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90 day restriction

Posted: Fri Jan 20, 2023 5:07pm
5 replies439 views6 members subscribed
Flo58

Posts: 177

20 helpful points

Location: Camposol

Joined: 2 Feb 2018

Hello

Can anyone help with this please. I am watching A Place in the Sun and today there is a couple looking for property in Spain. He is British, married to a woman from Lithuania. The presenter stated that because of this marriage the man can get past Spanish Residency rule and stay as long as he likes. I am married to a man from Croatia, also still happily in the European Union. Does this mean that I too can use this loophole to get past the 90 day rule??

If anyone knows, or is in a similar situation to me, I would love to hear from you!

Thanks 

Fl

Mags44

Posted: Sat Jan 21, 2023 2:37am

Mags44

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Posts: 722

599 helpful points

Joined: 1 Sep 2019

Posted: Sat Jan 21, 2023 2:37am

Flo58 wrote on Fri Jan 20, 2023 5:07pm:

Hello

Can anyone help with this please. I am watching A Place in the Sun and today there is a couple looking for property in Spain. He is British, married to a woman from Lithuania. The presenter stated that because of this marriage the man can get past Spanish Residency rule and stay as long as he lik...

...es. I am married to a man from Croatia, also still happily in the European Union. Does this mean that I too can use this loophole to get past the 90 day rule??

If anyone knows, or is in a similar situation to me, I would love to hear from you!

Thanks 

Fl

The presenter failed to explain that the Lithuanian lady should have no problem applying for Spanish residence as she is an EU citizen but her husband still has to apply for his own residency under the current rules for British citizens. What the couple can do though, is spend longer than 90 days in Spain but he can only do this if he is travelling with his wife. This would not be the case if they want to relocate permanently though. The Citizens Advice Bureau Spain's website and Facebook group has a lot of information available on this subject. 

https://www.citizensadvice.org.es/   

https://www.facebook.com/groups/171561296334693

Flo58

Posted: Sat Jan 21, 2023 12:09pm

Flo58

Original Poster

Posts: 177

20 helpful points

Location: Camposol

Joined: 2 Feb 2018

Posted: Sat Jan 21, 2023 12:09pm

Mags44 wrote on Sat Jan 21, 2023 2:37am:

The presenter failed to explain that the Lithuanian lady should have no problem applying for Spanish residence as she is an EU citizen but her husband still has to apply for his own residency under the current rules for British citizens. What the couple can do though, is spend longer than 90 days...

... in Spain but he can only do this if he is travelling with his wife. This would not be the case if they want to relocate permanently though. The Citizens Advice Bureau Spain's website and Facebook group has a lot of information available on this subject. 

https://www.citizensadvice.org.es/   

https://www.facebook.com/groups/171561296334693

Thank you for that very helpful information.

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Anni20

Posted: Sun Jan 22, 2023 2:31pm

Anni20

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Posts: 409

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Joined: 26 Dec 2019

Posted: Sun Jan 22, 2023 2:31pm

Mags44 wrote on Sat Jan 21, 2023 2:37am:

The presenter failed to explain that the Lithuanian lady should have no problem applying for Spanish residence as she is an EU citizen but her husband still has to apply for his own residency under the current rules for British citizens. What the couple can do though, is spend longer than 90 days...

... in Spain but he can only do this if he is travelling with his wife. This would not be the case if they want to relocate permanently though. The Citizens Advice Bureau Spain's website and Facebook group has a lot of information available on this subject. 

https://www.citizensadvice.org.es/   

https://www.facebook.com/groups/171561296334693

Hi Mags44

I found your post very interesting, I will do some further research on the sites you posted but for now do you know if the rule about a spouse being allowed to be in EU for more than 90 days applies for a common law / partner (not married 😂 )

Thanks…

Mags44

Posted: Sun Jan 22, 2023 3:00pm

Mags44

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Posts: 722

599 helpful points

Joined: 1 Sep 2019

Posted: Sun Jan 22, 2023 3:00pm

Anni20 wrote on Sun Jan 22, 2023 2:31pm:

Hi Mags44

I found your post very interesting, I will do some further research on the sites you posted but for now do you know if the rule about a spouse being allowed to be in EU for more than 90 days applies for a common law / partner (not married 😂 )

Thanks…

Ahh, now that I don't know! The finer points are probably also explained in the information that the CAB Spain has on their website.

sdb137

Posted: Mon Jan 23, 2023 5:06pm

sdb137

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Posts: 1006

572 helpful points

Location: Camposol

Joined: 21 Jan 2018

Posted: Mon Jan 23, 2023 5:06pm

Hi,

There are so many answers, and all different.

I can only say, if you are not a EU passport holder, you will come under the 90 day rule.

You can take out residence here, but now complicated, and expensive.

If your partner is a EU passport holder, apply on the back of them in their country to get a EU passport, ( ie my partner is a Maltese passport holder, so I have now got a Maltese passport on the back of them, so now a EU citizen ) although Spanish residence taken out.

Our friend has a Irish passport, but  his partner does not, so subject to 90 days, the Irish government say she has to live in Ireland for a minimum of 2 years to apply for a Irish passport.

Yet we spoke to a couple who are in the same situation, and they said they simply show their marriage certificate at the border control, which shows she is married to a EU citizen with Irish passport, and they let them in, no 90 days enforced.

So what is right?

Others will have different answers, but you need to be sure.

Would consult the Spanish Embassy, and get it in writting.

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