90/180 day rule

To stay within the Spanish rules your wife with an EU passport,  and wants to stay more than 90 days, should register with the national police and sign on the foreigners register within that 90 day period. She will need to meet the income and healthcare requirements. You could piggyback of her EU passport as her spouse. 

Informational link below:

https://administracion.gob.es/pag_Home/en/Tu-espacio-europeo/derechos-obligaciones/ciudadanos/residencia/obtencion-residencia/inscribirte-residente.html

Steve 

If you travel together you are exempt from 90/180 but you will still need to abide by Spain's own non resident rules: max single stay is 3 months and you become a tax resident if you spend more than 182 days a year in Spain.

What if the eu passport holder stayed for say 85 days, went back to the U.K. for 1 month then decided they wanted to do another 85 days in Spain, I presume the eu passport holder is free to do another 85 days but what about the accompanying partner with just a U.K. passport?

Can the accompanying non eu passport holder use the same eu residents passport checkpoint?

I have heard people say that you to have to carry a copy of your marriage certificate and in some cases.

I have searched for these answers before without much luck and cannot rely on the man in the pub who knows a man whose wife heard in the hairdressers that …. 😂

As long as travelling together 90/180 doesn't apply, so yes, both can do 85 days, back to the UK for a month and return for another 85 days. But as said earlier, you fall foul of Spain's taxation rule if you stay more than 182 days in a year, so still need to count days. When travelling into Spain you can use the EU lane together, and yes, worth having a copy of your marriage certificate even though not supposedly required.

Yes, so long as you break your stay.

And as Davebev1 states the taxation timeframe adherence is important.

I sought both legal & financial advice from my accountants & from my solicitor and seek guidance yearly for changes in the law.

It’s a worthwhile investment.

We spend the 6 months per year in the EU, have done so for 20 years.

We both are EU and UK passport holders.

Thanks very much for all the info, we are mainly looking to be able to do a few trips per year, so I now understand the rule regarding the 182 days,

Thanks again

Hi we are thinking of living at my daughters villa permanently what do we have to do as regards registering as living there do we have to have private medical insurance or will a S1 be sufficient as we are retired her villa is in el Galan 

Assuming that you are also an EU national, same as the O/P, you would only need to prove the lower funding requirement to gain residency in Spain. Your S1 could be used as proof of healthcare and you can apply in Spain when you arrive.

If you are a UK passport holder you will need to apply in the UK before you travel and the funding requirement is considerably higher.

Do you only have UK passports or does one of you have an EU passport?

UK only means you will need to apply for an Non Lucrative Visa at a Spanish Consulate in the UK - prove your income/savings and quite a bit of paperwork.  This is the link for Manchester office 

https://www.exteriores.gob.es/Consulados/Manchester/en/ServiciosConsulares/Paginas/Consular/Visado-de-residencia-no-lucrativa.aspx     but you may need to apply at either London or Edinburgh.

If one of you holds an EU passport then much simpler, done in Spain, much lower income threshold, a lot less paperwork and relatively quick process.