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Length of stay coming from NI

Posted: Sat Feb 20, 2021 10:16am
35 replies1809 views16 members subscribed
Grannyrose

Grannyrose

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It’s only now really sinking in. I’ve already booked several flights to see me through the year but suddenly I have begun counting and see that if I visit from Easter, I can stay periodically until June. Then I must not return until October and permitted to stay anytime up to the end of December. The winter months when I enjoy being inSpain will not be permitted and I must wait until April to return.

Now, here’s the thing. I live in NI and with an Irish passport may visit anytime I fancy as long as I don’t stay any longer than  180days in any year , is this correct?  Having 2 passports could allow me to visit for360 days!  Can’t be true but surly a possibility.   I read that the Valencian government would like to change the 90 day rule and allow tourists to come and go as previously so hope they implement this sooner rather than later. 

aitchc1401

Posted: Sat Feb 20, 2021 11:10am

aitchc1401

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Posted: Sat Feb 20, 2021 11:10am

Hi Grannyrose, 

             the rule is you can stay for a maximum of 90 days in any 180 days. That is a rolling 180 days and starts when you first enter a country in the Schengen area, not just Spain. 

  If you have a passport from Eire rather than NI the 90 day rule does not apply as Eire is in the EU, the 90 day rule only applies to passport holders from third countries such as the UK.

  I have not heard about any extension to the 90 rule being considered by the Valencian government but perhaps others have.

rgds,

Aitch

trotter

Posted: Sat Feb 20, 2021 11:53am

trotter

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Posted: Sat Feb 20, 2021 11:53am

aitchc1401 wrote on Sat Feb 20, 2021 11:10am:

Hi Grannyrose, 

             the rule is you can stay for a maximum of 90 days in any 180 days. That is a rolling 180 days and starts when you first enter a country in the Schengen area, not just Spain. 

  If you have a passport from Eire rather than NI the 90 day rule does not apply as Eire is in the EU, the 90 day rule only applies to passport holders from third countries such as the UK.

  I have not heard about any extension to the 90 rule being considered by the Valencian government but perhaps others have.

rgds,

Aitch

AFAIK 

The 90/180 rule also applies to residents of Eire but may not be enforced, similar to the UK position prior to Brexit.

BeniSnowbird

Posted: Sat Feb 20, 2021 12:04pm

BeniSnowbird

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Posted: Sat Feb 20, 2021 12:04pm

Yes, ROI is not a part of Schengen 

aitchc1401

Posted: Sat Feb 20, 2021 1:12pm

aitchc1401

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Posted: Sat Feb 20, 2021 1:12pm

trotter wrote on Sat Feb 20, 2021 11:53am:

AFAIK 

The 90/180 rule also applies to residents of Eire but may not be enforced, similar to the UK position prior to Brexit.

Yes, my post as wrong, the 90 day rue applies to all. Previously this seems to have not been rigorously enforced in Spain for EU countries, not sure if that will change. 

Aitch.

Kelvin1960

Posted: Sat Feb 20, 2021 1:56pm

Kelvin1960

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Posted: Sat Feb 20, 2021 1:56pm

I'm assuming you have a NIE etc ?

So you "exist" in Spain.

So >183 days would make you tax-liable.

Maybe a bit risky to try to pop in and out using 2 different passports

Purple gran

Posted: Sat Feb 20, 2021 5:17pm

Purple gran

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Posted: Sat Feb 20, 2021 5:17pm

Hello Rose, hope you’re keeping well? 

I just googled this and it seems you can leave N.I. using your UK passport, then show your Irish passport when entering and leaving Spain, but your UK passport flying back into N.I.  As Ireland is not a member of Schengen you do have to show a passport, so presumably if flying into/from Dublin you’d use the Irish one.  In Spain with your Irish passport you’d then have all the benefit of being an EU citizen, although in theory you should apply for residence after 90 days.  Your UK passport should save you needing to queue as foreign citizen when travelling from/to Belfast International.  Sometimes one can have ones cake and eat it!

Take care now, and hope to see you soon

E

Davebev1

Posted: Sat Feb 20, 2021 9:16pm

Davebev1

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Posted: Sat Feb 20, 2021 9:16pm

The rule for those in Eire is still max 90 day continuous visit unless applying for residency. The difference between EU citizens and non-EU is that EU citizens can leave Spain for just a weekend and then go back for up to another 90 days. BUT if you stay more than 183 days in any year you become a tax resident regardless and are required to file a return and pay tax in Spain on your worldwide assets. Non-EU citizens can only stay in the entire Schengen zone for a total of 90 days in any consecutive 180 days.

At the moment on an Irish passport you can still get away with overstaying, but next year ETIAS comes into use.

Grannyrose

Posted: Sat Feb 20, 2021 9:54pm

Grannyrose

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Posted: Sat Feb 20, 2021 9:54pm

Thanks everyone!  I’m still non the wiser!  I will hope that my Irish passport allows me the freedom to spend my usual breaks. We’ve never overstayed or lived outside the time permitted   I love being in Spain but I equally love being at home but would like to continue visiting for a couple of weeks at Easter then home and back over for a few weeks before the intense heat gets me!  I had so many flights with easyJet that they awarded me a special customer flight club number which allows me to change flights without incurring a charge which is a huge bonus. Hence the reason I change my flights on a whim!  I’m sure lots of others have this privilege too as some of my friends also have it. 
Anyway, we will see what the future brings and hopefully everything will revert back to normal soon. 

dinnerout

Posted: Sat Feb 20, 2021 9:58pm

dinnerout

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Posted: Sat Feb 20, 2021 9:58pm

Grannyrose wrote on Sat Feb 20, 2021 9:54pm:

Thanks everyone!  I’m still non the wiser!  I will hope that my Irish passport allows me the freedom to spend my usual breaks. We’ve never overstayed or lived outside the time permitted   I love being in Spain but I equally love being at home but would like to continue visiting...

... for a couple of weeks at Easter then home and back over for a few weeks before the intense heat gets me!  I had so many flights with easyJet that they awarded me a special customer flight club number which allows me to change flights without incurring a charge which is a huge bonus. Hence the reason I change my flights on a whim!  I’m sure lots of others have this privilege too as some of my friends also have it. 
Anyway, we will see what the future brings and hopefully everything will revert back to normal soon. 

How can you be none the wiser after reading DaveBevs post above?

It's crystal clear.

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