Bomber Harris

And if what VEDshappy has posted isn't good enough, here's a link to the relevant Spanish law on it.
They're whinging about it because they can't get away with staying more than 90 days now.

http://www.exteriores.gob.es/Portal/...munitarios.pdf

Bomber Harris

No, you are the one getting confused, a stay of over 90 days is considered as residing in the country, whether it be for 91 days or permanently. Have you never wondered why less than 5 years is called temporary residency.

La residencia temporal es la situación que autoriza a permanecer en España por un periodo superior a 90 días e inferior a cinco años. Las autorizaciones de duración inferior a cinco años podrán renovarse periódicamente, a petición del interesado, atendiendo a las circunstancias que motivaron su concesión.

agree_to_disagree

Shappy, get a grip!!!

You using up useful space on this forum with your misleading posts, as highlighted by Lou71!

VEDShappy

Be sure, I'm not confused

agree_to_disagree

I guess you've missed your medication.

Lou71

You can't be resident in two countries at the same time. If you fully intend to return to the UK after 183 days, you then become resident in the UK again for the next 183 days. Are you seriously suggesting that people, like my British neighbours for example, should have gone to the police station and gone through the full residency application process in Spain every year when they came for six months? Obviously they can't do this now because of Brexit.

VEDShappy

Rule 4

VEDShappy

Short answer is "yes"

agree_to_disagree

Originally Posted by VEDShappy View Post
"You have little view of reality and a very limited imagination."

You started it mate!

Rule 4

Stingychips

Just because they don’t pay income tax doesn’t mean they don’t contribute. Brits I know spend cash By the bucket load.

Lou71

That sounds like complete nonsense to me and I have never met anyone who has done it. My neighbours' lawyer and tax specialist certainly didn't advise them to go through this procedure and they took professional advice because they didn't want to become resident in Spain. British people seem forget that unlike the UK, residency is not automatic in Iberia, you have to go through an actual process and apply.

It's all academic for the British now because you have lost rights to your freedom of movement anyway.

​​​​​​

agree_to_disagree

https://www.schengenvisainfo.com/con...schengen-area/

Useful info on this link about the implicatons of overstaying in the schengen area and applying for visas.

Bomber Harris

You can be a permanent resident of one country, and a temporary resident of another. Pre Brexit, I as a Brit with permanent residency in Portugal could move to Spain for up to 2 years without losing my Portuguese permanent resident status, and I would become a temporary resident of Spain.
183 days has nothing to do with physical residency, it doesn't feature in the EU Directive on free movement nor national immigration laws. It is however relevant (along with other criteria) in deciding where someone is tax resident as would happen in the situation if I did become temporary resident in Spain as described.
I'm just pointing out the legal obligation to report your temporary residence after 90 days, the fact many 'snowbirds' haven't bothered to comply doesn't make the obligation cease to exist.
Note the wording of of the EU Directive on free movement;
Union citizens shall have the right of residence on the territory of another Member State for a period of up to three months without any conditions or any formalities other than the requirement to hold a valid identity card or passport.
I have highlighted the word residence because the EU doesn't recognise what we would describe as a holiday, ergo a holidaymaker is a temporary resident.

DLC

The worse that could happen for staying in Spain more than 90 days without starting the residency process is a fine (it's stated in the 2004 directive) but if you wanted to do it legally, you could have a weekend in another country (EU or non-EU) to break your six month visit into two stays of less than 90 days.

agree_to_disagree

You are completely wrong DLC,

1) It is a rolling window so just popping out of Spain for a couple of days does not work!


2) "So, what happens if I overstay in Spain for more than 90 days?

You would be in an irregular status in Spain. As per article 53.1.a of Organic Law 4/2000, of January 11, on the rights and freedoms of foreigners in Spain and their social integration, this is supposed to be a serious infraction and it may be punished rather with a fine (from €501 up to €10,000) or with banishment from Spain, depending on the case and then being fined.

In the event that they consent to the ejection, you may likewise be restricted from entering Spain for a time of a maximum of 5 years (anew, depending on the case and scenario).

In case of receiving a fine, the authorities in Spain will inform you if after being irregularly in Spain, you need to leave the country or not and, in case you must leave the country, how many days you have to do so. Theoretically, once such a leaving period had expired without you leaving the country, they may open an expulsion procedure. But usually they do not do that."

https://www.spain-help.com/legal/overstaying-in-spain/