bobd22

I agree only truly legal way is leave around 88/89th day stay at least a day in another country then return . However post Brexit that may not work dependant on shengen rules. To be fair Angus is in a catch 22 wants to live between the two but ensuring he keeps his fiscal residency in UK. Unfortunately EU freedom of movement don't really cover that situation as a longer term plan. I doubt anyone is going to go to expense of obtaining and rescinding residency every 180 days? Weighing up cost with health care etc. Its really up Angus how he does it.

Fred James

The current rules say that if you have registered, you cannot spend more than 180 days outside Spain, in total, without losing your right to reside. For people who have achieved permanent residency rights (after 5 years) you lose your rights after an absence of two years.

No one really takes any notice of either of these limits, especially the EU foreigners who spend most of the winter in Spain. However, these are the rules, but if they were enforced, Spain would lose significant revenue and the bureaucratic load ensuing from this would be impossible.

After the UK becomes a third country, a completely different, more stringent regime will apply under existing Shengen rules which could make illegal stays much more difficult. However the Spanish are pretty pragmatic about this and they are hardly going to deport thousands of rich Brits! I am almost certain, that whatever the outcome of Brexit, the Spanish government will be at the head of the queue to establish bilateral agreements with the UK to ensure that nothing significant changes.

Angus1

The answers on this thread have been really helpful, thanks everyone. It has helped me to decide not to progress with a 'temporary' residency application due to the longer term implications. I will just have to consider the 'stay in another country for a few days' possibility in the middle of the 6 months, particularly after Brexit if anything gets stricter. I agree with Fred, it would be a surprise if Spain decided to clamp down on British visitors after Brexit given the financial implications for them of encouraging Brits to leave when all they do is spend money in their country, but given the Gibraltar situation who knows whether or not they will get a bit stroppy with us. Hopefully common sense will prevail.

Fred James