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Returning to Spain after 90 days

Posted: Thu May 2, 2019 8:20am
8 replies1056 views7 members subscribed
Icwebb

Posts: 5

Joined: 29 Jun 2017

Hi,

I know lots has been written on this topic but for whatever reason it still does not seem clear!
We are exploring a longer term move to the San Juan Alicante region and will have been here for 90 days at the end of June.
I understand all the requirements for registering for NIE and tax liability after 6 months etc but under the current (pre-brexit!) rules I want to clarify if it is possible to leave Spain after 90 days and then return immediately without having to register for an NIE number. We will do that if we stay long term, just trying to avoid the paperwork in the short term!

Any advice appreciated.

Cheers

Ian

Cheryl

Posted: Thu May 2, 2019 10:19am

Cheryl

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Posted: Thu May 2, 2019 10:19am

Hello Ian, I'm not sure you've sussed the NIE, Residency, Schengen area, tax status etc. The NIE is nothing to do with Schengen. The NIE is your all-purpose identification and tax number in Spain. You need it for everything that involves a tramite or official process in Spain. For example, you will need an NIE number to buy a property, buy a car, get connected to the utilities and, most importantly as far as the Spanish state is concerned, pay your taxes.
The Schengen area rules mean you can only stay for 90 days out of 180. This is specifically to stop people leaving the area for a few days and then returning for another 90 days. If you stay here for 90 days, you must spend the next 90 days outside of the Schengen area, so no is the answer to your question. 
I would suggest you read Jim's guides for everything you need to know.

paulsav

Posted: Thu May 2, 2019 11:33am

paulsav

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Posted: Thu May 2, 2019 11:33am

Ian, yes its all very confusing especially when the date of Brexit(if it happens) is still a very grey area. Cheryl explained it perfectly but just to add for this year only, if we get a deal and leave end June then effectively for you if you stay on after June your 90days will start Brexit day and end 90 days later. However you should after initial 90 days have applied for residencia(ie. signed up as strangers). When you leave after 90 days(from June) you couldnt come back for 90 days if you havent got your residencia. If you leave Spain on 90 days from your first visit(ie.now before June) you could return immediately starting a fresh(first time under shengen rules) 90days without you applying for residencia. If I,m correct I think maybe you wish to spend upto 6mnths in total or at least a lot more than 90days, in which case if you dont want residencia then this year only you could leave before or on 90days and return immediately for further 90days after your present stay because your present stay is not under shengen rules. Now if we dont get a deal and leave in October, you can leave after 90days(your present stay) return immediately for further 90 days as neither stay would be under shengen rules. Your stays of 90days is to abide by not applying for residencia, not shengen rules which then will start at end of October.

I do hope this answers your initial question

Regards

Pauline.

Cheryl

Posted: Thu May 2, 2019 12:07pm

Cheryl

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Posted: Thu May 2, 2019 12:07pm

Hi Pauline, on top of all that, few, if any applications for Residency are being processed which is putting a lot of people in a very difficult situation. Another alternative used to be to apply for the long stay visa but I have no idea if these are being processed at the moment either. Such a mess!

Icwebb

Posted: Thu May 2, 2019 12:11pm

Icwebb

Original Poster

Posts: 5

Joined: 29 Jun 2017

Posted: Thu May 2, 2019 12:11pm

Thanks both for the quick replies!

I'm amazed at how confusing it is.

So in short if we get a deal and leave in October for example, I could return to the UK for July and then to Spain for a further 90 days (less than 183 total in the year) without applying for residencia this year?

I think we would likely apply for it next year once we know what is happening with Brexit and we are sure we want to stay but I would just like the option to return after 90 days over the summer if possible!!

Cheers

Ian

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paulsav

Posted: Thu May 2, 2019 1:20pm

paulsav

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Posted: Thu May 2, 2019 1:20pm

This post that was quoted has been deleted.

Hi again Ray

My understanding of residencia (signing on strangers register) is if your stay exceeds 90 days in 1 go not a cumulative 90 days in a year, also non residents didnt need to apply until the 90 days were imminent. I have 4 friends who arrived permanently last year who waited until their 90days were near then applied as per their solicitors instructions. 1 other friend applied immediately on arriving as they knew they were staying permanent but were not told they had to within 30days. Under shengen rules the stay of 90days(as non resident) is within a 180day period, therefore 180days total per 1yr as a non resident. I cant see how 90days cumulative a year can be correct as you have stated. There has been so much discussion on this topic and still much confusion now. You lead me to the Shengen calculator in a previous thread of which I was grateful, and I now understand it but I was not confused regarding stays of 90days before requiring residencia until your present comments, which now leave me again surprised.

Regards

Pauline.

paulsav

Posted: Thu May 2, 2019 6:29pm

paulsav

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Posted: Thu May 2, 2019 6:29pm

This post that was quoted has been deleted.

Yes Pete, so pleased you answered. Nowhere does any official information states 90 days in a year. In fact every report and Ray,s links only state "a stay of 90 days" and never mentions a period. You,re right 90days in 1 day out 90 days back in to avoid residency. However post Brexit, either get residency after 90days or face 90day stay in a 180day period and therefore out for 90days after each 90day stay. 180days per year not just 90. So Ian you are able at present to do as described earlier not withstanding Brexit possibly getting in the way.

Regards

Pauline.

Dlrsantapola

Posted: Thu May 2, 2019 6:51pm

Dlrsantapola

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Posted: Thu May 2, 2019 6:51pm

This post that was quoted has been deleted.

Well said Pete , presice and to the point , simples !!

Icwebb

Posted: Thu May 2, 2019 7:09pm

Icwebb

Original Poster

Posts: 5

Joined: 29 Jun 2017

Posted: Thu May 2, 2019 7:09pm

Thanks all for the replies and advice and again I can't believe how unclear this particular situation is!!

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