

Location: Orihuela Costa

Joined: 20 Aug 2020

Posted: Tue Dec 1, 2020 7:30pm

yevlondon wrote on Tue Dec 1, 2020 7:19pm:

UK passport holders would indeed be limited by 90/180 rule, unless they apply and get a residency. I believe there is a special visa for spouses of EU citizens, but i am afraid i do not know much about it but have a look at Spanish embassy website in London or Dublin (or where she would apply fro...

...m) for more details

Hey that’s really helpful but I might have to be a single person sometimes until we apply for residentia , such a shame Haha !

Th

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