@ morning, Only just come across your channel, I should have searched back further. I’m interested to know how many days you need to stay after application has been accepted for the renewal. And if there are tax implications
A Question... Holders of EU residence permits will be exempt from EES but will still be subject to the 90/180 rule when travelling outside their country of residence card. So how will this be checked if there will be no more passport stamps?
Sure thing, there are a few live shows, here’s one about tax, check 07:35 for tax residency. th-cam.com/users/liveWVNBRvvOsDM?si=U7kl2bAo5Kggbisq and it’s best if I give you the following official link to EUresidency www.uma.es/media/tinyimages/file/regimen-comunitarios-eng.pdf
At 14:35 you say “these sometimes get confused”. The reason they get confused is people like you calling them both “90 day rules”. The Spanish residence rules trigger after 3 months of residence, not 90 days of stay. There is no mention of “90 days” anywhere in Spanish immigration law.
I see it called the 90 day rule on social media frequently, Google it and you’ll find it on numerous immigration lawyers websites and yes, it’s also on Spanish government immigration websites. 90 days is the period the immigration officials use, not 3 months which can be an inaccurate number of days. Yes, it’s written in law.
@youtoospain social media referencing social media. No, the Spanish authorities do not count 90 days when enforcing a rule that days "3 months". You made that up.
@ I made it up? Hilarious. I referenced Spanish government websites and lawyers. You can’t even write your own real name, so it’s kinda funny you crawling out from under a bridge to criticise my facts.
@youtoospain I couldn't find your reference to any Spanish government websites. Maybe it was buried in the affiliate links. Try googling "spain administracion immigration three months" and use that link. Alongside improving your research, you should also work on your ad hominems. You're not in the playground now.
Skatz. what do you know about CGT. We are selling our house here in the UK and retiring,moving and buying a property in menorca. Would we be liable for CGT
It depends on when you sell and when you move. You become liable for tax in Spain when you spend more than 183 days here in the tax year (which is the same as the calendar year, Jan 1st-Dec 31st). So if you sell (i.e. get the money for) your house in 2024 and become resident in Spain in early 2025, you’re not liable for tax on that money you got in 2024. Let’s say you sold your house early in 2025 instead. To avoid being liable for Spanish tax that year you’d need to move in the second half of the year (after July 4th, as long as you’ve not been here on holiday here in the first half, because those days would count towards the 183). However, as you’re buying a house in Spain as your main residence, that will reduce or cancel out the CGT when you eventually do your tax return for 2025. I hope that all makes sense. I’m not a tax expert so you’d need to check your circumstances with a qualified accountant Gestor.
The big problem is that visitors from any country, EU or not, should register for residency after 90 days in Spain but, obviously, if there's no stamp in your passport there's no way of realistically enforcing it. UK citizens fall foul because even if we were allowed to stay more than 90 days we'd then have to register for residency because they know, more or less, how long we've been in the Schengen zone thanks to the stamps. Unintended consequences which, apparently, no-one thought of.
@@Mike_Ripper yeah, I was referring to the last half of what you said, which was about UK citizens. EU citizens that don’t intend to reside in Spain can get away with staying longer than 3 months but have to be careful to not be caught staying too much longer. They’re not policed as much because they’re protected by EU law and as long as they’re not taking the p*ss they’re unlikely to be bothered.
Hi Thomas, sorry, I lost contact with Zak when he broke ties with YouTooSpain. And since then I’ve not been happy affiliating with any other companies, in spite of being open to offers.
Thanks for this Skatz. I have spent so much time trying to understand the rules and im still not certain I have the right answers. Can I trouble you to confirm my understanding and some unanswered questions. 1. I have a UK passport and my wife has a German and UK one. if we travel together the 90/180 rule doesnt apply. However I cant find anywhere what documentation to take to the airport, what passport exit to go through (with or without my wife) and whether or not my passport gets stamped. 2. The fact that my wife has a German passport does not exempt her (or myself if we are together) from having to register as resident in Spain (EU Registry Certificate) if we stay for more than 90 days calculated in the same way as the Schengen 90/180 rule. 3. If we do apply for the Certificate then we have to stay in Spain for at least 6 months which by default means we will be subject to Spanish taxation. Thanks again.
