Form SE1 Residencia - Page 5

Denise, I know exactly what you want to do but you have to accept it, you cant. There are no specific dates for your 180days, it starts on the day of entry into Spain. So if you stay 90days in 1 go you must return home to fulfill the rest of the 90days out of the 180days not in the country. If you try to extend your stay you are not only illegal but could face heavy fines, deporting and worse barring you from re-entering for a long period. This does happen! You could apply for residencia immediately after staying 90days and would have proof of application so those things would not happen until residencia completes, but that is the only way to stay legal over 90days. Oct -Dec, is the first 90 days out of your 180day period, so you must go home for further 90days from the date you entered Spain in October, you cant run them together. Then after 90days out, return anytime to suit you but remember if you want to return Oct - Dec dont pay a visit within 90days of your October date as that entry date will start a fresh 180days and ruin your ability to stay later. I totally get it and it needs careful timing to get out of it what you need, but so sorry, like myself you cant stay more than 90days continuous without residencia. I,m doing Mar-Jun and Sept-Dec, cos I want summer stays, will lose out 3mnths of heat but rest is ok.😢😢😢

Pauline

Thank you  very much for your time to reply and when I have contacted them I will post the reply.

Kim I have read that many info statements I feel dizzy. Having read your last reply and then the same statement from the link you provided, I am now totally confused re:-"visits to the Shengen area within the previous 180days of your travel date count towards the 90days." Does this mean if you have visited 90days in 1go in the first 90days of the previous 180days then you cant visit any further until you have 180days clear out of the area?. I really thought I had it sussed, 90days in 90 days out, 90 more in 90 days out ie 90 days per 180 days. On reading your statement and from the link it seems if the 90 days you were in during the last 180days stops you from returning until 180days without any visit occurring. What if a person split their days up 6wks in 6wks out then repeated again until 90 days accrued in Spain then again after staying out 6wks a return again could be made as the initial 6wks would have dropped off the previous 180days. I,m now almost in tears thinking if I want to spend 90days in then 180days out, then its 90days in 9mnths before another long stay. I have looked at the incomes required for non lucrative visas but we will never have the income required and now wish I,d not listened to everyone who told me not to put in for residency until it meant total time residency and its too late now. I look forward to your interpretation.

Pauline.

Hi Pauline 

I hope it isn’t too late..

If there is a delay in brexit until Dec 2020 then I think we will have until then to do reaidencia.  

Denise, that was agreed if a deal was done, I,m not so sure we,re going to get a deal. If you read my last reply to Kim, I,m even more confused, thought I had it sussed even if we never became residents ever. If you re-read that phrase, "any days taken in Shengen area(Spain and France) during previous 180days counts towards the 90 days from next date of travel." ie.  Stay for 90days but have to leave for180days not 90 as first understood to enable another 90day stay, so only 90days away in 9mnths(Christ to think what we,ve been through over 12 yrs to get to this). I feel so depressed. We dont get 35,000€ income for nonEu residencia or nonEu non lucrative visa so where we stand God knows. I wish it would just stop and Govt drop it. Are you going to contact consulate? Please let me know the outcome if you do.

😢let’s keep praying x

Hi Pauline

Should we get residencia at some point,  doesn’t this mean that on our returns to the uk that as spanish.  Residence we would not be entitled to NHS healthcare I believe that we may have to wait six months before we can re-access it back in the UK I’m not sure of the details do you know anything ?

Kim, I,m sorry if I confused you, I didnt think my question was confusing but the clause it comes from is confusing to me, and my stating"total residency" was meant to explain the time when we were committing to live in Spain full time with no other home elsewhere as full Spanish residents.(such as yourself).

The clause I,m referring to which is giving me trepidation is " visits to the Shengen area within the previous 180days count towards your 90days from your date of entry". This is in the shengen rules which Ray put a link to and also in your reply and your link to it. If a person has already visited 90 days within the previous 180 days, if counted towards your 90days permissable then unless you have 180days clear from the next date to travel that person could not visit at all. Shengen rules describe the 180days are rolling so my interpretation reading it over and over again describes a need for a clear 180days before travelling again for a 90day stay, therefore after staying 90days, out for 90 would not allow another return of 90days until previous 180days has no visits in it. Effectively this means only visiting for a 90day period in 240days. I do appreciate if a person broke up their visits to shorter petiods it would be easier as the period out would move the 180day period onwards quicker so for e.g. spend 6wks in, out 6wks, repeat etc, then in some cases a 90day period out would be required to allow first 6wk visit to pass before returning. Pensioners might find the shorter stays somewhat expensive to do, and more likely want longer stays.I do hope someone can clarify this, as "rolling on" is not the same as a new 180day period.  HELP someone clarify. As Eu commission states no future visa required for Uk citizens visiting Spain even with no deal, but must obey the 90days in 180day ruling. Will they also apply the same rolling period as the Shengen rule?

Pauline.

Denise I had replied quite lengthy to you earlier but I revisited a previous reply and lost the reply I had been writing so decided to answer Kim,s reply to me instead. I am honestly no clearer regarding the "rolling over" 180day period. I dont know if you can make better headway. As far as applying for a longer stay visa, I havent investigated thoroughly yet. As far as healthcare, it seems we will still get full treatment not on a Drs list, but presciptions not covered but I would need to check personally with my Dr as I take 4 medicines not available without prescription so unlike Spain where I,ve bought them over the counter in farmacia, not possible here. My stumbling block re residency now, was our intentions to take cars to Spain and a van several times. As a Spanish resident we could not drive in Spain a UK vehicle. Its illegal and driving in Uk as a spanish resident again not easily possible. I am hoping you can get clarity in the 90days in 180day period, maybe giving consulate a ring as I interpret it differrent now due to its wording. I am worried if I want a long stay of 90days then I have to have previous 180days with no visit before I can do it again that means 90days in and 180days out not 90days as first thought(literally 90day stay in 9mnths each time, not 6mnths as I first thought). Read the Shengen rules re 180days and you see if you interpret it the same.The "rolling period" is the clause thats worrying.

Pauline.

Thanks Ray, thankfully I do understand your points, inbedded in my brain is 90+days requires residency and I do understand Spain is not the only area that counts in Shengen areas. Please Ray, can you give me clarity regarding the clause Kim outlined, its also in your last link re. how Shengen rules are perceived regarding 90days in 180days. I,ve read it lots of times and to me it seems theres no beginning or end to the 180days period, it rolls over, and to travel on any date you must not have stayed upto 90 days in previous 180days so its not an easy 90days in 90days out as going back 180days from intended travel date, a stay of 90days in first 90days of  past 180days means you,ve reached the limit. Therefore 6mnths unvisited would be required. Please accept I am not trying to avoid residencia like all the illegal under radar people. If I could I,d be a resident in a heartbeat. There must have been a time in your early plans to move to Spain when if you were told NOW become a resident , you couldnt have done it then thats where we are. I can accept a 90day visit twice in a year not continuous as Denise wants but 90days in 240days is a bitter pill to swallow.

Pauline.