Winters in Spain after brexit. - Page 2

As far as I am aware the 180 day period starts on the first day of your first visit to an E.U country. So if for example the new law came into effect in 2021, you could make a two day visit to Spain on 1st June, which would trigger the start of the 180 day period. You could then return to Spain later in the year and stay during the months of November and December.

If you then fly back to the UK at the end of December (30th or 31st December) and return to Spain on 1st January, the second 180 day period would then be triggered  and you could stay for the months of January, February and March.

My suggestion wouldn't suit everyone but I guess it depends upon the level of inconvenience you are prepared to endure to spend 4/5 months in Spain over winter.

However, as I mentioned in an earlier post it is best to wait and see what develops from the E.U. and UK negotiations in the coming year as things may radically alter

Regards

Richard

Very good helpful answer, thanks. As you say it’s a job to know what will eventually happen! But I like the sounds of that idea for me. 👍

Just a small correction - there is no new law for time periods; if you don’t have Residencia, you are already restricted to 90 days in any 180 day period.  However you work it, you can stay in Spain for a total of up to 90 days, however that 90 days is made up - be it a week here or a month there.  Once you have reached 90 days within that 180 day period, you may not return before a further period of 90 days has elapsed (or the six month allowed has elapsed and starts again).  This is the law now; just expect it to be enforced more stringently post-Brexit

Really? Is that the laws. It’s just I’ve got a contract  on los gollardos  caravan site for 6 months residency out of 12 months. It can be taken when wanted. Like clocking in and out really! Month here and there or 6 months in one period. The other 6 months the caravan is in their storage facility. I’m confused, but wait and see I suppose, but don’t like rules and regs anyhow! Thanks.

The reason behind that is that there is a difference between Residencia and Tax Residency.  I imagine the Caravan park at Los Gallardos isn’t really concerned as to whether you have Residencia - it’s on you if you try to re-enter and cannot do so.

As long as you spend more than 183 days in U.K. though, you are still resident in U.K. for taxation purposes.  The same applies to Spain - once you go 3 days over the 6 month period - 183 days - you are considered resident in Spain for tax purposes.  That could be why you get 6 months out of the year - to keep you tax resident in U.K..

In 2021, ETIAS comes into play, which requires a Visa for all non-schengen countries to travel to and within the EU.  The visa is I think between 3€ - 6€ and will be an online application and valid for 3 years; but the main impact will be the subsequent electronic check on arrival at the passport gates to check you haven’t overstayed on a previous visit or returned too soon.

If you intend staying in Spain for more than 3 months, the safest route is to obtain Residencia before December 2020

Hopefully not we're the same as yourselves winter in Spain. 

Incorrect. It is a “rolling” 180 day which would mean if they stayed Nov and Dec then left and returned in January they could only stay to approx end of January then they would have to leave for 90 days. Schengen is NOT calendar year related but the rolling 180 day periods.

There are several online Schengen calculators that help you work out your days if you are in and out a lot.

There are millions of non EU citizens who visit regularly and manage to work within the system.

Here is an extract from the EU official site.

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.

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

You also need to bear in mind that the 90 day rule applies to all member countries of the EU: so if you are travelling over from and back to the UK in a motor home, passing through France, for example, the time spent passing through that country needs to be calculated within those 90 days. 

How are thay will thay know how long you've taken to get to your destination.,