My wife is Spanish and I too have studied this but for every example you can find of being allowed to travel with EU partners, etc there is another equally authoritative example of not being allowed to. I read recently of a scientist who was refused entry into the Netherlands for a conference because she was not travelling with her Irish husband. Eventually she had to fly back to Ireland without attending the conference. Later "The EU" confirmed that the border control was incorrect in one way because she had the right to travel with (or without her husband) but that they were still complying with the spirit of the agreement/law because they didn't stop him from travelling (even though he wasn't travelling and didn't want to travel). I know of people, who travel a lot for work, that have 2 passports. One in, one out. Others who sign on to crew agreements of fictitious ships & others who just ignore it completely and blithely come in and out as they please. The list goes on. I'm firmly in the Skatz camp. For what it costs to comply with the spirit of the law I'd rather comply than not. A few weeks away from the wife is not such a bad thing :-) Good luck!
Hi, sorry for the delay in replying. First of all, there’s no absolute answer to some questions about passport control, I’ve heard reports of people getting different responses from adjacent booths at airports or at different times of day. But I’ll answer as best I can. 1/ best document to carry is a marriage certificate. That should work anywhere, although Spain has this thing about marriage certificates needing to be recent copies (certainly at residency appointments anyway, not sure if that’s the case at airports); I would head together through the EU gate, with the EU passport holder going first, but the non-EU Passport holder may get sent back through the other queue, you just take your chance there; with EES coming in very soon I wouldn’t worry about passport stamps, once that’s up and running there won’t be any more stamping. 2/ nothing exempts anyone from the 90 day residency rule, although many EU citizens have been known to stay for a bit longer. It’s not ‘calculated in the same way as the 90/180 Schengen rule’ though, it’s unrelated. 3/ it’s important to know that the EU residency card isn’t applied for in the same way as residency for non-EU citizens, the process is called registering residency, because you already have the right to reside in the EU. Registering then does imply you want to live there for more than just a few months rather than travel around. So if you don’t intend to do that then don’t go for residency. And avoid spending more than 183 days in one country per calendar year. It would help to know why you ask the question and what you are hoping to do, then I could help more.
😊etias, how will that work if we leave late 2024 and stay 60 days in 2025. Will we need to get that visa Jan 1 while in spain? Or will it be available prior to 2025?
Brits, Americans and anybody from anywhere can get Spanish residency after living illegally for 3 years in Spain if you have a clean criminal record. Just keep records of rent, phone, bus receipts to prove that you lived in the country for 3 years. I do not know any other country which has such law. God bless Spain!
The British government allows professional freight drivers who travel frequently to the Schengen area to apply for a second passport to have 90 days on each passport. How is that going to work with EES? Two passports but only one identity?
That second passport is meant for legitimate purposes, and circumventing immigration rules related to maximum stays in a country is not one of them. That second passport is not meant to allow 90 days on each passport, just read the link that you posted. It's meant to avoid disruptions in your legitimate border crossings when it comes to renewing your passport, so they give you a second one that overlaps a certain time with the previous one. For two passports that have the same or very similar validity, those are meant for traveling to countries where you don't want them to see stamps from other countries you have visited, like Israel when entering certain Arab countries. Additionally the need for a second passport, no matter which type, is decided on a case by case basis.
Another good one Skatz, well done. #stillalive #FOF
Thanks Patrick, #fof (tiny Freddie)!
Hi, all content is very informative. If you haven’t already could you do a vid on non lucrative visa’s please
I’ve made quite a few of them. Anything in particular you want to know? I’ll give you a link to the most relevant
@ morning,
Only just come across your channel, I should have searched back further.
I’m interested to know how many days you need to stay after application has been accepted for the renewal. And if there are tax implications
A Question... Holders of EU residence permits will be exempt from EES but will still be subject to the 90/180 rule when travelling outside their country of residence card. So how will this be checked if there will be no more passport stamps?
Same as they are now I expect. Passports and residency cards have biometric info on them and get scanned by passport control.
Hi, can you point me to the video{s} about the 90/183 residency/tax residency rules for an EU citizen? Thanks.
