Posted: Tue Dec 27, 2022 10:17am
Just one correction - the maximum legal stay on an EU passport is three months. The difference is that if you intend staying longer than three months you are obliged to seek residencia, but if you don’t it’s an administrative offence only that is rarely pursued.
There is a very very widespread misconception that people believe with an EU passport you can stay as long as you want. You can’t. It’s simply with an EU passport if you stay without taking residencia, the authorities USUALLY don’t make a fuss. This should not be mistaken for meaning “it’s allowed” - if a zealous official takes it in to his/her head to apply the rules strictly, you can still be fined (bet you didn’t know that Matthew 😁)
To sum up briefly the differences:
UK passport. Can stay only 90 days as a tourist only, no right to reside, work or study. If a UK passport holder wishes to stay longer, then must apply for a visa to migrate from within country of issue of passport. A visa holder residing in Spain may then spend up to 10 months aggregate in a 5 year period outside Spain, no more than 6 months in any one year. Once permanent residence is achieved, a UK passport holder may spend up to 5 years continuous outside Spain (special dispensation for UK passport holders gained by Cameron - for everyone else it’s two years). Overstaying the 90 day limit without resident visa will garner the unlucky soul at least a fine and an “overstay” stamp in the passport and possible ban from returning to any Schengen country for up to 5 years.
EU (Irish) passport holder can reside, work and study immediately on arrival. If an EU passport holder intends to stay longer than 90 days, then that person is by law obliged to seek residencia - this means simply applying to place yourself on the register of foreigners resident in Spain. Once a resident you can spend up to 6 months each year outside of Spain without losing your residencia; after 5 years you automatically become a permanent resident and can spend up to two years continuous outside Spain without losing residence. Failure to seek residencia is an administrative offence only, rarely pursued, but you can be fined up to 600€ if you are found to be residing here and have not sought residencia.