Length of stay coming from NI - Page 6

Alfapash wrote on Wed Jun 2, 2021 2:42pm:

Stan you are correct. Things are much harder.

An Irish passport holder is still out of Schengen Zone as was the UK. Eire is still an EU member state but they are not in the Schengen zone. They choose staying with the UK/Eire free movement agrement, which is outside the EU schengen agreement. Not every EU state is signed up to it and the rule...

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... has been very laxed.

There is even an EU schengen travel calculator. Why would there be such a thing if the rule didn't exist? The 90/day stay in 180 days is in force since the 1st of January 2021for UK citizens. The 90/180 day rule is NOT 90 days in Spain and then move onto France for another 90 days and so on. It is 90 days in the EU in total.

Some people don't seem able to accept the facts. Eire citizens maybe able to stay longer but not really under strict schengen rules as they are not signed up to it. The Spanish in the past didn't care as the UK was a member state and they like the extra finances coming into their country.

Now our UK passports are stamped in and out. The only way round it is to apply for a longer stay visa. We also now need international driving permits for each EU country you visit, before this was not necessary. Things are different that is for certain. I still know several people living in Spain without their residencia. What will happen when they need to go out of the country ??? There will be problems for sure.

oadbyman wrote on Wed Jun 2, 2021 4:27pm:

Alfapash

You seem to be confusing Freedom of Movement with the Schengen Area, you state the rules were lax but this is not true where the Schengen area is concerned, residency and taxation rules were flouted by a lot of UK citizens the ones that did not get residency after 6 months in Spain, and I assume ...

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...similar in other countries.

All EU citizens have the right to Freedom of Movement, that applies to the EU both inside and outside the Schengen area.

The Schengen area has rules that apply to no EU citizens, like holders of Australian, UK  and USA passport giving free entry for 90 days in any 180 rolling day period, this does not apply to any EU citizen, or their family as defined in the law.

Alfapash wrote on Wed Jun 2, 2021 5:06pm:

A Schengen visa obtained by any of the Schengen Area member countries allows free movement to its holder within the whole Schengen Zone regarding the European Union Schengen members as well as the EFTA Schengen members, up to its validity and period limitations.

According to the type of visa issued by the certain embassy/consulate of any Schengen country there are different restrictions that apply to the particular visa in accordance to the nature of travelling and other relevant circumstances....

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...

Uniform Schengen Visas (USV)

The Uniform Schengen Visa stands for a permit of one of the Schengen Area Member Countries to transit or reside in the desired territory for a certain period of time up to the maximum of 90 days every six month period starting from the date of entry.

Holder of a Uniform Schengen Visa can travel to these countries: Austria, Belgium, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, the Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, and Switzerland.

Alan mac wrote on Wed Jun 2, 2021 5:38pm:

Hi this is interesting can you explain how one obtains such a visa ie who issues it?

Alfapash wrote on Wed Jun 2, 2021 5:06pm:

A Schengen visa obtained by any of the Schengen Area member countries allows free movement to its holder within the whole Schengen Zone regarding the European Union Schengen members as well as the EFTA Schengen members, up to its validity and period limitations.

According to the type of visa issued by the certain embassy/consulate of any Schengen country there are different restrictions that apply to the particular visa in accordance to the nature of travelling and other relevant circumstances....

Read more...

...

Uniform Schengen Visas (USV)

The Uniform Schengen Visa stands for a permit of one of the Schengen Area Member Countries to transit or reside in the desired territory for a certain period of time up to the maximum of 90 days every six month period starting from the date of entry.

Holder of a Uniform Schengen Visa can travel to these countries: Austria, Belgium, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, the Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, and Switzerland.

oadbyman wrote on Wed Jun 2, 2021 5:48pm:

Non of this applies to any EU citizen, they have Fredom of Movement.

Stan Bartolome wrote on Wed Jun 2, 2021 5:51pm:

I'm not sure that's correct.

If we'd decided to move to Spain permanently back when we were in the EU, my understanding is, we'd have had to apply for Residencia if our intention was to remain in the country beyond the 90 day Schengen limit, ie effectively take up Residencia in lieu of a visa.

Stan Bartolome wrote on Wed Jun 2, 2021 5:51pm:

I'm not sure that's correct.

If we'd decided to move to Spain permanently back when we were in the EU, my understanding is, we'd have had to apply for Residencia if our intention was to remain in the country beyond the 90 day Schengen limit, ie effectively take up Residencia in lieu of a visa.

Alfapash wrote on Wed Jun 2, 2021 6:15pm:

Stan you are right.

Its applies to anyone from another country that is not a member of Schengen Zone country's or EFTA signed up members to Schegen. The UK and Eire were/are not members of Schegen and never signed up to Free movement. That is what Schengen is all about no borders to nationals from within the zone. O...

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...therwise what is the point of it.

Therefore the 90/180 day rule applies to all nationals from other countries. If you want to live/stay in Spain, France etc you have to obtain your residencia /residency, otherwise legally you should only stay for 90 days which starts on the day you arrive.

The tax requirement is after you reside in Spain for over 181 days then you must register for tax and in most country's that means tax on you world wide assets and income. The main reason why many Brits did not go for Spanish residencia. When that came into being 1000's fell off the Padron lists and went under the radar.