90 days rule for spouses?

I've an Irish passport, my wife an English one.

A friend, whose husband has just got his Irish passport, says that she can now go to the EU for as long as she likes, so long as she is accompanying her husband.

This really surprised me. Can she be right please?

Yes

Not quite as easy as Yes. Even with a EU passport you can only stay in one EU country for a maximum of 90 days. After that you must sign on the register of EU citizens residing in Spain. If you go over 180 days you will be classed as a tax resident.

Your wife can accompany but if she wants to stay over 90 days she must also apply for residency which is easier as the wife of an EU citizen.

You can go to another EU country for up to 90 days as well and your wife can accompany you. But no-one can stay in one country for as long as they like. The 90 days in 180 in the EU does not apply to EU citizens but no longer than 90 days in each without signing on the register.

You can also come over for 90 days, leave for a short while and then another 90 days as long as you don't exceed the 180 days in one calendar year. Or, if you both have the residency cards, come over for up to 6 months in one go.

I guess the Spanish course you mentioned on previous posts didn't work out then?

https://www.talkquesada.com/quesada-general-discussion-f9/way-to-bypass-90-day-rule-t71351.html

Haven't properly started looking for one yet, though very open to suggestions, if you've any.

Thought it best to follow any lead.

Always better to have more than one avenue to go down

This is a recent question and answer from CostaLuz Lawyers Blog similar to your query:

Aug 1st 2023.
Hello,
I am Irish, my civil partner is non EU but has pre settled status in the UK. Can you please advise if when we travel together to Spain to my house does it count towards the 90/180 rule?
We were advised some time ago that it would not apply to my partners circumstances as we were travelling together.
Thank you for your response.

MARIA LUISA CASTRO
AUGUST 1, 2023 AT 7:40 PM
Dear Anthony,
Your question regarding the 90/180 rule for your non-EU civil partner is a complex one, and it hinges on the interpretation of the EU’s rules for family members of EU citizens.
The 90/180 rule generally applies to non-EU citizens who are visiting the Schengen Area (which includes Spain), limiting them to stays of up to 90 days in any 180-day period. However, the rule does not apply to non-EU family members accompanying or joining an EU citizen who is exercising their right of free movement.
Since you’re an Irish citizen, and Ireland is part of the EU, your partner could potentially be exempt from the 90/180 rule when traveling with you to your home in Spain. However, there could be other factors at play, and the interpretation of these rules can vary.
Main point to consider is that you can prove the reality of that civil partnership through records in a Registry. If that exists, there is no problem for her to stay with you longer than the 90/ 180 days but you will have to register as resident in Spain before the 90 days expire.
It’s important to remember that although the European regulations set a deadline of three months, it is advisable that you register as soon as possible once you decide that you will stay in Spain for a period longer than these three months.
Please feel free to reach out if you have any further questions.
https://costaluzlawyers.es/blog/the-sch ... explained/

This is a link on how to go about getting the Spanish EU Residency Cert


https://www.immigrationspain.es/en/eu-r ... foreigners.

Check out the 183 tax rule with a Spanish Tax Expert. You could ask Paul from ThyWillbedone - https://thywill.es/ who posts on this site to help you get an official ruling as it is not always the case that you are a Spanish tax resident after 183 days if your family home and ties and source of income is not Spain.


Bee

Big thanks to Bee for that fulsome, informative response