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Rules for 2021

Re: Rules for 2021

Postby Planet Janet » Thu Dec 03, 2020 3:22 pm

My husband works away for a month at a time so is here for a month then away for a month will this rule apply to the likes of him,or is it just consecutive days confused?
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Re: Rules for 2021

Postby polop » Thu Dec 03, 2020 3:49 pm

Planet Janet wrote:My husband works away for a month at a time so is here for a month then away for a month will this rule apply to the likes of him,or is it just consecutive days confused?

Suppose it depends where are you resident for tax purposes??
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Re: Rules for 2021

Postby PGA » Thu Dec 03, 2020 3:50 pm

Planet Janet wrote:My husband works away for a month at a time so is here for a month then away for a month will this rule apply to the likes of him,or is it just consecutive days confused?



It will apply to any non-resident from outside the EU (as Britain shall be considered after January 1st).

The day your husband arrives in Spain triggers a 180 day clock. In those 180 days he can only be in Spain (and anywhere else in the EU) for 90 days. Whether he elects to do so in 30 day chunks or whether he does 90 days straight is up to him. But once those 90 days are used up, he can spend no more days within the EU until the 180 days have expired from the "first" visit.

Unless he is resident.
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Re: Rules for 2021

Postby Sage » Thu Dec 03, 2020 4:05 pm

If you are resident in the UK and you do the math then you can spend 30 days in Spain and then 30 days in the UK alternating all through the year.
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Re: Rules for 2021

Postby Chrisdee » Thu Dec 03, 2020 4:19 pm

I think the new rule suits everybody I know who has a holiday home. The only ones it won't suit are the ones who have never bothered becoming a resident or paying taxes and driving around in their UK registered cars
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Re: Rules for 2021

Postby PGA » Thu Dec 03, 2020 5:00 pm

Chrisdee wrote:I think the new rule suits everybody I know who has a holiday home. The only ones it won't suit are the ones who have never bothered becoming a resident or paying taxes and driving around in their UK registered cars


I'm not sure the rules "suit" anyone. They are less inconvenient for some rather than "suiting" them.


Many winter migrants enjoyed greater than 90 days in any 6 months in warmer climes in the EU, yet still spent 183 days + in the UK for residency purposes. That won't be an option for them any longer.

I myself enjoy winter in Spain but summer in the UK. Now I am limited to 90 days and if I use up my "allowance" in one chunk I cannot then visit for another 3 months. Realistically I couldn't "risk" using up the 90 days in case I was needed in Europe for a trip to the villa in an emergency, or a wedding/birthday/stag do invitation to Europe or even for work purposes. For those who will use up a lot of their allowance working in Europe you will be left with even less days you may wish to spend at a holiday home. You would be gutted to land, say, a 10 week contract in Germany to then only have 14 days worth of EU allowance to have a holiday or go to a second home in a 6 month period.

I'm not sure what driving around in a UK registered car has to do with any of the other facts other than just another dig at British non-residents as the clique tend to enjoy. I sometimes wonder when I see the "guiris go home" style graffiti if its in fact sprayed on by expat residents more than disgruntled Spaniards.
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Re: Rules for 2021

Postby Sage » Thu Dec 03, 2020 5:19 pm

There is a financial penalty that will be incurred by Spain (and I suspect France & other countries in the EU) for introducing the 90 in 180 day limit.

When they realise the cost to them, their loss in tourist revenue, it won't surprise me if the rules are relaxed.
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Re: Rules for 2021

Postby poacher » Thu Dec 03, 2020 5:24 pm

This is at the margin but is it days or is it nights? Got caught out once in Indonesia when I counted nights and not the arrival day which was very late in the evening.
And I assume it's 180 and not six months so keeping track a bit more tedious - from January 1st that would be June 29th and each new date will creep forward (unless we stay away more than 90 days).
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Re: Rules for 2021

Postby Paul58 » Thu Dec 03, 2020 5:29 pm

Philipb1407 wrote:My question is, where do they start counting the days, the minute you land in Calais or the minute you cross the border at La Jonquera or Irun or coming through Andorra? Who records your arrival date and departure date? Are they reopening the border checks for Brits, I have a English Motorhome but I also have a spanish registered car? If I traverse customs in my motorhome, but travel home in my Spanish car after 90 days then go back in my Spanish car after 90 days then 90 days later come back in my motorhome how can they possibly know? I recon no one would ever know, so just ignore all the rules and carry on regardless..



ASAIK, your passport will be wet stamped, after 31st Dec 2020, at your point of entry into the Shengen area (EU) which in your case would be Calais.
If you are non EU resident, then you have 90 days to enjoy the delights of Spain/EU. It doesn't really matter which vehicle you travel in as it is your passport that will get stamped unless you are EU resident. Do be aware of the length of time you can spend in the UK with a Spanish registered vehicle.
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Re: Rules for 2021

Postby PGA » Thu Dec 03, 2020 5:34 pm

There is an iso app called Schengen calculator that I am trialling. Looked encouraging at first but then playing around with some dates the figures aren't looking correct on inputting multiple trips - which presumably is the only reason why you would even download the app.
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