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What are the CURRENT rules of permitted length of stay in Spain for UK Citizens who also Spanish have NIE status, and are also registered on the Padron. Please give simple visitation regulations.
At present (Pre- Brexit) Non Residents can stay up to 6 months accumulative in any one year. Padron not needed for NR's but some councils encourage Non Residents to sign on.
If on the Padron then you should also have signed the Form List. This would then show that you are staying in excess of 90 days.
If you have not signed, then you should not be on the Padron and you should not stay in Spain in excess of 90 consecutive days.
After 183 days (cumulative, not consecutive) in any one year in Spain you are automatically considered to be a tax resident, the only way to avoid this is to spend less than this time in the country.
Relyat wrote on Sun Apr 14, 2019 12:28pm:
If on the Padron then you should also have signed the Form List. This would then show that you are staying in excess of 90 days.
If you have not signed, then you should not be on the Padron and you should not stay in Spain in excess of 90 consecutive days.
Read more...
After 183 days (cumulative, not consecutive) in any one year in Spain you are automatically considered to be a tax resident, the only way to avoid this is to spend less than this time in the country.
Non Residents can stay maximum of 183 days a year....after that they are classed as Tax Resident in Spain and should have claimed Residencia. (Usually by 3 months of living in Spain)
The Padron in theory is for Residents living in Spain so the council know how many they can get funding for.
OK, the NIE is simply an identification number which will link to many transactions such as buying a home, paying non-resident's tax and getting a job. It confers no rights at all re living or visiting Spain over and above anyone who doesn't have one.
You need to get yourself off the Padron as it is a list of permanent residents only. As other posters have mentioned, some towns will overlook the rules in order to get more funding but it is illegal and large fines have been handed down to Town Halls for having non residents listed. It may also muck up your tax status as if, according to the Padron, you are resident in Spain, then your tax is due to be paid in Spain. Have a look at this article I found, http://cervantesalarcon.com/en/2017/10/25/why-non-residents-shouldnt-be-on-the-padron/
You can stay in Spain for 90 days without a visa (temporary ones are available for long stays) and after 183 days a year, you become a tax resident (Fiscal), whether you want to, or not, and the tax year here runs from 1st January.
As a current EU member
you can stay for 90 days (3 months) over a period of 180 days (6 months). This 180 day rule is set up to prevent people from entering a non-Schengen state for a few days to get an easy visa renewal.
The 90-day period starts upon the first entry into any country that is part of the Schengen Area.
Additionally, the 90 days are cumulative and apply to travel within all countries of the Schengen Area.
Sorry about the layout, copied and pasted!
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How do you get on the padron list
After having signed on the Foreigners List you then go to your local town hall and register
Thank you
Posted: Sat Apr 27, 2019 3:19pm
Very helpful member
Cheryl wrote on Sun Apr 14, 2019 1:53pm:
OK, the NIE is simply an identification number which will link to many transactions such as buying a home, paying non-resident's tax and getting a job. It confers no rights at all re living or visiting Spain over and above anyone who doesn't have one.
You need to get yourself off the Padron as...Read more...
... it is a list of permanent residents only. As other posters have mentioned, some towns will overlook the rules in order to get more funding but it is illegal and large fines have been handed down to Town Halls for having non residents listed. It may also muck up your tax status as if, according to the Padron, you are resident in Spain, then your tax is due to be paid in Spain. Have a look at this article I found, http://cervantesalarcon.com/en/2017/10/25/why-non-residents-shouldnt-be-on-the-padron/
You can stay in Spain for 90 days without a visa (temporary ones are available for long stays) and after 183 days a year, you become a tax resident (Fiscal), whether you want to, or not, and the tax year here runs from 1st January.
As a current EU member
you can stay for 90 days (3 months) over a period of 180 days (6 months). This 180 day rule is set up to prevent people from entering a non-Schengen state for a few days to get an easy visa renewal.
The 90-day period starts upon the first entry into any country that is part of the Schengen Area.
Additionally, the 90 days are cumulative and apply to travel within all countries of the Schengen Area.
Sorry about the layout, copied and pasted!
Cheryl et al
Do we know how this is monitored / policed?
I am thinking that similiar rules appear to apply when the UK ever leaves the EU, 90 in 180 days is what is currently written according to the Gov.UK website.
So, suppose someone has arrived in the Schengen, post brexit, Jan 1st. They stay 6 months, depart and return after say a week or so. Will they be stopped at the airport or border crossing or will it just be a case of 'if they catch up with you' ?
I know its all hypothetical but it what I am constantly being asked at the moment and I have no idea myself!
This is what I've found; https://www.schengenvisainfo.com/news/consequences-of-overstaying-in-schengen-area/
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