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Irish passport: rules for re-entry into Schengen zone

Posted: Mon Sep 5, 2022 10:08am
10 replies445 views6 members subscribed
Ruchabo

Posts: 9

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Location: Roquetas de Mar

Joined: 16 Sep 2016

Morning!

I'm an Irish passport holder. I have just been up in N Spain  (doing a number of Caminos de Santiago) and left Spain after being there for 85 days.

I'm now back in the UK.

I need some advice ( Dario, I think I may be especially looking at you! Or Matthew, as an Irish citizen)

I want to travel back out v shortly to Roquetas for a long stay and am looking to check on the rules for travel to/ length of stay in Schengen as an EU ( but non Schengen ) citizen.

( I know if I had UK passport I'd have the rolling 180 day rule, thats all v clear and loads of Internet info on that).

My understanding ( but I have TRAWLED the Internet and can't find a source anywhere,)  is that an an Irish citizn I could have, for eg, left Spain on day 85, gone to eg Cyprus/ Croatia/ UK/ Ireland (all non Schengen)  for even just a day and returned and have stayed another 98 days ( taking me to 183, after which I'd become tax resident, which I don't want) 

I also know that I could have reg in Spain to stay, and in my case would have had to show adequate means to support myself inc sufficuent hand appropriate health insurance. But I'm interested in just knowing whether I could return for the 98 days without registration.

Does anyone know, and if so, please could you point me to the source where this is specifically stated? 

Many thanks.

Derrymore

Posted: Mon Sep 5, 2022 4:30pm

Derrymore

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Posts: 105

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Location: Roquetas de Mar

Joined: 27 Jan 2020

Posted: Mon Sep 5, 2022 4:30pm

Hi Ruchabo

As an Irish passport holder you can visit and/or work in any EU country for as long as you wish.  This also applies to countries such as Iceland, Norway, and Switzerland which have agreements with the EU.

Almost all countries require you register for social welfare if you want to work and some countries make this a bureaucratic nightmare - it's to keep civil servants in cushy jobs! It's not personal. 

Good luck 

Matthew

Posted: Mon Sep 5, 2022 8:13pm

Matthew

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Posts: 2248

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Location: Mojacar

Joined: 16 May 2018

Posted: Mon Sep 5, 2022 8:13pm

Derrymore wrote on Mon Sep 5, 2022 4:30pm:

Hi Ruchabo

As an Irish passport holder you can visit and/or work in any EU country for as long as you wish.  This also applies to countries such as Iceland, Norway, and Switzerland which have agreements with the EU.

Almost all countries require you register for social welfare if you want to work and some countries make this a bureaucratic nightmare - it's to keep civil servants in cushy jobs! It's not personal. 

Good luck 

Derrymore is right. The only comment I'd add is that if you spend more than 183 days in a calendar year (January - December) in Spain the Revenue authorities expect that you will pay income tax on your worldly income.

DarioMartin

Posted: Mon Sep 5, 2022 10:23pm

DarioMartin

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Location: Vera

Joined: 16 Aug 2017

Posted: Mon Sep 5, 2022 10:23pm

Ruchabo wrote on Mon Sep 5, 2022 10:08am:

Morning!

I'm an Irish passport holder. I have just been up in N Spain  (doing a number of Caminos de Santiago) and left Spain after being there for 85 days.

I'm now back in the UK.

I need some advice ( Dario, I think I may be especially looking at you! Or Matthew, as an Irish citizen)

I want to travel back out v shortly to Roquetas for a long stay and am looking to check on the rules for travel to/ length of stay in Schengen as an EU ( but non Schengen ) citizen.

( I know if I had UK passport I'd have the rolling 180 day rule, thats all v clear and loads of Internet info on that).

My understanding ( but I have TRAWLED the Internet and can't find a source anywhere,)  is that an an Irish citizn I could have, for eg, left Spain on day 85, gone to eg Cyprus/ Croatia/ UK/ Ireland (all non Schengen)  for even just a day and returned and have stayed another 98 days ( taking me to 183, after which I'd become tax resident, which I don't want) 

I also know that I could have reg in Spain to stay, and in my case would have had to show adequate means to support myself inc sufficuent hand appropriate health insurance. But I'm interested in just knowing whether I could return for the 98 days without registration.

Does anyone know, and if so, please could you point me to the source where this is specifically stated? 

Many thanks.

Registration (residencia) is a requirement for any EU citizen who intends to stay longer than 90 days; HOWEVER it is not widely enforced, being at best an administrative offence only.  Just make sure you don’t tip over the 183 day total in any financial year and you’ll be fine.

