Talk Quesada forum

The information should be on the government website
https://www.inclusion.gob.es/en/brexit/ ... /index.htm

Lynn

SunnyDay wrote:I am a British citizen currently living in Spain and I have a TIE Temporary residency for 5 years ending in 2025 (I lived here before Brexit so I have residency under the Withdrawal Agreement).I am aware that to retain my residency I am not allowed to spend more than 6 months out of Spain each year. So, I need to spend 183 days per year in Spain.I am looking for a formal definition of what counts as a “day in Spain”.I have seen 3 different opinions

• YES - If you spend any time in Spain, even just a few minutes – so arriving at 11.55pm would count as a “day in Spain”
• NO - If you spend any time not in Spain, even just a few minutes – so arriving at 00.05am would not count as a “day in Spain”
• YES - If you spend midnight in Spain, that counts as a "day in Spain"

Is there a legal / formal definition of “a day in Spain” for residency purposes (not tax residency)?Thanks!

I thought that, for the first five years of residency, you couldn't leave Spain for more than six months at a time AND for no more than one year in that period

Glassfull wrote:
I thought that, for the first five years of residency, you couldn't leave Spain for more than six months at a time AND for no more than one year in that period

Correct, no more than 6 months in any one year but no more than 1 year in the first 5 years.

Under the 90 day rule, any part of a day is counted as a whole day. Not sure about the residency bit for days, though. Can't see why anyone would be counting minutes for travel, though. Any delay or plane arriving early might put that calculation into the long grass.

Life seems a bit too short to be doing that.

marcliff wrote:

Glassfull wrote:
I thought that, for the first five years of residency, you couldn't leave Spain for more than six months at a time AND for no more than one year in that period

Correct, no more than 6 months in any one year but no more than 1 year in the first 5 years.

Under the 90 day rule, any part of a day is counted as a whole day. Not sure about the residency bit for days, though. Can't see why anyone would be counting minutes for travel, though. Any delay or plane arriving early might put that calculation into the long grass.

Life seems a bit too short to be doing that.

Under the Withdrawal Agreement, I can have up to 6 months a year, every year. In theory, that could be 30 months in the 1st 5 years. If you didn't qualify for residency under the WA, then, you will not have those rights and will be subject to the limitations you mention.

Withdrawal Agreement explainer for part 2: citizens’ rights

Glassfull wrote:Can't see why anyone would be counting minutes for travel, though. Any delay or plane arriving early might put that calculation into the long grass.

Life seems a bit too short to be doing that.

I travel for work extensively, so will be in and out of Spain multiple times during the year. So the status of travel days will make a material difference to me.