Form SE1 Residencia - Page 4

Ray, I read the links and nowhere does it say 3mnths in a "year." I have always believed and been told, residency is a must if staying in Spain longer than 3mnths in 1 visit as that implies you are wishing to reside permanently. If you are trying to say a non resident is only allowed to visit a maximum of 3mnths ever, then why is the shengen rule the 90 days in 180 days. Those links state"staying longer than 3mnths", in what timeframe? I do not accept holiday makers, nonresident homeowners, can only ever stay upto 3months ever!. Of course its if the stay goes over 3mnths in 1 go but upto now as in EU free movement any stays upto 90 days as many times in a year are possible, and I dont consider anyone including myself is doing anything wrong. Obviously you think the people who come and go under 3 mnth stays have been,acting illegally. I believe the people who have stayed over 3mnths continuously and wholly lived in Spain under the radar are the illegal immigrants.

To add to what Ray's said, a Schengen visa (if that is necessary post-Brexit) allows someone to stay (not reside) in a Schengen country for up to 90 days in any six months period. The 90 days maximum can be comprised of an uninterrupted stay, or several visits.

On a quick look at the legislation related to visitors, it refers to stays of up to three months in a period of six months. There is no mention of whether or not that 'up to three months' has to be continuous. In the absence of any restrictive wording, I'd argue that it could be made up of several visits.

As I understood it,  you can spend 6 months without being resident

But  only 3 months at one time ? And in any 6 month period ?

Denise 

So what is your opinion on how the year is broken down or considered

Ie could

Someone spend Jan Feb mar as 3

Months then return for Oct nov Dec as

The second lot of 3 months ?

Or as following December we would be back to January 

Meaning the jan Feb mar would be 3 months 

Continuing from Oct

Nov Dec !!! ?

No. Three months and you have to apply for residency.

No. It doesn't work on calendar years. You're stating six consecutive months, which means applying for residency.

So we

Have bought a property in Spain that without giving up our uk residency we are really only allowed depending on post briexit desisons to spend 3 months of the year at ? 

What I am trying to find out is 

Could

Our 6 months consist of two lots

Of 90 days as Jan Feb mar

Then return Oct nov Dec ?

Then back again for jan Feb mar

And so on the following year

Or

Would that pose a

Problem with December ie the end period of second batch of 90 days ...

Butting up to Jan Feb mar in the next year so if they year did not run fresh from jan onwards this would

Look like 6 months as it may appear to be Oct nov Dec Jan Feb mar !! 

Sorry if this sound s muddly,  only want to know as that was our original plan ie Jan to March Oct to Dec in Spain ? 

I've already answered your question. You're talking six consecutive months, which means you have to apply for residency.

But you get two lots of 90 days ie 180 days in one year ?