Long term visa - Page 2

Thanks that’s very helpful, in fact so many people have been both informative and supportive of all the queries a new owner / new expat

I am so pleased that I joined this forum

Many thanks again 

David 1259

this is incorrect

there is no limit to 182 days in a year. you are confusing right to stay in a country with tax residency. if one stays in Spain longer than 183 days indeed they would be deemed tax resident. but it is not illegal for EU national to stay in spain for more than 182 days a year. it clearly says so in freedom of movement directive https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex:32004L0038R(01) 

eu national can stay in another eu country without having to register up to 3 months. period. no "up to 182 days in a year"

In the context of David's original post, i.e. they're "not quite ready for residency", I think DaveBev1 has given the most comprehensive response, which includes flagging the timeline that triggers fiscal residency, i.e. 182 days.

I disagree with yevlondon's statement, "but it is not illegal for EU national to stay in spain for more than 182 days a year" - that's only the case if they register.  Section 12 of the document yevlondon attached states as much:

(12)

For periods of residence of longer than three months, Member States should have the possibility to require Union citizens to register with the competent authorities in the place of residence, attested by a registration certificate issued to that effect.

In the case of Spain, they do require citizens of other EU states to register their presence, if they intend to exceed 3 consecutive months in the country.

Kind regards,
Kim

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.

so much misinformation floating around it's quite astonishing really. when all the documents are in open access.

I explained they can stay the 90 days (or 3 months if you prefer) per stay without the need for residency. The 182 days is relevant in that could have a major impact on the person concerned. So my comment stands. 90  days per visit but keep it to max 182 days in a year to avoid requirement to pay Spanish tax.

Thanks Kimmy, Lev and Dave,very helpful indeed 

Although you don’t seem to agree on this subject I have learnt a lot more since posting my enquiry.

Please keep up the good work it really is invaluable.

Best regards 

David 1259

90 days in 180 is a Schengen rule and if anybody believes that having an Irish passport somehow overrides that, or endows special priviledges, I would ask them to provide definitive proof. 

just wow.

Freedom of movement directive. Applies to all EU countries. https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex:32004L0038R(01)

Article 6

Right of residence for up to three months

1. Union citizens shall have the right of residence on the territory of another Member State for a period of up to three months without any conditions or any formalities other than the requirement to hold a valid identity card or passport.

...

Article 7 then specifies which conditions need to be met for stays longer than 3 months. if you are an EU citizen (e.g. Irish) you can however leave and re-enter, and 3 months start again.

There is NOTHING in the whole document about "180 days". That is a Schengen rule applying to THIRD COUNTRY nationals. Ireland is not a Third country. it is a member of the EU. Here is Schengen border code that specifies 90/180 rule https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=LEGISSUM:l14514 

It clearly states that 90/180 rule applies to NON EU citizens and does not apply to EU citizens.

Hi Yevlondon,

You've posted that your link "....clearly states that 90/180 rule applies to NON EU citizens and does not apply to EU citizens".  However the 90 days in 180 is a Schengen rule and Ireland is NOT a member of Schengen:

"As Ireland is not a party to the Schengen Agreement, Irish citizens must present a passport when entering other EU Member States. Similarly, all EU citizens entering Ireland will be required to present a passport or a valid national identity card."

https://ec.europa.eu/ireland/node/586_en

So whether having to comply with EU Schengen rules, or Spanish residency law, a record of the OP's entry and exit to Spain will be made from their passport.

Kind regards, 

Kim

omg. i give up. 90/180 is only applicable to non EU countries. anyone who can read can find that out from Schengen border code. cheerio. i have better things to do than trying to persuade people that 2+2=4