Sure thing, there are a few live shows, here’s one about tax, check 07:35 for tax residency.
th-cam.com/users/liveWVNBRvvOsDM?si=U7kl2bAo5Kggbisq
and it’s best if I give you the following official link to EUresidency www.uma.es/media/tinyimages/file/regimen-comunitarios-eng.pdf
At 14:35 you say “these sometimes get confused”. The reason they get confused is people like you calling them both “90 day rules”. The Spanish residence rules trigger after 3 months of residence, not 90 days of stay. There is no mention of “90 days” anywhere in Spanish immigration law.
I see it called the 90 day rule on social media frequently, Google it and you’ll find it on numerous immigration lawyers websites and yes, it’s also on Spanish government immigration websites. 90 days is the period the immigration officials use, not 3 months which can be an inaccurate number of days. Yes, it’s written in law.
@youtoospain social media referencing social media. No, the Spanish authorities do not count 90 days when enforcing a rule that days "3 months". You made that up.
@ I made it up? Hilarious.
I referenced Spanish government websites and lawyers. You can’t even write your own real name, so it’s kinda funny you crawling out from under a bridge to criticise my facts.
@youtoospain I couldn't find your reference to any Spanish government websites. Maybe it was buried in the affiliate links. Try googling "spain administracion immigration three months" and use that link. Alongside improving your research, you should also work on your ad hominems. You're not in the playground now.
Skatz. what do you know about CGT. We are selling our house here in the UK and retiring,moving and buying a property in menorca.
Would we be liable for CGT
It depends on when you sell and when you move. You become liable for tax in Spain when you spend more than 183 days here in the tax year (which is the same as the calendar year, Jan 1st-Dec 31st).
So if you sell (i.e. get the money for) your house in 2024 and become resident in Spain in early 2025, you’re not liable for tax on that money you got in 2024.
Let’s say you sold your house early in 2025 instead. To avoid being liable for Spanish tax that year you’d need to move in the second half of the year (after July 4th, as long as you’ve not been here on holiday here in the first half, because those days would count towards the 183).
However, as you’re buying a house in Spain as your main residence, that will reduce or cancel out the CGT when you eventually do your tax return for 2025.
I hope that all makes sense. I’m not a tax expert so you’d need to check your circumstances with a qualified accountant Gestor.
@@youtoospain many thanks for that Skatz
The big problem is that visitors from any country, EU or not, should register for residency after 90 days in Spain but, obviously, if there's no stamp in your passport there's no way of realistically enforcing it. UK citizens fall foul because even if we were allowed to stay more than 90 days we'd then have to register for residency because they know, more or less, how long we've been in the Schengen zone thanks to the stamps. Unintended consequences which, apparently, no-one thought of.
Not for much longer. EES is on the way.
@@youtoospain But EES won't apply to EU citizens only third country citizens so EU citizens will still be able to carry on regardless.
@@Mike_Ripper yeah, I was referring to the last half of what you said, which was about UK citizens. EU citizens that don’t intend to reside in Spain can get away with staying longer than 3 months but have to be careful to not be caught staying too much longer. They’re not policed as much because they’re protected by EU law and as long as they’re not taking the p*ss they’re unlikely to be bothered.
Morning Skatz, hopefully you can help with an issue I am having. Do you have the contact details for Zac at the apsotile service. Thank you
Hi Thomas, sorry, I lost contact with Zak when he broke ties with YouTooSpain. And since then I’ve not been happy affiliating with any other companies, in spite of being open to offers.
@@youtoospain Oh, I didn't realise that Skatz but thank you my friend, hope you are well
@@BobbySal-e7v you’re welcome, I’m feeling pretty good thanks.
I was waiting for a visit from The Colonel lol 😂
Lol. No, just the facts this week. The Colonel is on holiday in Benidorm at a hotel called The Fattened Swan.
@@youtoospain lol
Thanks for this Skatz. I have spent so much time trying to understand the rules and im still not certain I have the right answers. Can I trouble you to confirm my understanding and some unanswered questions. 1. I have a UK passport and my wife has a German and UK one. if we travel together the 90/180 rule doesnt apply. However I cant find anywhere what documentation to take to the airport, what passport exit to go through (with or without my wife) and whether or not my passport gets stamped. 2. The fact that my wife has a German passport does not exempt her (or myself if we are together) from having to register as resident in Spain (EU Registry Certificate) if we stay for more than 90 days calculated in the same way as the Schengen 90/180 rule. 3. If we do apply for the Certificate then we have to stay in Spain for at least 6 months which by default means we will be subject to Spanish taxation. Thanks again.