Airtaine

Posted: Tue Sep 6, 2022 8:11am

Airtaine

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Posted: Tue Sep 6, 2022 8:11am

Matthew wrote on Mon Sep 5, 2022 8:13pm:

Derrymore is right. The only comment I'd add is that if you spend more than 183 days in a calendar year (January - December) in Spain the Revenue authorities expect that you will pay income tax on your worldly income.

Yea but how do you determine if you have to pay tax? 

What is the income threshold if retired? 

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DarioMartin

Posted: Tue Sep 6, 2022 8:36am

DarioMartin

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Posted: Tue Sep 6, 2022 8:36am

Airtaine wrote on Tue Sep 6, 2022 8:11am:

Yea but how do you determine if you have to pay tax? 

What is the income threshold if retired? 

There is no threshold.  Once you are tax resident, you are required to declare worldwide income, as Spain taxes you on worldwide income.  You may not get taxed if total of worldwide income is not high, but you are required to still do an annual tax return and declare it.  If I recall the maximum amount you can bring in to the country tax free is 10.000 € per annum.

Spanish tax is horribly convoluted and certainly best left for professionals

Airtaine

Posted: Tue Sep 6, 2022 8:56am

Airtaine

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Posted: Tue Sep 6, 2022 8:56am

DarioMartin wrote on Tue Sep 6, 2022 8:36am:

There is no threshold.  Once you are tax resident, you are required to declare worldwide income, as Spain taxes you on worldwide income.  You may not get taxed if total of worldwide income is not high, but you are required to still do an annual tax return and declare it.  If I reca...

...ll the maximum amount you can bring in to the country tax free is 10.000 € per annum.

Spanish tax is horribly convoluted and certainly best left for professionals

Bugger,

 I was told that my income was below the tax requirement. This was by a  'professional' tax specialist in Xábia who said my anual income, which is taxed at source,  was to low to worry about.  Thus she said that 'I did not have to file in Spain'. 

Will look into it further 

Thanks 

DarioMartin

Posted: Tue Sep 6, 2022 11:18am

DarioMartin

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Location: Vera

Joined: 16 Aug 2017

Posted: Tue Sep 6, 2022 11:18am

Airtaine wrote on Tue Sep 6, 2022 8:56am:

Bugger,

 I was told that my income was below the tax requirement. This was by a  'professional' tax specialist in Xábia who said my anual income, which is taxed at source,  was to low to worry about.  Thus she said that 'I did not have to file in Spain'. 

Will look into it further 

Thanks 

Oh you definitely have to file - it may well be that you don’t get taxed, but you must submit a return.

Shay123

Posted: Wed Sep 7, 2022 2:17pm

Shay123

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Joined: 4 Jul 2021

Posted: Wed Sep 7, 2022 2:17pm

Bear in mind that you can not be taxed twice in almost any country combination across the world that I know of? Certainly all European and 'Western' countries.

 If you have been taxed at source for work in one country, for instance you will not pay tax twice on that income.

However, tax law in any country can get complicated very quickly and if your affairs are not simple, then this forum is not experienced or knowledgeable to give legal advice. I would suggest you contact a tax adviser of an English speaking country to give you the best advice on how to manage this?

Matthew

Posted: Wed Sep 7, 2022 2:39pm

Matthew

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Location: Mojacar

Joined: 16 May 2018

Posted: Wed Sep 7, 2022 2:39pm

Shay123 wrote on Wed Sep 7, 2022 2:17pm:

Bear in mind that you can not be taxed twice in almost any country combination across the world that I know of? Certainly all European and 'Western' countries.

 If you have been taxed at source for work in one country, for instance you will not pay tax twice on that income.

However, tax law in any country can get complicated very quickly and if your affairs are not simple, then this forum is not experienced or knowledgeable to give legal advice. I would suggest you contact a tax adviser of an English speaking country to give you the best advice on how to manage this?

I know Shay123 posted with good intentions. But, be under no illusion, if you reside in Spain for 183 days in a calendar the Spanish Revenue people will require you to pay income tax on your worldly earnings in that year. Whether you do or do not pay tax in your "mother" country or elsewhere is of little relevance to Spain. 

The original poster here informed us that his/her income is low and was advised that Spanish Revenue has little interest. That may be the case, but anybody else spending over 6 months pcy could have difficulties both at home and in Spain.

Not filling out an Income Tax "claim" could be inviting trouble.

In my case:- I use a calendar to tick off days that I have been in Spain and always will stay under the limit. 

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