Advice for citizen from Southern Ireland

Hi Austin,

As an Irish national, you are still an EU citizen.  This means that, if you plan to stay more than 90 days in Spain, you should register as a foreigner (extranjero) in Spain.  Many EU citizens don't do this if they are not planning to exceed 182 days in Spain, but you would be failing to comply with Spain's residency laws if you don't register.  

If you spend 183 days or more per year in Spain (the days don't need to be consecutive), this is the point at which you become tax resident in Spain.  

For the first 5 years, your residency would be classed as "temporary" and once you've lived here permanently for 5 years, you achieve "Residencia Permanente".  However, it's worth noting that if you apply for residency and then leave Spain for more than 182 days in any of the first 5 years, your residency becomes void.

Your ability to access the Spanish state healthcare system will depend on your retirement age and whether, as an Irish citizen, you are able to apply for a Form S1 from your Social Security Or Overseas Healthcare office, which would allow you to use the Spanish health system on the same basis as Spanish nationals, but funded by your country of origin.

Kind regards,

Kim

Hi Kim

Very many thanks for your clear and concise reply.

Just one further question, is the residency that you refer to the same as the residency that UK citizens are now required to have.

Hi Austin,

The short answer is No.  But a more detailed explanation is:

Yes, your residency as an EU citizen is the same as the residency that I obtained 4 years ago, when UK citizens were still members of the EU;

and,

No, the residency that UK citizens have to apply for now, since becoming Third Country Nationals on 1 January 2021, is via Spain's various residency visas and permits, which is not the route to residency you would need to take.

The requirements for obtaining residency as a Third Country National are much more arduous than they are for you as an EU citizen.

Kind regards,

Kim

As an Irish citizen you can freely settle and work like any other Spaniard and/or EU citizen. All you need is a NIE for legal matters. If you still in Eire get this NIE from your nearest Spanish consulate.

Hi Austin, No, as an EU/ Irish citizen you have full first tier rights. UK nationals no longer have access to this and now have extra hoops to go through and more proof of funds to apply etc. Basically, ruling out all but those with a healthy budget.

Hi Killjoy,

When you say that Austin can "freely settle and work" in Spain, it sounds like you're suggesting that he doesn't need to do anything  beyond getting an NIE.  Yet you must know that if he plans to live here for more than 90 days, he needs to apply for residency?

Regards,

Kim

My understanding is you can't freely work and settle in Spain without applying for residency after 90 days as any EU citizen.

The 90-180 day rule applies to all EU citizens.

Hi

Forgive me for my ignorance but can you tell me exactly what constitutes residency in Spain for a Republic of Ireland citizen.

And is this in addition to a NIE certificate.

Yes. 

If you stay for more than 182 day in a calendar year, then you will be regarded as residing in Spain and be expected to apply to take up that residency formally and pay your taxes to Spain and not Ireland. 

It's a bueracratic process but fairly straightforward.