My name's Alex and this is my website all about Torrevieja in Spain. Register now for free to talk about General Torrevieja discussion and much more!
oadbyman wrote on Wed Jun 2, 2021 6:43pm:
Stan, the difference is that you in your example did not want FoM, you wanted to be resident two different things that seem to be getting mixed up, you are correct if you stay over 6 months in Spain you become a tax resident, in the past UK citizens if they stayed over 3 months, in the next ...
Read more...
...three months you should have applied for residencia.
This does not stop you being able to travel in the EU, all of it under Freedom of Movement, you can stay in a country up to the time they require you to register, (in Spain it is at the 6month point, and then move on to another country, the rules allow this.
There are many different Laws in different EU countries but as an EU citizen the 90/180 day rule does not apply as if it did then it would breach the requirement for EU citizens to have Freedom of movement, FoM is a right and the Schengen area does not remove this right.
Thanks for the clarification.
It's a subtle point but it makes perfect sense now.
Basically, in a nutshell, formerly as EU nationals, we either had to seek Residencia after 6 months or move to another EU state & effectively reset the clock.
So this could have been France, Germany, Portugal, UK, etc...but the main point is we could not have legally stayed in Spain without having to become legally tax resident.
Now though, as 3rd country nationals, we no longer have that option & are bound by the 90/180 rule which effectively doesn't differentiate between EU states so we can no longer "reset the clock" in another European country & have to clear off out of the Schengen Zone entirely.
I thought I understood it before but was just missing that last (& vitally important) bit which, as you explain, differentiates between FoM & Right To Reside.
Cheers.