My wife is Spanish and I too have studied this but for every example you can find of being allowed to travel with EU partners, etc there is another equally authoritative example of not being allowed to. I read recently of a scientist who was refused entry into the Netherlands for a conference because she was not travelling with her Irish husband. Eventually she had to fly back to Ireland without attending the conference. Later "The EU" confirmed that the border control was incorrect in one way because she had the right to travel with (or without her husband) but that they were still complying with the spirit of the agreement/law because they didn't stop him from travelling (even though he wasn't travelling and didn't want to travel). I know of people, who travel a lot for work, that have 2 passports. One in, one out. Others who sign on to crew agreements of fictitious ships & others who just ignore it completely and blithely come in and out as they please. The list goes on. I'm firmly in the Skatz camp. For what it costs to comply with the spirit of the law I'd rather comply than not. A few weeks away from the wife is not such a bad thing :-) Good luck!
Hi, sorry for the delay in replying. First of all, there’s no absolute answer to some questions about passport control, I’ve heard reports of people getting different responses from adjacent booths at airports or at different times of day. But I’ll answer as best I can.
1/ best document to carry is a marriage certificate. That should work anywhere, although Spain has this thing about marriage certificates needing to be recent copies (certainly at residency appointments anyway, not sure if that’s the case at airports); I would head together through the EU gate, with the EU passport holder going first, but the non-EU Passport holder may get sent back through the other queue, you just take your chance there; with EES coming in very soon I wouldn’t worry about passport stamps, once that’s up and running there won’t be any more stamping.
2/ nothing exempts anyone from the 90 day residency rule, although many EU citizens have been known to stay for a bit longer. It’s not ‘calculated in the same way as the 90/180 Schengen rule’ though, it’s unrelated.
3/ it’s important to know that the EU residency card isn’t applied for in the same way as residency for non-EU citizens, the process is called registering residency, because you already have the right to reside in the EU. Registering then does imply you want to live there for more than just a few months rather than travel around. So if you don’t intend to do that then don’t go for residency. And avoid spending more than 183 days in one country per calendar year.
It would help to know why you ask the question and what you are hoping to do, then I could help more.
😊etias, how will that work if we leave late 2024 and stay 60 days in 2025. Will we need to get that visa Jan 1 while in spain? Or will it be available prior to 2025?
There is no "visa" required. You need a visa waiver application when you present yourself at a Schengen border for entering
It’ll be available in May 2025 allegedly, and not before. If you’re already in Spain when it begins you won’t apply for it until you next enter.
@@youtoospain thank you!!!
Brits, Americans and anybody from anywhere can get Spanish residency after living illegally for 3 years in Spain if you have a clean criminal record. Just keep records of rent, phone, bus receipts to prove that you lived in the country for 3 years. I do not know any other country which has such law. God bless Spain!
Surely that was just a one off?
Soon to become 2 years
@@youtoospain Strange how the extensive research you surely do failed to reveal to you how AS works.
@@boodori1210 sounds like we’re talking at cross purposes. Please explain wtf you’re talking about, troll dude.
The British government allows professional freight drivers who travel frequently to the Schengen area to apply for a second passport to have 90 days on each passport. How is that going to work with EES? Two passports but only one identity?
Are you sure about that?
Nope it doesn't.
Any chance you can supply official proof of that from a government website? Because that sounds illegal to me. Unless they work for MI6.
That second passport is meant for legitimate purposes, and circumventing immigration rules related to maximum stays in a country is not one of them. That second passport is not meant to allow 90 days on each passport, just read the link that you posted. It's meant to avoid disruptions in your legitimate border crossings when it comes to renewing your passport, so they give you a second one that overlaps a certain time with the previous one. For two passports that have the same or very similar validity, those are meant for traveling to countries where you don't want them to see stamps from other countries you have visited, like Israel when entering certain Arab countries. Additionally the need for a second passport, no matter which type, is decided on a case by case basis.
diamond