Regarding 90days in 180 - Page 2

Hi, so theoretically speaking if you were to arrive on the first of each month and leave on the fourteenth of the same month and repeat the process for the whole year you would never exceed 90/180 is that correct?

Hi Rick

I guess that would work - can't see why not.

It’s rolling 6 months.  So you need to keep checking by looking backwards, for the previous 180 days to see if you infringe the 90 day rule.  If you are likely to infringe because you can’t travel home due to COVID, consider applying for a temporary extension to the 90 day tourist visa ( don’t know how prepared the authorities will be to do this ). The 90/180 day rule is for time in the whole Schengen area, not just Spain.  EU has warned infringement might result in A re-entry ban under immigration rules.

It is ok to tell the government to try, but it takes 2 sides and once you open up to one why not open up to all.

So list of countries UK, Egypt, Turkey, Russia, USA Spanish speaking south  and central America

Chances of getting a change is pretty well nil.

One of the costs of Brexit, if you or your family voted for it, and many families with places in Spain did vote to leave, this is what they voted for, the end to Freedom of Movement for the UK, control of borders for both UK and EU.

Doesn’t matter what nationality you are, unless you have residency in the country you are in the law is 90 days in 180. Some EU countries enforce this others don’t. The only 2 countries not endorsing the Schengen Treaty were Britain and the Republic of Ireland.

I wonder if you could help me by answering this question.

We are both UK citizens,living in the UK.  If my wife were to obtain an Irish passport through her father’s line, would we both be able to apply for residency at the same time or would she have to get hers first and then me apply as a spouse?

The UK was never part of the Schengen area.

EU citizens are not subject to the 90/180 day rule

https://ec.europa.eu/home-affairs/what-we-do/policies/borders-and-visas/visa-policy/schengen_area_en

The last paragraph reads

The definition of short stay of non-EU citizens in the Schengen area is "90 days in any 180 days period" The short-stay calculator can be used for calculating the period of allowed stay. The user's guideSearch for available translations of the preceding linkEN••• contains information on these rules, the use of the calculator and practical examples.

Note UK Citizens, not non Schengen Citizens

The law for EU citizens is actually 183 days in a year

For EU citizens there is no limit as they can get residency without jumping through hoops.

You become Tax resident if you spend 183 days in Spain automatically, I assume in a Spanish Tax year, Stating 1 Jan to 31 December and you should by law register yourself.

So the 183 days is to prevent you becoming Tax resident.

The situation for EU citizens has not changed and lots of them do spend more that 182 days in Spain, if they travel by land then there is no border checks so they can, but it is not right, a lot of UK citizens breached these rules prior to 31 December last year.