Mark604

So if your partner is EU and you are not, but travelling with them, you can stay 183 days. If you are not EU but a resident of an EU country the same applies, i.e. without partner then just 90/180 but travelling with EU partner then 183 - the residence of an EU country by yourself makes no difference if travelling alone.
So any EU citizen can stay in any EU country for 183 days, correct?
A small point but the comment below gives the impression Germans are overstaying when in effect October to March is ok as it is (more or less) just their full allowance and any other talk of them overstaying can only refer to if they have stayed over 183 days -

Mark604

As an addendum, "travelling with" or "travel together" your EU spouse - has he/she has to be present in Spain with you the whole 183 days or can he/she leave and come back? So imagine my wife is EU and I'm not, we enter by road, after a couple of weeks she flies off somewhere then flies back a couple of months later and stays until we then leave again by road, 183 days after we/I arrived by road.
I presume that scenario isn't ok and in any case I appreciate it is up to me/us to prove we have been together the whole time then.
Bear in mind I'm not trying to avoid the rules, just having thoughts as the the practicality of the regulation.

missile

AFIK, an EU citizen can stay in any EU country / schengen area for any number of days.
You might want to consider applying for citizenship?

Bomber Harris

EU citizens and their spouse do have greater freedoms but even those freedoms are subject to compliance with Articles 5, 6, 7, 8 and 9 of EU Directive 2004/38, and most member states exercise their right under Article 8 requiring people to register their presence in the host member state.

Mark604

"...an EU citizen can stay in any EU country / schengen area for any number of days."
I tend to think if an EU citizen wants to stay in a different EU country for more than 183 days, they have to become a resident.
If I wanted to stay in a different EU country than the one I have residence for I would apply for citizenship or residence there. But I don't. I'm quite happy where I am, visiting other EU countries and abiding by the limits. That's good enough for me.

bobd22

I thought that after 90 days even if from Schengen country one should sign the foreigners register as UK citizens were required to do pre Brexit? Which really entailed obtaining residency and was often ignored.

VEDShappy

My point was not concerning the length of stay, it was regarding the non registration.

bobd22

My understanding and yours seems to be the same.

bobd22

This link shows need for registration to stay over 90 days.
https://administracion.gob.es/pag_Ho...o-general.html

Lou71

I have yet to meet a EU tourist who has registered after three months but I'll take your word for it. Obviously they cease to be a tourist and apply for full residency if they decide to permanently relocate but not when visiting for six months. My British neighbours didn't register either but they can no longer stay for six months thanks to Brexit.

bobd22

That's true and there used to he endless disagreements on this subject pre Brexit for a rule that was often ignored but by not only British but other EU citizens who stayed in Spain over 3 months. It is a fact though that its an EU rule.

VEDShappy

What people do and what they should do are frequently two entirely different things.
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Lou71

You are supposed to apply for residency if you intend to relocate permanently and you are automatically tax resident if you stay for more than 183 days.

Nobody is going to apply for full residency if they are only staying for six months which entails changing their driving licence, tax status etc, it's a complete nonsense. What happens when they go home after six months, they change their driving licence and tax status back to their host state again?

Presumably there is a visitor register at police stations but I don't know of any EU national who has gone through this procedure - another member referred to a German tourist in Mazarron.

Bottom line, EU nationals can travel throughout the EU unhindered, UK nationals can't and will be fined, banned and deported if they overstay.. unless they have an EU partner.
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Do we know the nationality of the OP's partner?

bobd22

I am aware of all of the above. All I am saying is it is in EU residency legislation that after 90 days one should per their rules sign on the foreigners register. It used to be a hot topic of conversation on here pre brexit and I agree I doubt anyone ever bothered just to stay for 5 or 6 months. I mentioned earlier in the thread that I would guess that not only Brits ignored the rule but other EU countries also. The fact that the rule isn't followed isn't the point, if a forum member asks what the rules are surely we should tell them the answer to best of our knowledge, what they choose to then do is up to them.

bobd22

There is no seperate register for this at police stations in Spain. The correct procedure is to obtain the the green registration certificate which pre brexit we referred to as green residency card. You would obtain a temporary one which I would guess would be valid for 5 years. The procedure to get that certificate is exactly the same procedure one used to obtain the same card for residency pre brexit and TIE cards. Whether one should return and cancel it at the end of 6 months or retain it for future stays which may occur of over 3 months I don't know? Because it is basically the exact same procedure and requirements for obtaining residency is why it was ignored. The rules however are over 3 month stays it should be registered that applies to all EU nationals Schengen or not.