90 day rule

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sick and tired
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90 day rule

Postby sick and tired » Sat Feb 02, 2019 3:13 pm

Am I correct in thinking that after leaving the eu I will be able to spend 90 days in each 180 day period in Spain without applying for residency does that also mean I can spend 90 days between jan and June then a further 90 days between July to December and the days do not have to be consecutive as this would suit me fine as I have no wish to live full time in Spain but certainly stay 4 months per year but not consecutively

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costakid
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Re: 90 day rule

Postby costakid » Sat Feb 02, 2019 3:35 pm

I understood it was 90 days out of 180. I suppose that means you can spend 180 days a year if you spread it out with gaps.

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Re: 90 day rule

Postby elusive » Sat Feb 02, 2019 4:07 pm

I think you are confusing issues re brexit. The rule now is that your are expected to apply for residencia after been here for 90 days if you intend to make spain your habitual home. Obviously we dont know offically whats happening re brexit but alot of reports are saying you will be able stay in spain for 90 days without needing anything other than the online every three year thing. But if you intend to stay longer lets say for a four month winter holiday you will have to apply for some kind of visa. So you will have to break the trips up to fit in with the below if you dont want to apply for some kind of visa whatever that may be. But as you say thats what you will be doing i dont think theres a prob for you

Agree with costa its 90 days in any 180 period. shengen visa

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Re: 90 day rule

Postby El Cid » Sat Feb 02, 2019 4:50 pm

At the moment, you can stay as long as you like so long as you don’t spend more than 90 consecutive days. That means you could spend a whole year, less 4 days, and not be required to register.

However, that would make you tax resident, but that’s another issue.

It’s possble to be tax resident and not “resident” or be “resident” and not tax resident.

That’s not confusing is it?

I cant see Brexit changing this as the EU have now agreed that after Brexit, visas will not be required for Brits to visit the EU.

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alantemp
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Re: 90 day rule

Postby alantemp » Sat Feb 02, 2019 7:34 pm

If you stayed more than 90 consecutive days....... who knows and how?

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Re: 90 day rule

Postby Pamela1 » Sat Feb 02, 2019 7:41 pm

I would imagine your length of stay can be detected from when you enter the country and feed your passport through the passport control machine.

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Re: 90 day rule

Postby peteroldracer » Sat Feb 02, 2019 8:05 pm

I think a good few folk will be startled when they have to go through the Non-EU channel at the border....
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Re: 90 day rule

Postby alantemp » Sat Feb 02, 2019 9:17 pm

And at passport control, leaving Spain, it becomes evident that you have stayed for 140 days ....... is it a fine?

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Re: 90 day rule

Postby Pamela1 » Sat Feb 02, 2019 11:08 pm

Perhaps a fine or even a ban from returning for a set time..

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peteroldracer
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Re: 90 day rule

Postby peteroldracer » Sun Feb 03, 2019 12:16 am

and you may be marked to check you do not stray over 183 days in a year,
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sick and tired
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Re: 90 day rule

Postby sick and tired » Sun Feb 03, 2019 11:16 am

Interesting responses I guess we don’t truly know I had considered applying for residential status but my indecision has probably left it to late, I have no desire to live in Spain but would like the flexibility to spend 4 maybe 5 months a year but it would be spread over the year with probably the max stay being a month it would probably amount to 8 visits a year hence my original question just hoping I will be able to without any hassle I don’t try to do things under the radar pay all the town hall bills and taxes etc have a car which has been matriculated onto Spanish plates etc just concerned will not be able to use the place as freely and uncomplicated as now. Fingers crossed I guess

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Re: 90 day rule

Postby elusive » Sun Feb 03, 2019 4:39 pm

You shouldnt apply for residencia unless you are going to live here full time. You can only be resident in one country so legally you would have to become a uk non resident you are opening up a can of worms with hacienda etc if you do.

Just sit tight it will get sorted one way or the other. Whats the worst having to get a visa

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Re: 90 day rule

Postby El Cid » Sun Feb 03, 2019 4:48 pm

You can be tax resident in more than one country. The UK rules are 90 days or sometimes less. Spain is 183 days.

Dont confuse signing onto the register of foreigners as being resident. It is more like getting a visa to give you the right to stay for more than 90 days.

You can sign on the register and never be tax resident. You can be tax resident and not sign on the register. You can be non resident in the UK but still pay UK tax - I could go on, but it's confusing enough already.

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Re: 90 day rule

Postby Superplonk » Mon Feb 04, 2019 9:23 am

sick and tired wrote:Am I correct in thinking that after leaving the eu I will be able to spend 90 days in each 180 day period in Spain....


NB: it's not Spain, it's the entire Schengen area. This would prevent you from filling in the rest of the year in the Algarve, for example. It also means no dawdling through France on your way to the Pyrenees.

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peteroldracer
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Re: 90 day rule

Postby peteroldracer » Mon Feb 04, 2019 10:17 am

The 183 days starts when you leave the UK and ends when you return.
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Re: 90 day rule

Postby El Cid » Mon Feb 04, 2019 1:14 pm

I think that statement needs expanding on. If you spend more than 183 (not necessarily consecutive) days in Spain in one calendar year, you are tax resident. However it is therefore possible to spend almost a year in Spain if your visits straddle the year end. Also, returning to the UK does not reset the clock - if you return in the same year it starts ticking again from where it left off.

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gruff
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Re: 90 day rule

Postby gruff » Tue Feb 05, 2019 8:49 am

I'm a little confused. I know about the 90 day thing that is in force at the moment but who is to know I have been in Spain for more than 90 days and not popped over into France to see my friend Emmanuel?

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costakid
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Re: 90 day rule

Postby costakid » Tue Feb 05, 2019 9:08 am

But as you are still in a Shengen country the rules apply. This is after Brexit we are talking about?

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Re: 90 day rule

Postby Stevemul » Tue Feb 05, 2019 11:22 am

I am also awaiting clarification because of my situation. I own a property in Spain, pay annual tax for doing so and declare income from summer lettings as per thenew Tourist licence rules.
I arrive in October after the tourist season and stay until December ( less than 90 days), then return to the UK until January when I return to Spain until early April ( also less than 90 days).
In theory, it could be considered that the first visit is less than 90 days in the 6 months to year end and the second visit is less than 90 days in the first 180 days of the next year. However, again in theory (?) the combined period is more than "90 days in 180 days".
I'll be very upset if I am not allowed to continue with this arrangement!

elusive
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Re: 90 day rule

Postby elusive » Tue Feb 05, 2019 3:18 pm

Dont see why you wouldnt. Just may have to apply for some type of visa


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