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90 day use of spanish property

Posted: Wed Sep 15, 2021 1:16pm
8 replies551 views4 members subscribed
Vera

Vera

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I am aware that ypu can basically use your home for 180 days in total out of any 1 year but in 2x3 months if that makes sense i.e. if i decide to use my home when purchased for a year as holiday home before i apply for residency can i split the 180 days however i wish??. Say 1 month at a time or break up into weeks so long as i dont spend more than 180 days in total.in spain( break it up over the year)?

DarioMartin

Posted: Wed Sep 15, 2021 10:10pm

DarioMartin

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Posted: Wed Sep 15, 2021 10:10pm

No, you can stay a maximum of 90 days in any 180 day period.  So if you stay for 90 days, you must then exit the Schengen zone for the equivalent period, i.e. 90 days.

It is not per calendar year, so you can’t roll two 90 day periods back to back, it is a rolling 180 days.  If you plan to come back and forth, the best idea is to use one of the various free online Schengen Visa calculators to make sure you don’t end up  overstaying.

Overstaying by a few weeks could have a disastrous effect on any future residency application.

Vera

Posted: Thu Sep 16, 2021 7:06am

Vera

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Posted: Thu Sep 16, 2021 7:06am

DarioMartin wrote on Wed Sep 15, 2021 10:10pm:

No, you can stay a maximum of 90 days in any 180 day period.  So if you stay for 90 days, you must then exit the Schengen zone for the equivalent period, i.e. 90 days.

It is not per calendar year, so you can’t roll two 90 day periods back to back, it is a rolling 180 days.  If you plan to come back and forth, the best idea is to use one of the various free online Schengen Visa calculators to make sure you don’t end up  overstaying....

...

Overstaying by a few weeks could have a disastrous effect on any future residency application.

Hi and thank you for that. I am looking to apply for residency but may just use it as a hol home for 1st year till i adjust&get use to my new life rather than just move as never been to spain.

DarioMartin

Posted: Thu Sep 16, 2021 7:59am

DarioMartin

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Posted: Thu Sep 16, 2021 7:59am

Vera wrote on Thu Sep 16, 2021 7:06am:

Hi and thank you for that. I am looking to apply for residency but may just use it as a hol home for 1st year till i adjust&get use to my new life rather than just move as never been to spain.

Ok, but just remember when you apply for residency, once your NLV has been granted, you have 90 days in which to take it up - i.e. move to Spain, then on arrival, 30 days in which to apply for your TIE.  Once you have taken up residency, you may not be absent from Spain for more than 10 months aggregate in the first 5 years.

So if you want to get used to Spain, do not apply for residency until you are absolutely certain you want to live here.  If you don’t really know the area, it may be better to come across for a few weeks and take a short term rental whilst you have a look around and decide what area would suit you best.

A successful residency application “stops the clock” on any counting of previous time spent here in previous 180 days, but it starts the clock on you migrating here permanently.

Vera

Posted: Thu Sep 16, 2021 8:12am

Vera

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Posted: Thu Sep 16, 2021 8:12am

DarioMartin wrote on Thu Sep 16, 2021 7:59am:

Ok, but just remember when you apply for residency, once your NLV has been granted, you have 90 days in which to take it up - i.e. move to Spain, then on arrival, 30 days in which to apply for your TIE.  Once you have taken up residency, you may not be absent from Spain for more than 10 mont...

...hs aggregate in the first 5 years.

So if you want to get used to Spain, do not apply for residency until you are absolutely certain you want to live here.  If you don’t really know the area, it may be better to come across for a few weeks and take a short term rental whilst you have a look around and decide what area would suit you best.

A successful residency application “stops the clock” on any counting of previous time spent here in previous 180 days, but it starts the clock on you migrating here permanently.

Hi i will be coming on an EU Passport so dont need NLV and i will come for a couple weeks to get a feel of areas hence i will use home as a holiday home for 1st year

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DarioMartin

Posted: Thu Sep 16, 2021 12:40pm

DarioMartin

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Posted: Thu Sep 16, 2021 12:40pm

Vera wrote on Thu Sep 16, 2021 8:12am:

Hi i will be coming on an EU Passport so dont need NLV and i will come for a couple weeks to get a feel of areas hence i will use home as a holiday home for 1st year

In which case ignore previous 😁

EU Passport (Irish I presume) leaves you free to do just that - the only restriction there is that once Residencia is obtained, you must spend a minimum of 183 days a year in Spain to maintain continuous residency.  This of course will make you tax resident in Spain as well

Vera

Posted: Thu Sep 16, 2021 12:51pm

Vera

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Posted: Thu Sep 16, 2021 12:51pm

DarioMartin wrote on Thu Sep 16, 2021 12:40pm:

In which case ignore previous 😁

EU Passport (Irish I presume) leaves you free to do just that - the only restriction there is that once Residencia is obtained, you must spend a minimum of 183 days a year in Spain to maintain continuous residency.  This of course will make you tax resident in Spain as well...

...

Hi yes i know i will be in tax system once i spend more than 183 days so another thing to look into. Soooo much to sort lol

DarioMartin

Posted: Wed Sep 22, 2021 11:22pm

DarioMartin

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Posted: Wed Sep 22, 2021 11:22pm

This post that was quoted has been deleted.

Correct, after 5 years, an Irish passport holder may be absent for up to two years.  UK passport holders are granted up to 5 years absence when permanent residency attained, but that was because of the deal that was struck by … I think it was David Cameron.  All other EU countries get 2 years absence allowed, but as a permanent resident, even if absent for more than 183 days, you remain tax resident in Spain

DreaD

Posted: Sun Sep 26, 2021 3:52pm

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Posted: Sun Sep 26, 2021 3:52pm

Good question that.. There are some pages that give you a 90-day calculator, but even that's con dusting 

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