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Query about 90 day stay in Spain for Irish passport holders.
Discuss your questions about the EU and Brexit and what it means for Quesada and Spain
Re: Query about 90 day stay in Spain for Irish passport hold
by Horatio » Sun Nov 27, 2022 7:31 am
Expat in Quesada wrote:Paul Uden wrote:I think gasgit is probably right in practice. Neither Ireland nor the UK have ever been in Schengen and when the UK was in the EU Spain turned a blind eye to the Schengen rules. This may therefore continue to apply to Ireland.
If you wanted to strictly follow the Schengen rules then travelling to Portugal or France, for one day or 90 days, wouldn't help as they are also in Schengen, so you wouldn't be leaving the Schengen zone if you went there.
You would be left with returning to the UK or Ireland, but in practice your Irish passports will probably be sufficient for the time being.
Hi Paul,
Thanks for your reply. Like many things in Spain, not everything is black or white. We have also asked our solicitor here and await their reply but this is not their area and they may not be able to give me a concrete answer. I don't want to arrive at a border to be faced with a large fine. I imagine pleading ignorance with border control wouldn't get me very far. Lol.
Cheers.
John.
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Re: Query about 90 day stay in Spain for Irish passport hold
by KEH1968 » Sun Nov 27, 2022 6:43 pm
I’m an Irish citizen and I’ve never once had my passport stamped anywhere in the eu.
You are fine to come to Spain without restrictions.
You are fine to come to Spain without restrictions.
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Re: Query about 90 day stay in Spain for Irish passport hold
by Paulr » Mon Nov 28, 2022 7:24 pm
I regularly see people confusing the 90/180 Schengen rule with Spanish residency laws. In theory, as an EU citizen, you should register your presence in Spain if you intend to stay longer than 90 days, but in practice, Spanish border control is likely to take little notice of when you entered the country when they see you have an Irish (i.e. EU) passport. They regularly turned a blind eye to UK citizens, when we were members of the EU, overstaying the 90 days, so long as we didn´t exceed 182 days (6 months), as that makes you tax resident in Spain by default.
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Re: Query about 90 day stay in Spain for Irish passport hold
by Bee » Fri Dec 02, 2022 8:29 pm
Paulr is correct. I don't know why those with EU passports get so exercised with the 90 day thing. Practically every country in the EU/EEA apply the same 90 day rule. However as an EU citizen you have the same rights of free movement throughout the EU/EEA as any other citizen. Most EU/EEA countries require you to register with their Foreigners Office if you are staying more than 90 days. This is a simple process in Spain. Fill out the EX18 form. Tick whatever box applies to your situation. Mostly it will be the box which says you can support yourself and you have Health Insurance. You can state how long you intend being in Spain anything up to the 183 days. You then get a Certificate. Now anybody driving to Spain needs to look at their insurance as most insurance companies will only cover you for 90 days. As far as Schengen and EU citizens are concerned it means those of us not in Schengen are required to go through Passport Control. Our passports are not stamped. It doesn't mean we have any less rights than any other EU/EEA citizen.
https://www.vivreavalencia.com/how-to-c ... -de-la-ue/
Bee
https://www.vivreavalencia.com/how-to-c ... -de-la-ue/
Bee
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Re: Query about 90 day stay in Spain for Irish passport hold
by Shiva » Fri Dec 02, 2022 9:51 pm
Bee wrote:...This is a simple process in Spain. Fill out the EX18 form. Tick whatever box applies to your situation. Mostly it will be the box which says you can support yourself and you have Health Insurance...
Simple? Really? Sorry Bee, but have you actually done this? I have. It is an extremely bureaucratic and involved process, including actually managing to get an appointment at a National Police Station, and requires screeds of documentation on your ability to support yourself, bank statements and so on. The point is... it is so bureaucratic and involved that only those who actually want to become longer term residents would normally pursue it. If you have an EU passport noone will blink at you staying over the 90 days, it is not tracked or monitored. The only issue to be careful about is going over the 183 day stay in tax residency terms. Although even then, if you are an EU resident, you are unlikely to be pursued over a few days over .
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Re: Query about 90 day stay in Spain for Irish passport hold
by Bee » Sat Dec 03, 2022 12:10 am
I agree with you Shiva why anyone would be bothered is beyond me. I doubt the Policia Nacional want their days clogged up with a constant stream of EU passport holders clogging up the system because they want to stay for 5 months. The truth is it would be nigh on impossible to kick an EU citizen out of another EU country unless they committed some henious crime. Staying 6 or 9 months in Spain which lots of pensioners do is hardly a henious crime.
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