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Irish passport
Posted: Fri Jul 16, 2021 10:45am
We have irish passports, but live in UK, does anyone know if the 90 day restrictions apply as we didn't get our passport stamped on entry
Posted: Fri Jul 16, 2021 11:19am
Legendary helpful member
Hi Isobel,
There isn't a simple 'yes' or 'no' answer. There's a factual answer and then there's what happens in practice 😉
There are two rules you should comply with: because the Republic of Ireland opted out of Schengen, you should comply with the 90 in a rolling 180 days rule, and also Spain's residency laws, which require you to register your presence here if you intend to stay more than 90 days.
However, as Ireland is still an EU member state and so long as you're travelling on Irish passports, these laws are unlikely to be upheld, so long as you don't exceed 182 days during a tax year (January to December) in Spain, as you would then become tax resident by default. This was how many Brits were able to travel to the EU for up to 6 months before Brexit (the so-called winter swallows). As you mentioned, your passports were not stamped on entry and although there will still be an electronic audit trail of your entry into Spain, if the British example is anything to go by, I doubt it will be acted on while Ireland is still a member of the EU.
It remains to be seen how diligent the Spanish border control will be about enforcing these laws, once the EU rolls out ETIAS next year.
Kind regards,
Kim
Posted: Thu Oct 28, 2021 11:41am
Hi I am looking to move over for good and both of us with Irish passports can we stay more than the 90/180 day rule we don’t want to move and come back
Posted: Fri Oct 29, 2021 12:07am
Legendary helpful member
Paddy noel wrote on Thu Oct 28, 2021 11:41am:
Hi I am looking to move over for good and both of us with Irish passports can we stay more than the 90/180 day rule we don’t want to move and come back
Hi Paddy,
See my post above yours - my response to Isobel answers your question.
Kind regards,
Kim
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