90 day rule question - Residency in Villamartin: padron, residencia and passport advice - Villamartin forum - Costa Blanca forum in the Alicante province of Spain
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90 day rule question

Posted: Mon Sep 28, 2026 6:26pm
15 replies4 members subscribed
Oinseach

Posts: 9

Location: Villamartin

Joined: 1 Jun 2023

Hi I am Irish and have an Irish passport. My husband has a British passport. Does the 90 day rule apply to him given we are married? We own a place in villamartin if that makes any difference.

Thanks for your help.

marcliff

Posted: Mon Sep 28, 2026 6:46pm

marcliff

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Posts: 4198

5352 helpful points

Location: Rojales

Joined: 5 Jan 2023

Posted: Mon Sep 28, 2026 6:46pm

As long as you travel together then he can stay under the same rules as you. Only if he travels independently will that kick in.

That's 90 days in one visit as the 90 in 180 does not apply to EU citizens. If you wish to stay over 90 days in one visit you can sign on the register of EU citizens and then get the same status for your husband as the spouse of an EU citizen.

Oinseach

Posted: Mon Sep 28, 2026 7:51pm

Oinseach

Original Poster

Posts: 9

Location: Villamartin

Joined: 1 Jun 2023

Posted: Mon Sep 28, 2026 7:51pm

marcliff wrote on Mon Sep 28, 2026 6:46pm:

As long as you travel together then he can stay under the same rules as you. Only if he travels independently will that kick in.

That's 90 days in one visit as the 90 in 180 does not apply to EU citizens. If you wish to stay over 90 days in one visit you can sign on the register of EU citizens and then get the same status for your husband as the spouse of an EU citizen....

...

Thanks Marcliff. Just so I understand- if I was here for a year for example,  he could too?

marcliff

Posted: Mon Sep 28, 2026 7:58pm

marcliff

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Posts: 4198

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Posted: Mon Sep 28, 2026 7:58pm

Provided you have signed on the Register of Foreign EU citizens registered in Spain (which you must do at a National Police Station before the 3 months is up) and he is on the same Register as the spouse of an EU citizen then yes. 

But also remember that if you spend over 6 months in Spain in any one financial year (Jan to Dec) you will be classed as a tax paying resident in Spain. And that would also be for both of you.

Oinseach

Posted: Mon Sep 28, 2026 8:26pm

Oinseach

Original Poster

Posts: 9

Location: Villamartin

Joined: 1 Jun 2023

Posted: Mon Sep 28, 2026 8:26pm

marcliff wrote on Mon Sep 28, 2026 7:58pm:

Provided you have signed on the Register of Foreign EU citizens registered in Spain (which you must do at a National Police Station before the 3 months is up) and he is on the same Register as the spouse of an EU citizen then yes. 

But also remember that if you spend over 6 months in Spain in any one financial year (Jan to Dec) you will be classed as a tax paying resident in Spain. And that would also be for both of you....

...

Marvellous, thank you!

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John123456

Posted: Mon Sep 28, 2026 9:52pm

John123456

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Posts: 2286

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Location: Benidorm

Joined: 27 Feb 2021

Posted: Mon Sep 28, 2026 9:52pm

The following information is issued by the Irish Embassy Madrid:

Long Stays (Over 3 Months)  Because Ireland is part of the EU, Irish citizens have the automatic right to live, work, study, or retire in Spain, but you must complete formal administrative steps:
  • Certificate of Registration (Certificado de Registro de Ciudadano de la Unión): You must apply in person at the local Foreigners Office or designated police station after arrival. 
  • NIE Number (Número de Identificación de Extranjero): This foreigner identification number is usually issued alongside your residency certificate and is required for banking, buying property, and utilities. 
  • Empadronamiento: Register your residential address at your local town hall (ayuntamiento), which is necessary to access public healthcare and schooling. 
  • Proof of Status/Means: You must prove your category (employed, self-employed, student, or self-sufficient/retired). Self-sufficient individuals and retirees must show adequate financial funds and private or public comprehensive medical insurance. 
Oinseach

Posted: Mon Sep 28, 2026 9:59pm

Oinseach

Original Poster

Posts: 9

Location: Villamartin

Joined: 1 Jun 2023

Posted: Mon Sep 28, 2026 9:59pm

John123456 wrote on Mon Sep 28, 2026 9:52pm:

The following information is issued by the Irish Embassy Madrid:

Long Stays (Over 3 Months)  Because Ireland is part of the EU, Irish citizens have the automatic right to live, work, study, or retire in Spain, but you must complete formal administrative steps:
Certificate of Registrat...

...ion (Certificado de Registro de Ciudadano de la Unión): You must apply in person at the local Foreigners Office or designated police station after arrival. NIE Number (Número de Identificación de Extranjero): This foreigner identification number is usually issued alongside your residency certificate and is required for banking, buying property, and utilities. Empadronamiento: Register your residential address at your local town hall (ayuntamiento), which is necessary to access public healthcare and schooling. Proof of Status/Means: You must prove your category (employed, self-employed, student, or self-sufficient/retired). Self-sufficient individuals and retirees must show adequate financial funds and private or public comprehensive medical insurance. 

Thank you, very helpful

John123456

Posted: Tue Sep 29, 2026 8:00am

John123456

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Location: Benidorm

Joined: 27 Feb 2021

Posted: Tue Sep 29, 2026 8:00am

Oinseach wrote on Mon Sep 28, 2026 9:59pm:

Thank you, very helpful

You might also find the contents of this link helpful:

Visas for family members of a citizen of the Union https://share.google/bChGvsDxsy2td8gm5

Yannelsis

Posted: Tue Sep 29, 2026 8:45am

Posts: 69

30 helpful points

Location: Orihuela Costa

Joined: 8 May 2020

Posted: Tue Sep 29, 2026 8:45am

Oinseach wrote on Mon Sep 28, 2026 6:26pm:

Hi I am Irish and have an Irish passport. My husband has a British passport. Does the 90 day rule apply to him given we are married? We own a place in villamartin if that makes any difference.

Thanks for your help.

Hello,

If you want him to stay longer than 90 days, you must register as a family member of European. Only because you are married, doesn't mean he can stay more than 90 days.

He can have problems in the borther. 

Oinseach

Posted: Tue Sep 29, 2026 8:49am

Oinseach

Original Poster

Posts: 9

Location: Villamartin

Joined: 1 Jun 2023

Posted: Tue Sep 29, 2026 8:49am

John123456 wrote on Tue Sep 29, 2026 8:00am:

You might also find the contents of this link helpful:

Visas for family members of a citizen of the Union https://share.google/bChGvsDxsy2td8gm5

Thank you

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