We would like to rent for 5 months is it possible without a.y problem this winter?
Thank you
Christine
Posted: Wed Jun 3, 2020 8:39pm
Legendary helpful member
Chris 66 wrote on Wed Jun 3, 2020 6:02pm:
We would like to rent for 5 months is it possible without a.y problem this winter?
Thank you
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Christine
The first question will be “do you have Residencia”? If not, your maximum permitted stay is 90 days in any 180 day period. (i.e. if you stay in Spain for 90 days, you must leave Spain for 90 days before returning)
If you do obtain - or indeed have - Residencia, then you must spend at least 183 days a year (6 months) in Spain to retain your Residencia.
Looking at that, I would have to say it’s not possible to come here for 5 months straight - it’s either maximum 3 months or minimum 6 months
(Once you have had Residencia for 5 years, the rules change and you are considered a permanent resident and could then spend up to 5 years out of Spain - at that point, 5 months here and 7 months in UK is doable)
Dario
I defer to your knowledge on this issue as you have regularly helped others with this.
Just out of interest: couldn’t people in this situation stay until 31st December under current EU rules, before the 90 day period ‘kicks in’?
i.e. stay 90 days after 31st Dec
Best wishes
Posted: Thu Jun 4, 2020 9:11am
Legendary helpful member
Fresh wrote on Thu Jun 4, 2020 7:20am:
Dario
I defer to your knowledge on this issue as you have regularly helped others with this.
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Just out of interest: couldn’t people in this situation stay until 31st December under current EU rules, before the 90 day period ‘kicks in’?
i.e. stay 90 days after 31st Dec
Best wishes
If I have understood the question correctly, then the answer is no - 90 days stay max is already law for EU passport holders and has been for some time. It’s a rolling 90 in 180 day period, so the timer starts when you enter the country. If you enter 1st October, then you have 90 days which would take you to end of December, at which point you would have to leave for 90 days before returning.
Posted: Thu Jun 4, 2020 4:49pm
Helpful member
DarioMartin wrote on Thu Jun 4, 2020 9:11am:
If I have understood the question correctly, then the answer is no - 90 days stay max is already law for EU passport holders and has been for some time. It’s a rolling 90 in 180 day period, so the timer starts when you enter the country. If you enter 1st October, then you have 90 da...
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...ys which would take you to end of December, at which point you would have to leave for 90 days before returning.
Just idle interest. How does officialdom know how long anyone has been in Spain, passports are no longer stamped ( do you remember how competitive it was in the 'old days', to accumulate lots of important- looking stamps in one's passport?) and if you are staying your own property you do not have to tell anyone.
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Posted: Thu Jun 4, 2020 5:41pm
Legendary helpful member
Bess wrote on Thu Jun 4, 2020 4:49pm:
Just idle interest. How does officialdom know how long anyone has been in Spain, passports are no longer stamped ( do you remember how competitive it was in the 'old days', to accumulate lots of important- looking stamps in one's passport?) and if you are staying your own property you...
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... do not have to tell anyone.
ETIAS which was supposed to have been introduced in 2021 would have certainly ensured that, as to visit from outside the Schengen area you would have to apply online for a visa.
However, more airports are now using the automatic gates which scan your passport when entering. This records your entry date.
You can certainly be sure that passport entry dates will be more closely scrutinized post transition period.
Hi,
Please go to https://europa.eu/factsheets/en/sheet/147/free-movement-of-person
Obviously life is easier if you are a citizen of a EU country and does alay fears ( for EU citizens) of having to take up residencia after 3months
Mary B.
Posted: Fri Jun 5, 2020 3:25pm
Legendary helpful member
MaryB wrote on Fri Jun 5, 2020 3:18pm:
Hi,
Please go to https://europa.eu/factsheets/en/sheet/147/free-movement-of-person
Read more...
Obviously life is easier if you are a citizen of a EU country and does alay fears ( for EU citizens) of having to take up residencia after 3months
Mary B.
It shows that link as having moved or been deleted.
BUT ... as I posted earlier, the information I gave you came from the Spanish Ministry of Interior website, not a generic EU website.
90 days in any 180 day period is what you get in Spain as an EU Citizen, without Residencia. Overstay that and you risk being fined.
EDIT: found the working link:
https://europa.eu/youreurope/citizens/residence/residence-rights/index_en.htm#eu-citizen
“ As an EU citizen, you have the right to move to any EU country to live, work, study, look for a job or retire.
You can stay in another EU country for up to 3 months without registering there but you may need to report your presence. The only requirement is to hold a valid national identity card or passport. If you want to stay longer than 3 months, you may need to register your residence.”
In Spain, “registering your residence” means “Residencia”
EDIT: 8/6/2020. Removed reference to being deported for EU citizen overstaying. Deportation applies to third country nationals only.
Hi Christine
Just to say that I have a lovely villa on the outskirts of Bedar,about 20 mins from Mojacar which is available for winter let. If you are interested you can see photos and full details of VILLA PIKORUA on the website of Exclusive Holiday Villas (www.exclusiveholidayvillas.co.uk). I have just had a couple in the villa on a 6 month winter let and they were extremely happy throughout their stay - so much do that they are now looking to purchase their own villa in the same area and to reside here permanently. Please pm me if you would like further information. Best wishes, Sue.
EU citizens can stay 90 days within a 180 days period. If you stay longer you may be fined, but you cannot be deported as Dario says.
For British citizens everything will depend on the negotiations about Brexit. If it still ends up a Brexit without an agreement, the British even might need to apply for a visa.
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