Brexit And EU rules on 90 day rule

Paul, with respect. This appears to be scraping the bottom of the barrel regarding EU law and apparently trying to instil some kind of "guilt" to residents of the EU regarding status of those from Britain. 

Newsflash!:- UK has left the EU, of that there is no doubt (let's get Brexit Done said the Tories). There are no special concessions (at this point) for the UK citizens regarding rights within the EU. They brought this terrible disaster upon themselves. Just think, if somebody from say Somalia bought property in the UK back in 1950 and now started dictating the rights and wrongs of their position regarding visiting rights to the UK and how grieved they feel regarding reduction of freedom of movement within the UK in 2021.

The voters of the UK brought this upon themselves lock, stock and barrel. The fault is within the UK, not without - somebody tell Boris Johnson and the people who voted for Brexit.

The critical phrase there is “do not wish to become tax resident” - those second homes are therefore only ever holiday homes and whilst the owners do not wish to take tax residency, will only ever be holiday homes.  On that basis they cannot claim their “human rights” are being violated, because they are still able to avail themselves of the quiet enjoyment of their holiday homes.  Just because it’s not as long as they want is not a human rights violation.

The argument that pre-Brexit they could have 6 months is not a live issue, because the law stipulated that after 90 days, a person was obligated to register as a resident - so those complaining they used to get 6 months straight whilst not being resident were in fact breaking the law.

Any argument advanced along the lines that prior to Brexit a person could enjoy their property for 6 months straight whilst not taking residency is doomed in any competent court of law. 

Hi Dario

But we do pay none resident tax on the property every year.

And your point is? Please excuse me if I sound rude, but it is a law of Spain - one which you are aware of and acknowledge by buying a property.  Paying non residents tax on a property does not grant special privileges nor does it negate the 90 day limit. The law of Spain states if you wish to stay longer than 90 days, you must be a resident - no exceptions

Puig can “ask” until he’s blue in the face; it’s up to central government to negotiate any bi-lateral agreements; quite apart from the fact Madrid has far bigger problems to concern itself with, the chances of that happening while Johnson, Frost and the rest of the sleaze brigade continue to play silly buggers over NIP and threaten to trigger Article 16 is somewhere south of zero.

Further, the country with the longest standing Bi-lateral agreement, New Zealand, STILL can’t spend longer than 90 days - the only difference is their agreements are per country, not Schengen wide, so they can do 90 days in Spain, Then 90 days in Germany, then 90 days in France etc etc one after the other - BUT … they still cannot spend longer than 90 days in one country …

I think you will be waiting a long time how long have you got ?

And rightly so!

Latest news is that UK seems set to trigger Article 16.  If that happens there is absolutely zero chance of longer than 90 days and zero chance of licence equivalency (being able to swap)

Yes, you can always rely on this U.K. government to be unreliable regarding promises.