Residencia and/or visiting restrictions

Information and questions about the Law in Spain and Andalucia.
David 0’Leary
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Residencia and/or visiting restrictions

Postby David 0’Leary » Tue Feb 14, 2023 4:57 pm

Hello all,

I am a newbie on here.
Pre Brexit I lived in Andalucía for a couple of years and obtained Residencia. As a British citizen I was astonished when Brexit occurred and the limitations started coming in. Moved back to Northern Ireland and I now have a EU/Irish passport.
Can I now visit Spain and or stay for unlimited periods as an EU passport holder? Or maybe buy somewhere in Spain again? The great thing right now is I can come and go through passport control with no hold ups.

Any advice welcome re Residencia would be very welcome.


Regards

David O

markwilding
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Re: Residencia and/or visiting restrictions

Postby markwilding » Tue Feb 14, 2023 9:55 pm

If you have an Irish passport, you are an EU citizen so the 90 day rule does not apply to you and residence is much easier. Ireland is not in Schengen so just remember to use the Irish passport when entering the Schengen area.

David 0’Leary
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Location: Ireland

Re: Residencia and/or visiting restrictions

Postby David 0’Leary » Wed Feb 15, 2023 5:51 pm

Thanks for your input Mark - I thought I’d get a more updated view as I haven’t been in Spain for quite some time now.
I had also forgotten Schengen but I always use my Irish passport now in the EU.

I see that you are in Northern Spain - an interesting part to be in and so different to Andalusia. I considered that general area a few years back.

Cheers

David O

Cádiz
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Re: Residencia and/or visiting restrictions

Postby Cádiz » Fri Feb 17, 2023 10:09 am

markwilding wrote: Tue Feb 14, 2023 9:55 pm If you have an Irish passport, you are an EU citizen so the 90 day rule does not apply to you and residence is much easier. Ireland is not in Schengen so just remember to use the Irish passport when entering the Schengen area.

You said Irish passport, can we have two passports at the same time?

markwilding
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Re: Residencia and/or visiting restrictions

Postby markwilding » Fri Feb 17, 2023 3:27 pm

Seeing as David has both an Irish and a British passport, then the answer is yes. Just after the referendum, there was a rush of people born in Northern Ireland to get a Irish passport,
Britain definitely allows duel nationality as does Spain but it soes only with certain countries. It's also possible to have both Spanish and British through birth right. My son has both.

David 0’Leary
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Location: Ireland

Re: Residencia and/or visiting restrictions

Postby David 0’Leary » Sat Feb 18, 2023 12:15 pm

That’s correct. You can have two passports at the same time. I use my British one to go into England and use my Irish one in Europe. I have an Irish mother and an English father. As stated above, not all countries allow dual nationality.

David 0’Leary
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Location: Ireland

Re: Residencia and/or visiting restrictions

Postby David 0’Leary » Sat Feb 18, 2023 12:16 pm

I meant to add that I work in both the UK and Ireland and have done for years.

pensure2010
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Re: Residencia and/or visiting restrictions

Postby pensure2010 » Sun Feb 19, 2023 9:58 pm

Just remember that EU Passport holders can stay more than 90 days and less than 183 days. After that time you will become a Tax or Fiscal Resident. So Non_residents of Spain should structure their visits accordingly. So it is not unlimied access but restrictions still apply to all visitors from an EU country.

David 0’Leary
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Location: Ireland

Re: Residencia and/or visiting restrictions

Postby David 0’Leary » Sun Feb 19, 2023 10:16 pm

Thanks for the reminder.

Cheers David

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costakid
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Re: Residencia and/or visiting restrictions

Postby costakid » Mon Feb 20, 2023 3:05 pm

pensure2010 wrote: Sun Feb 19, 2023 9:58 pm Just remember that EU Passport holders can stay more than 90 days and less than 183 days. After that time you will become a Tax or Fiscal Resident. So Non_residents of Spain should structure their visits accordingly. So it is not unlimied access but restrictions still apply to all visitors from an EU country.
But never checked. 1000s of brits lived in spain under the radar prior to brexit.

carynwales
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Re: Residencia and/or visiting restrictions

Postby carynwales » Tue Sep 19, 2023 11:03 am

I have owned a property in Miraflores since 2006, does anyone know how I go about applying for an extended visa. I can't live in Spain yet due to family commitments in UK, but want to use it more than the 90 days?

Any advice appreciated
thanks
Caryn

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costakid
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Re: Residencia and/or visiting restrictions

Postby costakid » Tue Sep 19, 2023 11:10 am

carynwales wrote: Tue Sep 19, 2023 11:03 am I have owned a property in Miraflores since 2006, does anyone know how I go about applying for an extended visa. I can't live in Spain yet due to family commitments in UK, but want to use it more than the 90 days?

Any advice appreciated
thanks
Caryn
look at digital nomad visa

El Cid
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Re: Residencia and/or visiting restrictions

Postby El Cid » Tue Sep 19, 2023 3:45 pm

Digital Nomad visas are not a quick way of avoiding the 90/180 day rule. They are quite difficult to qualify for. The only "easy" solution that doesn't involve becoming resident is the Golden Visa. Extending a visit beyond 90 days is almost impossible.

Incidentally, having an EU passport does not entitle you to stay for more than 90 days and never has done. After 90 days you have to leave Spain or apply for residency. It does allow you to move around the EU without limitations, but you cannot stay in any country for more than 90 days. Freedom of movement is just that. You can move around freely, but there is no freedom to stay.

That said, it is very difficult for the police to check as your passport is not stamped within the EU, so people have ignored it for years.

Sid


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