Be happy

Ok / I didn’t know how to ‘title’ this query. Hope you got the right idea.

we are in Scotland but we are retiring but will have homes in Scotland and Spain (currently have one in Puerto Banus but moving to la Cala) had thought of postponing Scottish property for a few years. Our current home Scottish goes on market tomorrow. Our current Spanish home is on market 👍

Say we decide not to go for residency ... how long do we need to leave Spain after the 183 day deadline ? And can you come back ... 183 days go back again ..,
is there a document anyone can copy and paste link to save someone texting all the info - I’d be much appreciated 👍🤩

missile

I am not sure I understand your question?
You do not choose residencia. If you search, you will find quite a few posts discussing the topic which you may find helpful.

Fred James

It’s very simple. The Schengen rules allow to spend 90 days in the Schengen area in any 180 day period. Do not confuse the 183 days, which applies to tax residency, with the rules for non residents.

Be happy

ok thanks will do.

i would like to be resident but some folk are suggesting that as we don’t won’t to emigrate as we intend to and will eventually have homes in both countries (Spain & Scotland) that maybe residency is not something we need but we need to know rules around not overstaying our Welcome! Does that make sense ??

missile

Hi, I would not worry about it too much. If you spend 91 days in 180 or 184 in any tax year, no one will care.

I know several who have lived permanently in Spain for many years without applying for residency. They are clearly breaking the rules.

Be happy

tbh I wanted to ask that but don’t want to look like I want to flaunt rules 👍

we’ve got an apartment near marbella and we do a tax return every year and we have our NI numbers etc and want to dot i and stroke T but also want to do what’s best for my family so it’s no trouble for us to leave every 6 months or so ... what is the time period prior to return ???

Fred James

It's not every 6 months "or so". As a non resident, you will only be allowed to spend 90 days in Spain in any 180 day period. After 90 days you cannot go back to anywhere in the EU (Shengen Area) until another 90 days have passed. That is a big change from what was allowed before Brexit. That of course assumes that the Spanish border controls enforce it.

Be happy

cool ! And how long do you need to leave in brexit ?? It’s not a problem as we will be retired but need a I know to weigh up whether to go for residency or come back to Scotland . But don’t want to break laws hence why we want to know 👍

bolton wanderer

At the moment the same rules for UK non residents apply as when you bought your first Spanish property.... (Max stay of 90 days visit in any 180 days). so if you visit for 90 days you will have to wait 90 days before you can return. However, this has never been actively enforced while the UK was in the EU and many non residents have stayed for considerable longer than 90 days!

Now that the UK has left the EU, and for "security" reasons, the EU is about to actively enforce this 90 day rule by using the ETIAS visa waiver. Travel dates are likely to monitored more closely and overstays could attract penalties.
The ETIAS will apply to both expat Spanish residents and UK residents if either have a UK passport. This would also enforce the rule that Expat residents must reside in Spain for longer than 183 days.
see ETIAS for more info'

updated info here.....https://www.etiasvisa.com/etias-news...ct-uk-citizens

Joppa

Because of Brexit and the implementation period we are now in, you have to make a decisive move before the end of this year. If you from 2021 want to spend more than 90-in-180 days in Spain, you have to move to Spain this year and apply for residency. Then you are not bound by Schengen rule for short-term traveller but can come and go as you like with a few provisos which I will explain. Spanish resident means your main home is in Spain and you pay tax on your worldwide income and assets (if applicable). Until you qualify for permanent residency, which takes 5 years, you can be away from Spain for up to 6 months each year, and once you gain permanent residency you can be away up to 5 years without losing your residency. So this residency is once-in-a-lifetime opportunity to lock in your rights under the Withdrawal Agreement and you only have 10 months to make the move. You can still retire to Spain from 2021 but you will be treated as Third Country national, like US citizen, Canadian, Australian, Chinese or Russian, and will need a visa to stay longer than 90 days and have to meet much higher thresholds for income, medical etc. Well, EU citizens will face similar hurdle for living, working and retiring in UK from 2021 unless they establish UK residency under the Settlement Scheme by the year end.

Notdunroamin

Border controls will only apply to arrivals by air or sea, there certainly won't be any on road or rail entries.

missile

It remains to be seen what agreement if any BoJo will negotiate. It seems unlikely (?) that EU countries will cooperate sufficiently to record Brits who e.g. enter the EU via Spain and leave via France.

The OP is from Scotland. If and when Jock's get independence they intend to rejoin EU.

Roses are red violets are blue.
You have a blue passport.
Join that very long queue

Casa Santo Estevo

Not quite correct. The only way to get to mainland Europe by road is with the use of a ferry. There are passport controls at all ferry terminals. The UK is with or without Brexit not within Schengen Area. Therefore both sides of the channel have passport control even on the day I write this.

Casa Santo Estevo

Jock's... really did you write that????? On to the naughty step with you.

Be happy

lol not offended ! Thanks for help all 👍👍