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Staying over 90 days with Irish passport

Posted: Mon Feb 6, 2023 12:38pm
32 replies1079 views8 members subscribed
mack

mack

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Hi all

 My wife has a Irish passport my self a  uk   one . As my wife can stay over the 90 days does that mean I need to come home after 90 days or can I piggyback on hers 

Thanks in advance  

Lefty

Posted: Mon Feb 6, 2023 1:21pm

Lefty

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Posted: Mon Feb 6, 2023 1:21pm

As far as I am aware you can stay with your wife, I believe you can leave the country after 90 days for 1 day then return and the 90 days start again, if you don’t leave I believe that you need to sign on to the foreigners register, you may also need to carry a copy of your marriage certificate for proof, my wife is in the process of applying for an Irish passport so I will be in the same boat as you so I will follow this topic with interest 😃

Ann212

Posted: Mon Feb 6, 2023 2:22pm

Ann212

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Posted: Mon Feb 6, 2023 2:22pm

Is that some new rule? Can you post me more details? The last I read, it is 90 days for everybody and then you need to become a resident. European or not. 

tebo53

Posted: Mon Feb 6, 2023 2:27pm

tebo53

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Posted: Mon Feb 6, 2023 2:27pm

mack wrote on Mon Feb 6, 2023 12:38pm:

Hi all

 My wife has a Irish passport my self a  uk   one . As my wife can stay over the 90 days does that mean I need to come home after 90 days or can I piggyback on hers 

Thanks in advance  

Your wife cannot stay in Spain over 90 days even with an Irish passport. If she intends to stay more than 3 months she has to sign on the foreigners register at the national police station within the first 3 months of arrival in Spain. 

If she signs the foreigners register she will need to prove an income and healthcare.  You can then piggyback on her application for residency. 

All EU citizens wanting to settle in Spain have to sign the foreigners register within 3 months of arrival. 

All information here:

https://administracion.gob.es/pag_Home/en/Tu-espacio-europeo/derechos-obligaciones/ciudadanos/residencia/obtencion-residencia/inscribirte-residente.html

Steve 

PeterPan

Posted: Mon Feb 6, 2023 2:27pm

PeterPan

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Posted: Mon Feb 6, 2023 2:27pm

mack wrote on Mon Feb 6, 2023 12:38pm:

Hi all

 My wife has a Irish passport my self a  uk   one . As my wife can stay over the 90 days does that mean I need to come home after 90 days or can I piggyback on hers 

Thanks in advance  

Legally your wife cannot stay longer than 90 days in Spain without applying for residency (signing on the foreigners register). In order to get residency she will have to have private health cover (or S1 if of state retirement age) and be able to prove she has sufficient funds (1XPREM). Once she is resident you can apply under far easier terms than applying on your own.

TBH she is unlikely to be caught out for overstaying, this also used to be the same for UK passport holders. This rule hasn't changed since Brexit and covers all EU & 3rd country visitors.

https://www.google.com/url?sa=t&source=web&rct=j&url=https://upsticks.es/residency-in-spain-for-irish-passport-holders-all-you-need-to-know/amp/&ved=2ahUKEwiTjfjz0MH6AhUXhM4BHYFdCZEQFnoECDAQAQ&usg=AOvVaw0y_dfIVYU18UG41519tZNQ

You, as a UK passport holder, will still get you passport stamped on arrival & departure. This is OK while travelling with your wife but could be awkward if you have to travel without her due to some emergency.

EDIT....Just seen Steve's response but we leave mine here.

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mack

Posted: Mon Feb 6, 2023 4:27pm

mack

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Posted: Mon Feb 6, 2023 4:27pm

Thanks all for replying.  So after the 90 days and we come home how long before we are allowed to come back to holiday home   .we were thinking of doing 90 days in spain 90  home but coming over again after 2 months home would be ideal and do we need any documents to cover this  

 thanks in advance 

jack1959

Posted: Mon Feb 6, 2023 7:23pm

jack1959

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Posted: Mon Feb 6, 2023 7:23pm

mack wrote on Mon Feb 6, 2023 4:27pm:

Thanks all for replying.  So after the 90 days and we come home how long before we are allowed to come back to holiday home   .we were thinking of doing 90 days in spain 90  home but coming over again after 2 months home would be ideal and do we need any documents to cover thi...

...s  

 thanks in advance 

you can leave for 1 day and return no more than183 days in a year or taxes are due

Lefty

Posted: Mon Feb 6, 2023 7:46pm

Lefty

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Posted: Mon Feb 6, 2023 7:46pm

jack1959 wrote on Mon Feb 6, 2023 7:23pm:

you can leave for 1 day and return no more than183 days in a year or taxes are due

I read that yesterday that you could nip over to Gibraltar for 24 hours or go to your home country for a short break, it was called a legal loop hole but once you have been in Spain for 183 days I believe you become a fiscal tax resident of Spain, I don’t know how long before they close the loop hole though

ErikG

Posted: Wed Feb 8, 2023 2:29pm

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Posted: Wed Feb 8, 2023 2:29pm

I am looking for opinions on how it is to live on Costa Blanca in the winter... where is the best miroclimate?

Bee2

Posted: Fri Feb 10, 2023 11:36pm

Bee2

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Posted: Fri Feb 10, 2023 11:36pm

I dunno people quote all these rules and regulations when in fact it is quite simple

"Citizens who are EU nationals (you hold an EU Passport)  can travel within the area visa-free and with no restrictions on the amount of time they spend in each country. Non-EEA nationals can travel to Schengen without a visa, but they cannot stay for longer than 90 days in 180"  That quote is from Costa Luz Lawyers and  the EU 

https://european-union.europa.eu/live-work-study/travelling-eu_en#:~:text=Your%20rights%20%26%20EU%20rules,the%20need%20for%20border%20checks.

The only difference for EU countries not in Schengen is we have To Show our passport.  Show. It is not stamped or recorded.

So come and go as you wish on your Irish Passport  as a citizen of the EU as we have always done. There are no bean counters watching you and recording your 90 days as an EU citizen. 

To answer your original question read the reply contained in this link 

https://www.spanishpropertyinsight.com/2021/04/14/brits-married-to-eu-citizens/

Bee


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