Register as a foreigner after 90 days - Page 2

What part of my summary did you not understand? 

Davebev1 has elaborated but the answer is the same, 90 days max. 

I am not sure how to make it clearer.  You cannot legally stay in Spain longer than 90 consecutive days unless you are applying for residency, which you are not wanting to do.  If you were to apply for residency you would become a resident in Spain instead of Ireland and all that goes with being a Spanish resident and not an Irish resident (ie Spain would be your permanent home).  

If you want to spend longer than 90 days over the winter months then as an Irish/EU citizen all you need to do to stay within the rules is leave by day 90 and return to Spain a day or two later to start a new 90 day stay.  Be careful not to stay a total of 183 days or more in a calendar year or you are liable for full tax in Spain regardless.  Just because you have got away with overstaying in the past doesn't mean you will in the future.

The photo you put up is about residency not extended holidays.

Thanks for all the information. I'll be more careful in future counting the time spent in Spain.  I honestly was not aware of the situation. The company who does my non resident tax never mentioned it.

I wouldn't worry about staying over 90 days or anything up to 183 days.  The EU guarantees freedom of movement between EU  countries for all its citizens. 

Bee

Freedom of Movement does not allow you to live in Spain indefinitely, or have an extended holiday of more than 90 days, it never has and never will.  Spanish law requires someone to apply for residency if staying longer than 90 days (certain exceptions including those with student visas or fixed time work contract visas).  Yes, people have got away with overstaying, in some cases overstaying for long periods of time too, but that didn't make it legal.  ETIAS comes into force next year and will catch out Irish overstayers.  It isn't about whether you can get away with it now or in the past, it is that you won't get away with it in the future.  If you ignore the fiscal residency laws then you become a tax evader - a criminal offense with potentially serious consequences.  If you want to take the chance yourself, your decision, but you should not be encouraging another person to ignore laws that may result in them being fined and banned from Spain.  

Could you point me to the Spanish Law/EU law and penalties which attach to being found guilty of staying over 3 months as an EU  citizen in any EU country. I have seen people quoting this for nigh on 20 years now. The Spanish authorities and the EU are aware that it is actually unenforceable regarding EU citizens because of the freedom of movement applying to people, goods and services.  How would any EU country monitor how long an EU citizen from another EU state is in their country. There are no borders. Do you really think Spanish authorities want millions  of EU citizens clogging up the Policia Nacional offices looking for paperwork to say they will be staying for 6 months. As Spanish officials say "porque los guiris quieren complicar todo" 

You seem to have conflated residency, fiscal residency and staying over 3 months into one argument.   In fact suddenly we are all tax evaders as well. Stop the scaremongering and show us some evidence to back up where this has ever been applied.  Why did you particularly single out Irish citizens and throw in ETIAS for good measure as it won't apply to Irish citizens as we are  members of the EU. Unless of course you know something different.

Bee

Busby actually posted a quote from the Spanish Consulate in Dublin "Temporary residence is the situation authorizing a stay in Spain for a period longer than 90 days and shorter than five years."    http://www.exteriores.gob.es/Embajadas/DUBLIN/en/InformacionParaExtranjeros/Pages/Residir.aspx

Also for the EU generally the Irish government site  https://www.citizensinformation.ie/en/government_in_ireland/european_government/european_union/freedom_of_movement_in_the_eu.html

Here is an article that may help   https://www.expatica.com/es/moving/visas/eea-spain-422591/

Thanks Dave but none of those links refer to penalties. I am more interested in links to EU citizens  who have been deported from Spain  because they stayed up to 6 months or longer on holiday and didn't apply for a certificate.  I am also interested in a link which says Ireland will be required to apply for a visa under ETIAS in 2023 although we are EU members.

Bee 

As already stated, things in the past have not been well enforced.  Where did I say that EU citizens had been deported?  I am sure that there are cases where the Spanish authorities have gone after the tax that is due when they have had the opportunity and financially worthwhile. The point about ETIAS is not that Irish citizens will have to apply for an ETIAS visa, they will be exempt, (as will all EU non-Schengen countries), it is that the systems will record arrivals and departures and cross link the two, something that isn't currently done, so overstaying will be flagged up.  The point of my other comment was whether a law is currently enforced or not, it is still a law that can be enforced and you shouldn't be encouraging someone else to ignore it saying there won't be any penalties when in the future there will likely be penalties.  That's no different to suggesting some speeds down a road because there isn't currently a speed camera in that road so speed limits don't matter.  The law stands as it is, it can be enforced if Spain so wishes (and ETIAS will make that easier to do).  If you want to take the gamble that's your decision, but Busby asked for correct information and the correct information has been given.

EU citizens will not require an ETIAS  visa Some 60 non EU countries are also to be exempt  if the EU does decide to introduce it in 2023 so how will it be useful to Spain?  At the moment all arrivals by air and sea are recorded so that information is already available.  What about all the other EU countries on mainland Europe who can come and go to Spain how will Spain watch them.  Like I say scaremongering. 

Bee