Talk Quesada forum

interesting post with lots of information. we have a holiday home and pop out every few months from 1 week to 3 weeks depending on the time of year. I Have never been certain whether the 90 day rule means no longer than 90 days in one visit or is that the max number of days you can spend in Spain throughout full year. if it is a full year would that run Jan - Dec ?
Any clarification would be greatly appreciated. Thanks & Regards Alan

Hi, just to be clear we are not thinking of moving back to Spain permanently, but just that we would most likely be here more than 90 days per year in the future (if permitted).

Also regarding another posters comment, there are many of us who spend more than 90 days in each of our two countries of 'residence'. Some go back for the summer, others come to Spain for the winter. For people who maybe have relatives to visit in a third country (e.g. Australia or Canada like people I know) this can be more. Nevertheless one can only be domiciled in one country for fiscal purposes as I understand it. For us that is currently the UK and will probably remain so.

Marcliff's comments are spot on (as usual).

And you need an extended visa to go to Australia or Canada for more than 3 months. Possibly the same as it will be for the EU later on.
Visas (ETA) to those countries are only about 7 or 8 quid so just another piece of paper to get.

Paul Uden wrote:regarding another posters comment

If that's aimed at me then I was simply making the point that your previous and lapsed Spanish residency counts for nothing now and that in terms of the days you will be permitted to spend in Spain in the future you stand to be treated the same as any other non EU citizen.

ajf1950 wrote:interesting post with lots of information. we have a holiday home and pop out every few months from 1 week to 3 weeks depending on the time of year. I Have never been certain whether the 90 day rule means no longer than 90 days in one visit or is that the max number of days you can spend in Spain throughout full year. if it is a full year would that run Jan - Dec ?
Any clarification would be greatly appreciated. Thanks & Regards Alan

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Nobody knows as yet. However, if we are treated the same as other countries, then it would be up to 3 months (90 days) with no visa twice a year and the year is consecutive, not a calendar year.

That means you could spend 180 days a year in Spain as long as one visit doesn't last longer than 90 days.
Obviously, the gap between visits would have to be decided and we will just have to wait and see what happens.

Thanks Marcliff
That’s helpful. Do I have this correct - as it stands it’s up to 180 days in a 12 month period with an exit from Spain after 90 days. After Brexit we will have to wait and see. ??

ajf1950 wrote:Thanks Marcliff
That’s helpful. Do I have this correct - as it stands it’s up to 180 days in a 12 month period with an exit from Spain after 90 days. After Brexit we will have to wait and see. ??

Currently if you stay over 183 days you become a fiscal resident and have to pay income tax in Spain on your worldwide income.
Stays, at the moment, should be no more than 90 days but as nobody makes a record of when you arrived or when you are going to leave then a blind eye is turned to it. After Brexit then nobody knows and it's all conjecture at the moment.
However, the way 3rd country citizens are treated could be a good indication.

ajf1950 wrote:Thanks Marcliff

That’s helpful. Do I have this correct - as it stands it’s up to 180 days in a 12 month period with an exit from Spain after 90 days. After Brexit we will have to wait and see. ??

As the UK opted out of the Schengen agreement, once FoM (Freedom of Movement) ends, UK citizens will be allowed to spend a maximum of 90 days in a rolling 180 days period in the Schengen travel zone. So, you could come to Spain for 90 days, but would then need to return to the UK (or any other non-Schengen zone country) for 90 days, before being able to re-enter Spain. Of course, you may want to come for shorter periods - 6 weeks here, 6 weeks there - but in that case, it would make sense to use a calculator to ensure you don't exceed the 90 days in 180 rule:

https://www.schengenvisainfo.com/visa-calculator/

As Marcliff has said, following Brexit movement across UK and EU borders will be monitored - overstaying could result in you being refused entry to Spain. You also need to bear in mind that if you travel to Spain via, for example, France, the 90 days would start to count down as soon as you land in France, rather than Spain, because France is another country in the Schengen travel zone.

Thanks Paulr
The sooner we get Brexit clarified the better then we will know where we stand. The speed our politicians go at I am not holding my breath. Cheers.