Advice for citizen from Southern Ireland - Page 2

The key being where you want to live, if you're in Spain for longer than 182 days you need to apply for Spanish residency. Therefore paying your taxes in Spain. 

If not then remain as a republic of Ireland citizen and travel to and from as many already do with property here. Obviously with the limits on time allowed. 

On the point of NIE, that is an official document allowing you to register and buy items in Spain. (house, car licences, and most official things) 

The NIE doesn't give you any entitlement to live, work or give extended stay time. 

It's purely a unique registration of your details to process transactions.

Hi Austin,

I'm afraid you've been given some incorrect information.

The statement, "The 90-180 day rule applies to all EU citizens" is incorrect, although it makes no material difference to your own situation.  This is a Schengen rule and for EU citizens, it is subsumed by their right to Freedom of Movement within the EU.  As you are an Irish national and therefore an EU citizen, you continue to have the right to Freedom of Movement.  (Ireland, like the UK, is not a member of Schengen.)

Other posts have confused 'residency' and 'tax residency'.  These are Spanish laws.  If you intend to live permanently in Spain, you are required to register as a foreigner within the first 90 days (referred to as 'residency').  If your intention is to live in Spain for 6 months (182 days) or less per year, and the rest of the year in Ireland, you will retain your tax residency in Ireland.  This has had the effect of EU citizens ignoring the requirement to register in Spain at the 90 days point - and, to be honest, the Spanish authorities have not had the resources to enforce their own residency laws.  (This has changed for UK citizens since Brexit - those that failed to register previously have either had to do so, or return to the UK if they can't meet Spain's residency requirements.)  However, if your intention is to live permanently in Spain, you are required by law to register your residency.  If you fail to do so and then live here for 182 days or more, you become tax resident in Spain by default anyway.

In terms of applying for residency, you have to complete the relevant application form and provide various supporting documents, such as your passport, NIE certificate, Padron, house deeds or long-term rental agreement, and bank/savings statements that prove you meet Spain's financial requirements for EU citizens moving to live in Spain.  You will also have to prove that you have healthcare provision - state-funded from Ireland if you're a pensioner and entitled to an S1, or private health insurance if you're an early retiree.  You can make the residency application yourself, but for the sake of around €80, it will probably be easier to pay a gestor to do it for you.

Kind regards, 

Kim

The Irish government web page has appropriate information for you. Whilst you have “ freedom of movement “ as an Irish EU passport holder , you are still obliged to apply for residency after 90 days stay. 

The process is far simpler than the new TIE for UK passport holders. It only requires one trip to the police station. 

Kimmy, I think you've misinterpreted my post of  90-180 rule, this has always been the case for all EU citizens, register after 90 days if you intend to stay over 182 then you become tax resident.

That had nothing to do with the new 90 in 180 that is now in place for the UK. 

Regards 

I don't know how I could misinterpret your statement, "The 90-180 day rule....." when that's the Schengen rule and not the same thing as the 90 days for Residency and 182+ for fiscal residency, which are Spanish laws and nothing to do with Schengen.

Unless your statement should have read, "The 90-182 day rule....."? 🤔

Yes it should have read 90-182 and I was responding to killjoys post, which was a little confusing. 

However I think the poster has got there now and hopefully understands their rights and responsibilities. 

Very many thanks to all those who helped me with their good advice and information.

I am now much clearer regarding my situation in Spain.

Hi   Austin,

You   got  a lot  of  good  information  here,  most of what  I  had  queries  about   as  I  am  a year  younger  than yourself  and think   of  moving out to  the Sun,  But  it is  a big  move  as  from  my  reading of  general  information on this  forum  cost  of  living  not  a lot  cheaper  than   Eire,  Electricty  is  very  expensive  in Spain,  1   concern  I  have  is  Heating  of   apartment  in cold  months  as  evening get  cold  over there,  I  have  been using  Live  web cam in  Torrevicia   to  judge  weather,,  I   hope  you dont  mind  me  stepping  in on your  conversation,  but  seeking  more  information  before  I  decided,  Well  cant  travel  out  any time  soon,  i  doubt  one would  get  work out there  unless  you had  Spanish plus  you would be  up against  Local  Spainards,  and  wages  very small,  Apartment  look small  and no  soundproofing,  guess   I  need  top floor,

  Best  of luck  to you

Phil

I think you are wrong on the 90/180 day rule it does not apply to EU citizens.

EU citizens are free to travel in Europe providing they do not breach local laws, for most countries this starts with staying over 90 days without registering.

So as a Eu citizen I can leave the UK where I am also a citizen, go to France and on to Spain, not spending over 90 days in either then go to another Eu country and return to Spain  and back to Uk where I live.  Provided I do not spend more that 90 days at a time and do not spend 182 days in a calendar year in Spain (as it Spain we talk about on this board) I do not break any law, it is freedom of movement.