90/180 rule for Irish passport holders
 

Hi, Can someone clarify something for me please as I am receiving conflicting information regarding how long my wife and I can stay in Spain as Irish passport holders.
Some advice say that i can stay over the 90 days as as a European Citizen some say that I have to stick to the 90/180 rule and some say that I have to leave the EU for 24 hours before I can return for another 90 days.
Just to give some back story to my question, I am 65 years old and have owned a home in Spain for nine years I am now retired from work but don't reach pension age until November 2025 my plan was to go to Spain in March and stay until September then return back to the UK to prepare things ready to move permanently in either November or December 2025 when I have my S1 for my health cover.

I have emailed the Spanish embassy in Manchester to get clarification but they never even answered my email so i honestly don't know what is right or wrong and don't want to overstay and face a fine or being banned from Spain for a period of time.
I welcome any advise that is based on correct information but please do not reply unless you have such information and not just what you think may be the case,
Thanks in anticipation. David.

Re: 90/180 rule for Irish passport holders
 

Where is your property? I have found my local Town Hall very helpful. I would suggest you phone / e mail yours for confirmation :-)

Re: 90/180 rule for Irish passport holders
 

We are situated in Algorfa, Costa Blanca. That's a really good idea never thought of that it's worth a try.

Re: 90/180 rule for Irish passport holders
 

Under Spanish law, you are supposed to register your residence after 3 months and then you can stay legally as long as you like. There is tax implication if you stay longer than 183 days in a calendar year as that will make you tax-resident in Spain and subject to Spanish income tax. Some EU citizens stay under the radar (as many Britons did prior to Brexit). As Irish citizen you aren't subject to Schengen 90-in-180 days rule and your passport isn't stamped as you cross the border, and you will be exempt from forthcoming Entry Exit System and ETIAS.

Re: 90/180 rule for Irish passport holders
 

Not Spanish law, but EU law on free movement. Rest of is spot on.
I dont get it, why is it so hard for some to visit europa.eu and get info from source.
https://commission.europa.eu/strateg...d-residence_en

Re: 90/180 rule for Irish passport holders
 

Go back and read your source, it says "may". How you do this, if you do this, is up to each country's law. E.g. EU citizens don't need to do this in France, Ireland, or the Netherlands. When the UK was in the EU, it wasn't necessary either.

The worst that can happen in Spain is a fine, if caught, but there are more important things for the police to worry about.

Re: 90/180 rule for Irish passport holders
 

Eh? Read what? You are the one who needs to re-read this post.
This post is about ES, so try to stay focused.
As I pointed, it is an EU law that was adopted by ES with Royal Decree. EU law does provide (as you stated) flexibility on elective residence registration by member states.
Also, as far as I know, no EU national has been ever fined or penalized by ES for staying longer then 90 days without registration.

Re: 90/180 rule for Irish passport holders
 

OP, I'm not sure why you think an Irish passport holder would be affected by Brexit and be subject to the 90/180 day travel restrictions. Perhaps like me you used to be British but have now taken Irish nationality because of the dreaded Brexit?

Of course you have the privilege of EU freedom of movement and you are not subject to third country travel restrictions like British nationals. There is a supposed rule about EU nationals registering at the police station after 90 days but in all the years I've been involved with Spain (since 1998) I have not met one single EU national who has been through this procedure. It is not enforced and nobody can produce any precedents for enforcement. Someone on here said they had been through the procedure but when I asked them to produce a copy of the form they had completed, they posted a form for permanent residency which referred to "your new country".

So ignore it and stay for six months like other EU nationals. Interestingly, there are two British campaign groups in France and Spain who are trying to restore their pre Brexit rights to six month continuous stays in their holiday homes - good luck with that! A lot of British people like to labour the point about the apparent 90 day EU registration to make themselves feel better about the terrible loss of EU freedom of movement.

Re: 90/180 rule for Irish passport holders
 

The 90-day rule has existed for a very long time, but the clock is reset immediately after you leave the country, you can return 24 hours later. Clearly, this is unenforceable and pointless which is why no one ever bothered about a longer than 90-day stay until they became in danger of being deemed tax resident. However, as you only become a tax resident after 183 days in one calendar year, you could spend almost a full year in Spain and not risk tax residency.

Re: 90/180 rule for Irish passport holders
 

Yes Fred and i would guess it wasnt only Brits that ignored this rule.I would guess many other EU countries ignore it also. I see many German Dutch Belgian people with their cars here what appears full time still registered on their home country number plates.

Re: 90/180 rule for Irish passport holders
 

Before Brexit, most of them were UK registered!

Re: 90/180 rule for Irish passport holders
 

My French neighbour has lived here almost permanently for the last ten years.
He gleefully tells people that the freedom of movement act was the biggest godsend ever.
He only returns to France to buy a new car, every four years.

Re: 90/180 rule for Irish passport holders
 

I don't get your point... You tell the other poster to forget about Spanish law and go to the EU website for info on this, but clearly there are things specific to each country. I tell you so with examples, then you tell me to stay focused on Spain. Which do you want?

I also said that it's nigh on impossible for the police to find EU citizens who do overstay 90 days as they have better things to do which is also what you're telling me.

:blink:

Re: 90/180 rule for Irish passport holders
 

I hate repeating things, but here we go.
Free movement is EU law (directive) adopted in FULL by Spain with Royal Decree. There are NO specific "things" in said Royal Decree that vary from EU directive.

DIRECTIVE 2004/38/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 29 April 2004

Article 8
Administrative formalities for Union citizens
1. Without prejudice to Article 5(5), for periods of residence longer than three months, the host Member State may require Union citizens to register with the relevant authorities.

So, where is your example of "things" being different from EU directive?

Re: 90/180 rule for Irish passport holders
 

yes very true Fred