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long term rental

Posted: Sun Oct 4, 2020 1:04pm
9 replies326 views7 members subscribed
Colin53

Posts: 3

Location: Vera Playa

Joined: 31 Mar 2020

Hi 

After spending 20 weeks in Vera Playa during Covid Lockdown we have decided we would like to spend more time there next year having both just retired.

The more we read about the regulations  the more confused we get.

Can anyone clarify the rules regarding staying beyond 90 days.

We would be looking to rent a property not purchase at this point. 

Thanks 

Colin

Alicia 11

Posted: Sun Oct 4, 2020 4:38pm

Alicia 11

Super helpful member

Posts: 2110

1783 helpful points

Location: Mojacar

Joined: 30 Sep 2019

Posted: Sun Oct 4, 2020 4:38pm

simply if you stay for 90 days you then have to wait 90 days before you can return to any country in Europe.  but there is a calculator which Dario has put on here before, look for his posts and you can work out other periods of smaller times.  Good luck. 

Beach Wander

Posted: Mon Oct 5, 2020 5:37am

Posts: 7

4 helpful points

Location: Vera Playa

Joined: 3 Jul 2020

Posted: Mon Oct 5, 2020 5:37am

What is your citizenship?

It's not Europe you can't return to it's the Schengen Area. Ireland isn't in the area. A few other countries aren't either. 

Colin53

Posted: Mon Oct 5, 2020 11:10am

Colin53

Original Poster

Posts: 3

Location: Vera Playa

Joined: 31 Mar 2020

Posted: Mon Oct 5, 2020 11:10am

Alicia 11 wrote on Sun Oct 4, 2020 4:38pm:

simply if you stay for 90 days you then have to wait 90 days before you can return to any country in Europe.  but there is a calculator which Dario has put on here before, look for his posts and you can work out other periods of smaller times.  Good luck. 

Hi Alicia

Thank you for your response.

So if we want to stay more than 90 days do we have to apply for residency ?

We were hoping to do 6 months each year in Winter/Spring.

Thank you

Colin

TeeJay99

Posted: Mon Oct 12, 2020 5:03pm

Posts: 1

Location: Mojacar

Joined: 7 Oct 2020

Posted: Mon Oct 12, 2020 5:03pm

Hi Colin, there are two sides to your question, some of which may or may not apply to you. I have an apartment further north along the coast and I have found that since purchasing the property several years ago the criteria that determines the length of my stay is not what I originally envisaged.

First, if you have a property in the UK and you are not leaving it 'inhabited', you will find that your property insurance has a maximum period it can be left empty after which the insurance will be void. If you have travel insurance as a UK resident you will find you have a maximum trip period even for an annual policy, I think just travelling back to the UK for a period of hours will reset the clock on your travel insurance, e.g. flyback to UK, pass through passport and customs so that you are 'in' the UK, buy a coffee/sandwich in a local cafe, keep receipt and flyback. :)

Secondly, and this is dependant on the final terms of the Brexit agreement the UK strikes, there is a maximum visa period for non EU persons. Further information can be found at http://www.exteriores.gob.es/Portal/en/ServiciosAlCiudadano/InformacionParaExtranjeros/Paginas/RequisitosDeEntrada.aspx .

as we are now in October and the UK is due to leave the EU on December 31, you are currently within the 90 day within 180 days catchment.

Thirdly, Residency is a different ball game and will determine (amongst other things) where and what income tax you pay and for that you will need to seek advice of a financial advisor, be aware that the UK Tax authorities have different parameters concerning what make you liable for UK tax, e.g. it's not how long you are away but where is deemed you 'main' residence (minefield)

For a variety of reasons, I currently have 45 day trips and keep my fingers on the third trip. 

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DarioMartin

Posted: Mon Oct 12, 2020 9:09pm

DarioMartin

Legendary helpful member

Posts: 5386

6426 helpful points

Location: Vera

Joined: 16 Aug 2017

Posted: Mon Oct 12, 2020 9:09pm

TeeJay99 wrote on Mon Oct 12, 2020 5:03pm:

Hi Colin, there are two sides to your question, some of which may or may not apply to you. I have an apartment further north along the coast and I have found that since purchasing the property several years ago the criteria that determines the length of my stay is not what I originally envisaged.

First, if you have a property in the UK and you are not leaving it 'inhabited', you will find that your property insurance has a maximum period it can be left empty after which the insurance will be void. If you have travel insurance as a UK resident you will find you have a maximum trip period e...

