Do I need a Padron - Page 3

Sorry, ment no harm, just worried you would end up in big trouble.

We have friends in a very similar position, and they have been strongly advised by solicitor, to get residence asap, as the authorities will enforce the 90 day rule soon.

Good luck.

No worries, I took no offence - it was natural that you would be curious, I would also. I spoke with our Gestor yesterday who calmed our nerves about everything and we're satisfied now. 

That's interesting about the Spanish  imposing the 90 day rule. Our documents were not checked when we last came through the airport but perhaps it's a work in progress.  Thanks for filling me in.

Correct me if I am wrong

The 90 days in 180 is for persons from 3rd countries where the EU Schengen area is concerned, so does not apply to EU citizens, they have freedom of movement.

Countries in the EU have other rules about registering as resident, these apply to EU citizens, Spain as I understand if you are in Spain over 90 days the authorities like you to register, and you must register if you are in Spain over 183 days in the calendar year, in France you must register if you are there for 90 days.

Nothing stops you as an EU citizen from taking a trip from UK or ROI and spending 70 days in France, 80 days in Spain, 60 days in Portugal then 30 days in Spain and back through France again 40 days and home, a round trip of 280 days and no rules broken, you are still tax residend in your home country.

Yes that's my understanding too. But if you want to stay in Spain for longer than this rule allows, my question is how do they know how long you've been in Spain? Because our passports are never checked when we come through the airport.

 This may change now that Brexit has happened but if you are not from the UK or Northern Ireland or anywhere else in Europe, what's the story then?  I have heard on this forum that a solicitor told someone that the authorities are planning to tighten up on entry requirements but as things stand if an EU citizen arrived in Spain say last Oct how do the authorities know how long they've been here if no documents were checked on entry? Would really love to know the answer. 

Many people owning property here from other European countries want to come for longer than 90 days. Typically those I know like to come for six months, Jan to June and maybe again from Sept. to Oct/Nov. That would be quite normal and even though it's not legal it appears the authorities have turned s blind eye up to now. Dies anyone know of a change of attitude?

It was never enforced when UK was part of EU but will be now with consequence  fines and refusal of future entry. Even if passports are not stamped there are many ways of tracking movements and it would be your responsibility to prove how long you’ve been here not the authorities. Not worth the risk to try to overstay.

The effect of Brexit on UK passport holder, as with other non-EU passport holders) but not for holders of passports of EU countries.

Don't confuse the Past with the Future

Till 31/12/20 UK was for the purpose a EU member, now you go through the all passports’ lanes at Airports.

If you travel by air the airline informs them of your passport number and name, by tunnel Eurotunnel ask for who is travelling in advance to they can report your arrival in the Schengen area.

When you had freedom of movement there was no need for passport stamps, so please forget the past it is irrelevant, and these new rules do not apply to EU passport holders, I know Russians who own in Spain they stick to the rules, this may be a message that wayward UK passport holders need to understand.

Thanks for that but for an EU citizen is it the same?  I am an EU citizen and am wondering if the authorities now check everyone, not just UK citizens.  I am still unsure.

Yes Chrissy, I understand but am still wondering if an EU citizen will be subject to the same level of scrutiny as UK citizens?  Does anybody know if the authorities intend to check all entries to Spain to see if they are adhering to the 90 day rule?  I am not a UK citizen. Thanks for any advice.

Hi, the moment you book a flight you have to enter the passport details, these can be checked by any authority wanting to know who is coming or going.

They will check shortly, according to Spain, who is here, and been here for 90 days or more.

The Spanish police could stop you at any time, and ask for identification, which will be recorded, car tax, IBI, all give your details,so they will know.

In addition, if you have a property in Spain, and have a Spanish bank account, they will be checking bank accounts now, and will check why people are not residents, and changed their bank account status.

We have been told to check ours by the bank, that it was updated.

Spain is only to pleased to catch up with all that are here, as it means money to them, and not declaring things bring very heavy fines, we had good advice from our bank and accountant, and they were right, according to our solicitor.

Hope this helps.

That's great information and thank you so much for your informed reply. Now I understand the situation. Of course they could check that way, I didn't think of that. Being me though I do have another question:-)

It's only an opinion I'm after because I think nobody knows the answer for sure.  Why do you think they might pursue this more diligently now? I mean if property owners are spending more than 90 days etc. they are also spending money and supporting local businesses etc. Surely long term tourists would be quite a cash cow, especially considering the huge numbers that spend so much time here. I always surmised that was the reason the authorities didn't pursue this previously.

If they start imposing fines now for overstaying, wouldn't that be a short term gain? If that became common practice there would be many people selling up and then that stream of income into the Exchequer would dwindle away. That wouldn't be very popular with business owners & it would have serious political consequences long term I would think. It's mostly seniors who are able to give Spain that amount of time and I wouldn't think many of them would pose a significant concern. I guess the rules are there for a reason but there has to be an explanation as to why this rule was never imposed,  or rarely imposed, before.

Like I said it's just your opinion I'd like, in case there's an answer I haven't thought of.  You've been able to satisfy my curiosity before so I think you're opinion would be very useful.