Status quo after the UK leave the EU

Posted: Wed Jul 22, 2020 1:04pm

Posts: 62

23 helpful points

Joined: 22 May 2019

I have a property in Spain and have done so for nearly 20 years. I wonder if anyone could advise me what the status quo will be for spending time in Spain after the UK leaves the EU on 31st December 2020? At present, I understand currently the time allowed to stay in Spain is 183 days in any one year. My wife has dual nationality and is the holder of a Polish passport and UK passport. We both reside in the UK and I only have a UK passport, however, as my wife has a Polish passport will we both have the same rights to stay in Spain as we do now?

I have written to the Spanish Embassy in Madrid and asked the question and they directed me to the British Embassy in Madrid but they haven't responded.

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Posted: Wed Jul 22, 2020 11:05pm

DarioMartin

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Posts: 5408

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Location: Vera

Joined: 16 Aug 2017

Posted: Wed Jul 22, 2020 11:05pm

Firstly, without Residencia, you are limited to 90 days in any 180 day period, not 183 days. In other words, once you have spent 90 days in the Schengen zone, you must leave the Schengen zone for the equivalent period.

The 183 days comes if you DO have Residencia - then to retain it, you are obliged to spend a minimum of 183 days a year in Spain.

This ruling is applicable to the whole Schengen zone and has been for many years now. It will not change with Brexit.

Should you wish to take Residencia, as your wife is a Polish national, she is an EU citizen (Poland having been a member of the EU since 2004). She would be able to obtain Residencia under current regulations governing EU citizens, and you could then come in as a dependent of an EU Citizen.

This would mean you are legally residents if Spain and no longer residents of the UK, as you cannot legally be a resident of two countries. This would, in the eyes of HMRC, make you tax resident in Spain and liable to pay tax in Spain on your worldwide income.

If you do not wish to obtain Residencia, then the only way to spend 6 months of the year in Spain is in two 90 day periods, separated by 90 days out of the Schengen zone