...ven for an annual policy, I think just travelling back to the UK for a period of hours will reset the clock on your travel insurance, e.g. flyback to UK, pass through passport and customs so that you are 'in' the UK, buy a coffee/sandwich in a local cafe, keep receipt and flyback. :)

Secondly, and this is dependant on the final terms of the Brexit agreement the UK strikes, there is a maximum visa period for non EU persons. Further information can be found at http://www.exteriores.gob.es/Portal/en/ServiciosAlCiudadano/InformacionParaExtranjeros/Paginas/RequisitosDeEntrada.aspx .

as we are now in October and the UK is due to leave the EU on December 31, you are currently within the 90 day within 180 days catchment.

Thirdly, Residency is a different ball game and will determine (amongst other things) where and what income tax you pay and for that you will need to seek advice of a financial advisor, be aware that the UK Tax authorities have different parameters concerning what make you liable for UK tax, e.g. it's not how long you are away but where is deemed you 'main' residence (minefield)

For a variety of reasons, I currently have 45 day trips and keep my fingers on the third trip. 

Just to correct you on two small items: the first is that Britain has already left the EU.  That occurred 31/1/2020.  A transition period was allowed and that ends 31/12/2020.

The second thing is that the Withdrawal Agreement that was ratified last year is what covers our rights in Europe.  Further movement of people is not being discussed in this round of talks.  As at 1/1/2021, British passport holders become Third Country Nationals and therefore subject to Schengen stay regulations.

I’m obviously unknowing of what passport you hold, so this is not necessarily directed at you.

To the OP, if you are a British passport holder, after 1/1/21, there are only two ways you can spend longer than 90 days in the Schengen, of which Spain is a part - the first is to spend 90 days, exit the Schengen zone for an equivalent period, (90 days) and then return.  You get 6 months a year that way, just with a 3 month break between the two three month periods.

The second way, after 1/1/21, is to apply for permanent residence as a Third Country National.  Quite apart from the financial requirements, you would also need to spend no more than 10 months in a 5 year period out of Spain.

If you wish to spend only 6 months of the year here, then you would need to arrive and seek Residencia prior to 31/12/20, when the transition period ends.  This will allow you to spend 182 days a year outside Spain.  Be advised, to fulfill the requirements if continuous residency, you would have to spend 183 days a year here, which would then also make you tax resident (Spain then being your primary residency) - you would forfeit your Residencia should you fail to spend 183 days a year here.

Andy64

Posted: Thu Mar 4, 2021 2:06pm

Posts: 1

Location: Vera Playa

Joined: 4 Mar 2021

Posted: Thu Mar 4, 2021 2:06pm

We are looking to rent in Sept 2021 possibly up to the 90 days allowed. Does anyone know of any websites or own property for rent. We are open to most areas in Almeria. 

Regards

Andy & Debbie

Helen B

Posted: Mon Mar 8, 2021 11:54am

Helen B

Helpful member

Posts: 140

79 helpful points

Location: Palomares

Joined: 25 Feb 2018

Posted: Mon Mar 8, 2021 11:54am

Andy64 wrote on Thu Mar 4, 2021 2:06pm:

We are looking to rent in Sept 2021 possibly up to the 90 days allowed. Does anyone know of any websites or own property for rent. We are open to most areas in Almeria. 

Regards

Andy & Debbie

I have a 2 bedroomed 1st floor apartment .

I can let it up to 90 days .

Palomares with air con roof terrace and views over the fields to the sea .  Easy walk to the village. 

Colin53

Posted: Tue Mar 9, 2021 6:24pm

Colin53

Original Poster

Posts: 3

Location: Vera Playa

Joined: 31 Mar 2020

Posted: Tue Mar 9, 2021 6:24pm

Helen B wrote on Mon Mar 8, 2021 11:54am:

I have a 2 bedroomed 1st floor apartment .

I can let it up to 90 days .

Palomares with air con roof terrace and views over the fields to the sea .  Easy walk to the village. 

Hi Helen

Please could you send me some details and prices.

Thanks

morty1562

Posted: Mon Mar 15, 2021 10:25am

Posts: 9

1 helpful points

Location: Vera Playa

Joined: 4 Jan 2021

Posted: Mon Mar 15, 2021 10:25am

Colin53 wrote on Tue Mar 9, 2021 6:24pm:

Hi Helen

Please could you send me some details and prices.

Thanks

Hi Helen

I am looking to rent a two bedroom apartment for 90 days commencing 1st April 2022

Can you tell me more details of your apartment please   email is [email protected] 

Cheers

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