Residencia for stays between 3 to 6 months per year? - Page 2

Maybe that's your problem you don't read too well,  you clearly didn't read what the OP was actually asking that's for sure, anyhow seeing as your going nos vemos fella.

Kush 🌺

Thanks for the comments everyone. 

@Despegue - There is a difference between residency and tax residency. My understanding (and as others have mentioned) is that everyone should ordinarily apply for residency if they spend more than 3 months living in Spain, but you don't become tax resident unless you stay more than 6 months (183 days). I believe therefore it is possible to be a legal resident without being tax resident, and thus still benefit from extended stays and also free movement throughout the EU.

The right to move freely in the Schengen area is a right not only for over half a billion European citizens but also for all third-country nationals who are legally present in the Schengen area. Foreign citizens residing in the area enjoy this right, without needing visas, as long as their residence permit is valid. https://www.consilium.europa.eu/media/37791/20177547_qc0717127enn_pdf.pdf

@RayD - Have you read anything about whether there is a minimum stay requirement for people who hold a residency and wish to renew? Could you get residency and then just spend a few months a year in Spain in some years?

Hello Pmuk,

There is indeed a difference between Residency and Tax residency, but all the rules quoted are for NON EU citizens. As an EU resident you do not need to apply or bother with asking residency if you stay less than 183 days per year in Spain and leave the territory once every 90 days. 

The 90 days rule for EU citizens is moot anyhow as I wrote before, any crossing of the border will reset this, and within Schengen, this is not checked anyhow. Mind you, once again, this is only valid for EU residents, not for third-country citizens, but also on e again, so far, British comply with EU resident regulations until at least 31/12/20, after which no decisions have been made yet.

There is lots of criticism on my postings here, but I can assure you that what I am writing is legal and used by most if not nearly all EU residents who are often abroad for work or also leisure. I am more than 90 days in Spain per year, but I am NOT required to apply for Residencia as EU resident, if I just “officially” set foot in a different country , Schengen or not. Only if you are from a third-country, this is a requirement and often also one of the visa restrictions ( example, multi-entry Schengen visa). 

As a World traveller due to my job, I am very well aware of the regulations but also the little tricks to make travel and compliance as simple as possible.

The sheer arrogance of some here is mindblowing. They have no clue, have never travelled for a living and are insisting on regulations that do NOT apply to EU residents. They are also unwilling to accept legal solutions to problems. Sad really as Residency for spending less than 183 days in another EU country is nothing to worry about in the EU as long as you are already a EU resident, no matter what some shouters are claiming on this forum.

By the way, say you do stay longer than 90 days IN A ROW in Spain, and the Spanish authorities can somehow check this ( they will not in reality as they do not care one bit), you are NOT in trouble. You are not at risk of being illegal and being deported, it is not the Capital crime that some here on this forum pretend it to be, it merely might mean you have a fine that can be no more that a corresponding administrative fine for Spanish citizens that forgot to keep a document valid. ( once again, EU-law)

Now, I would like to add one thing, and this is probably the main reason why some here are shouting about immoral and illegal blablabla. Funds attributed to Spanish towns depend on the amount of Residents amongst other things. There's indeed an issue in some areas where people are living already for years, often continuously the whole year and not register. That is indeed an issue, but that is also not really applicable to you. 

Now, according to EU law, you actually can be resident in 2 countries. ( but you can only be tax-resident in one), in reality though, this is not encouraged and not really practiced as it complicates things regarding social security, insurances etc etc... just keep things simple and be resident in the country of your vital interest, as the EU prescribes.

Enjoy your worryfree stay in Spain. 

I too am cnfused. You are probably right about EU to EU travel but the Brexit thing you may have heard about - I think that makes non-residents 3rd country people thus the same as an Australian, American or Indian?  You must have been aware this is a British forum of ex-pats in Spain with various levels of status? The 3rd country status will probably apply on full exit unless a rabbit is pulledfrom the hat and Brits are given special travel arrangements but I doubt this will happen as it looks like we are heading for a hard Brexit.

Ray do you know how long Brits will need to LEAVE Spain for is, say, they stay for 2 months? If I stay for 2 months and return to the UK how long do I need to wait until I can return to Spain - are you saying it is 6 months or is it all added up from the first time I fly to Spain and the one year time begins from there? Thus I can make 5 trips to Spain and so long they tally up to no more than 6 months in a rolling year then there is n mandatory time to stay out? Or am I reading this wrong which it feels like lol

@Solseeker This site has some useful information: https://sites.google.com/view/180daysvisafree/home/180-days-visa-free-travel 

They are campaigning to get 180 days per year (like the UK has offered EU citizens) rather than 90 days in a rolling 180 day window in the Brexit negotiations. This would give much more flexibility for second home owners. I've written to my MP make them aware and ask them to lobby the UK government. 

Hi SolSeeker - my understanding is that once you enter the Schengen zone (which includes Spain),  within the next 183 days you are restricted to being in that zone for a total of 90 days. 
For arguments sake, if you land on 1st Jan, your 183 days expires on 3rd July

If you return home after 2 months (60days) you will then have a balance of 30 days - which you can use up until the 3rd July - in whichever denomination you choose. However, once you reach the cumulative 90 days, you must leave the Schengen zone-  and this has to be before your 183rd day of July 3rd.

Now after this, I am still confused as to whether you can then take another combined 90 days on the next 183 day period, starting on the 4th July - which I think you can - but somebody on here should be able to clarify.

You could in effect, book a return flight from Spain to the UK on 3rd July, fly back to Spain on the 4th, and then start another 90 day stay... Savvy people will be able to orchestrate a near 6 month stay if they add on the second block of 90 days onto the latter 88days from their first block- with only the flight separation in between acting as the end of block 1, and start of block 2 ?!...

As I said above, I’m sure somebody will clarify, or even correct my understanding of this!!

Hi Ray

My thoughts were that it is 183 days, but if its 180 days then i stand corrected!

Thanks. It is totally confusing so I assume nothing is formally announced as the 180 day visas are not yet set in stone -pending negotiations so I think Ray might be wrong or right depending on what's next......(I don't know what difference the Schengen Zone will make to UK citizens in this context??)

This is what I found:

After the transition period ends there will be limits to how long UK citizens can spend at a time in the EU, even if they are not working there.

This is one of the things that is yet to be agreed, but it has been suggested that the 90 day rule - in which you can only spend 90 days out of every 180 in the EU without getting a long-stay visa - could apply. This would be the same as the rules already applied to other non EU citizens like Americans and Australians.

  If you arrive in Spain before the end of the implementation (also known as transition) period, you will be able to register as resident in Spain under the current rules, and will have your right to residence in Spain protected for as long as you remain resident.

I'm now seeing various postings elsewhere that say there is no need to pay an agency to convert your Residencia to a TIE as your Residencia will remain valid.

Anyone else hearing this?

Steve