Staying over 90 days

[chrisz]

Hi,

I've a query which I'm hoping someone has had experience of.

Having obtained my Polish passport I can now stay for longer than 90 days at a time. My Wife however doesn't qualify for one but as the Wife of an EU citizen I'm told she can't be discriminated against. She will travel with our British marriage certificate as well as our new Polish marriage certificate.

He will be coming over for an extended stay between the end of January until the end of May, clearly more than 90 days.

Somehow I don't think it will be simply a case of saying 'hello' when coming in through the border and 'goodbye' when leaving the border.

Are there any legal necessities we need to do, such as registering with the local Police or Town Hall? We're on the Orihuela Costa.

Thanks

[Lincoln45]

First link is EU website, second is Registering your residence Spanish Government website

https://europa.eu/youreurope/citizens/r ... dex_en.htm

https://administracion.gob.es/pag_Home/ ... dente.html

Hope it helps

[chrisz]

Thanks, these are a great starting point for us. I think we may need a good immigration lawyer as we plan on flying back to the UK for 2 nights at the end of March simply to not invalidate our home insurance in the UK which allows us to leave the house unoccupied for more than 60 days at a time.

So we wouldn't be spending more than 90 days at a time in Spain but around 58 days, then 3 days in the UK and then back to Spain for another 58 days. Hasn't Brexit made a bugger of everything.

[Lincoln45]

They must have public or private health insurance, contracted either in Spain or in another country, that provides coverage in Spain for the period of their residence equivalent to that provided by the national healthcare system.

I would be interested to know if the above would be covered by the European (Global) Health Insurance Card, as it entitles you to the same health cover as the locals. I know it's it accepted in Bulgaria for this situation, but this being Spain

Don't forget the 183 day rule for tax purposes. There is a double taxation agreement, not sure how it works to be honest

[Bee]

I think you are making life very complicated for yourself. You don't need to register with anybody. Poland is part of the Schengen Area so you will normally go through the automated gates. Your wife will have to show her Passport as a UK citizen so will have to go through the manned kiosks. (Being Irish we also have to show our Passports at the kiosks but they are not stamped) it's a bit vague on how the days your wife accompanies you will be recorded. Nobody seems to know. Keep the boarding passes as they are a record of your flights) You say you won't be staying for 90 days as you are returning home after 58 days so you don't need to register for the EU citizen certificate . I don't know anybody who does this anyway or heard of anybody who has been challenged on it. Outside of travelling with you or to meet you your wife can only spend 90/180 days in the Schengen area if she is travelling alone as a UK passport holder.

Also like your house insurance travel insurance usually only covers you for 90 days and the EHIC (European Health Insurance Card) only coversvyou for emergency cover for 90 days.

Bee

[Lincoln45]

Also like your house insurance travel insurance usually only covers you for 90 days and the EHIC (European Health Insurance Card) only coversvyou for emergency cover for 90 days.

Bee

Where does it say the EHIC only covers you for emergency treatment for 90 days?

I have looked at the government website, and their is no mention of this

[Bee]

Lincoln45 it says "temporary stay for tourism or business" so what is meant by "temporary stay" ? It doesn't define it. However we know that it is over 90 days in Spain before you apply for your EU Residency Certificate or over 183 days before you are considered tax resident. So is temporary stay 90 or 183 days? Looking at my private health insurance it is confined to 90 days cover for foreign travel. Some travel insurance has a time limit of 30 days. Best to ask or break your trip into 2 x 90days.

Bee

[chrisz]

Also like your house insurance travel insurance usually only covers you for 90 days and the EHIC (European Health Insurance Card) only coversvyou for emergency cover for 90 days.

Bee

Thanks Bee, this puts our minds at rest a bit more over the registering.

Our UK house insurance stipulates that the house cannot be left unoccupied for over 60 days at a time (with no reference to a maximum in a year - hence the to and fro).

I think as a Polish citizen I can access the Spanish health system if needed and my Wife cannot be discriminated against. However we're looking at some longer term insurance policies which insure for 90 days at a time. Not sure where we stand as we're both UK OAP's and I think there is some reciprocal arrangement.

We're going to be driving over but flying back for a couple of days at a time. Fortunately Saga do a car insurance policy for unlimited days in Europe - so that's on the shopping list for when we come in February.

Still have to figure out our dog's insurance - as she gets older we might just set aside a certain amount every month into a pot and use it as and when (but hopefully not).

Can't wait to get back to Spain next year!

[Lincoln45]

You can get house insurance for unoccupied homes for longer than 90 days, although it does cost more

[paulja]

Hi,

My Wife however doesn't qualify for one but as the Wife of an EU citizen I'm told she can't be discriminated against.

Can I ask who told you that.

It is not my understanding as a Brit passport holder married to a Polish passport holder.
She can come and go as she pleases, I have been told I am limited to the 90 in 183 as a non EU passport holder.

Does not affect me anymore but an interesting option for those in a similar position.