Talk Quesada forum

marcliff wrote:If you are a resident it doesn't count.

Sorry but that's wrong and confuses residency with citizenship.

EU citizens enjoy free movement, UK citizens merely resident in Spain (or any other EU country) will be tied to the same 90 day in 180 rule as if they had travelled from UK.

How that could be policed or enforced is another question altogether and TBH it's hard to see how it could be so in practice there would be little to prevent you following a nomadic lifestyle tramping around the EU at will if you so chose.

I suppose if you came to the attention of the authorities in another country where you'd overstayed 90 days you might face some awkward questions but that's about it and what would they do about it anyway, tell you to leave?

Good point, I wondered how it would be policed, if you travelled via France then Portugal then back into Spain , Although I haven't read anywhere that the 90 day rule is set in stone yet only speculation, perhaps someone could point out were it is a legal document to be enforced by E.U. or are we still at the speculation stage of as what could happen ,at the end of the transition period ,? which some say could now be extended,

Sorry Annie I misread your post. I thought you were talking of staying in Spain as a resident.

If you are a resident in Spain, regardless of your citizenship, you will have the same rights in Europe as you have now. The 90 day rule should be in operation for everyone already but they never bother as there are no border checks. Even a full Spanish citizen is supposed to abide by the 90 rule.
Having Spanish residency will give the same access to the EU as you have now, that is the 90 days. This is the way it is supposed to work now.
The only difference will be the right to work in another EU country although the rights of current cross border worker will be protected (eg, living near the border in Spain and working in France or living in Spain and working in Gibraltar).

There is another little known element to being a non EU citizen resident in the EU and that is it's technically possible to transfer residency to another country.

There are of course some conditions attached to that one being that any application to move must be made while you are still living in the first country so you can't relocate and apply afterwards.

Being designed for non EU citizens in the first place the rules governing such moves should not be affected by Brexit but whether in the future they could be exploited by erstwhile EU Brits wishing to move elsewhere I couldn't say.

All this discussion is time in Spain,
this is an incorrect reference.
It is 90 days including start and end days of any stay in the Schengen Area,
so take off any Stays in other countries in the Area. It four nights in Italy would take 6 days if you go from UK and back.
Different countries have different levels of strictness and Penalties.

There was a post on here some months ago saying some sort of 5 year permit was being negotiated. That could help snowbirds to have more than 3 months over here, but still stay within the 183 day per year tax rule. It was to be subject to Spanish and UK agreement.

Not heard any more yet.

Jonnno wrote:There was a post on here some months ago saying some sort of 5 year permit was being negotiated. That could help snowbirds to have more than 3 months over here, but still stay within the 183 day per year tax rule. It was to be subject to Spanish and UK agreement.

Not heard any more yet.

That would be good if it becomes a reality, but we hear very little of anything on the negotiations, lets hope they sort something as 90 days in 180 does not work well for a lot of ex-pat owners in Spain.

If you hear more be sure to post details.