# Is this legal and OK???



## jojo (Sep 20, 2007)

My friends are doing what they've done over the passed few years and going to spend the winter in Spain. They will arrive the beginning of December and plan to stay til beginning of May. They usually live in France where they are residents and have been for 10 years, altho they have property in the UK - but they rent that out.

Anyway, they have no intention of becoming residents in Spain eventho they could (they have income and healthcare), but dont feel its worth the bother and dont want to complicate things. They drive across from France to Spain, so their car is French registered and the insurance appears to allow them to travel wherever they like and for however long they like ? Is this ok???? its over the 90 days???

Jo xxx


----------



## goingtobcn (Sep 9, 2012)

Hmm, interesting... I don't know the answer, but am interested to hear it! My immediate reaction was that it's over the 90 days so it's not OK, but I don't know...
Where are they going to be living whilst in Spain - do they own a property?


----------



## 90199 (Mar 21, 2010)

I have read that it is up to the individual to decide when he or she is in fact resident. 

Common sense would say that your friends are clearly not residents but long term visitors, however this is Spain where common sense does not always prevail.


----------



## jojo (Sep 20, 2007)

goingtobcn said:


> Hmm, interesting... I don't know the answer, but am interested to hear it! My immediate reaction was that it's over the 90 days so it's not OK, but I don't know...
> Where are they going to be living whilst in Spain - do they own a property?


 No they rent - I have to say that this time and simply because I was concerned, I rented it in my name as I have residencia. Its rented for 6 months and its a property that will accommodate our two families - so I'll be spending as much time as possible there, but I am already a resident. 

My friends are totally unconcerned because they've been doing this for the passed few years and it hasnt been a problem - so is it a problem??? Their view is that they have healthcare in place, finances etc, so what and who would object and tell them to leave??????


----------



## xabiaxica (Jun 23, 2009)

jojo said:


> My friends are doing what they've done over the passed few years and going to spend the winter in Spain. They will arrive the beginning of December and plan to stay til beginning of May. They usually live in France where they are residents and have been for 10 years, altho they have property in the UK - but they rent that out.
> 
> Anyway, they have no intention of becoming residents in Spain eventho they could (they have income and healthcare), but dont feel its worth the bother and dont want to complicate things. They drive across from France to Spain, so their car is French registered and the insurance appears to allow them to travel wherever they like and for however long they like ? Is this ok???? its over the 90 days???
> 
> Jo xxx


wellllllllllllll

they _should _register, but it would seem a bit pointless tbh

it's one of those iffy grey areas I suppose

well not exactly grey - but the rules don't take into account long holidays, do they?


----------



## snikpoh (Nov 19, 2007)

xabiachica said:


> wellllllllllllll
> 
> they _should _register, but it would seem a bit pointless tbh
> 
> ...


Quite agree - legally they should register and then baja when they leave.

But let's be realistic, how stupid would that be?

I assume they have the French equivalent of TSE (EHIC) or that they have private medical cover?


----------



## jojo (Sep 20, 2007)

snikpoh said:


> Quite agree - legally they should register and then baja when they leave.
> 
> But let's be realistic, how stupid would that be?
> 
> I assume they have the French equivalent of TSE (EHIC) or that they have private medical cover?



They have private medical cover that covers them for anything anywhere in Europe AFAIK. They're sensible people, so they have made sure that all is in order - I would have thought they'd register as residents, but they cant see the point??!! The last time they went to Spain they were robbed in Barcelona and so they're travelling light this year, not even bringing their passports with them - they have some sort of ID cards that they use to cross the border???!

Jo xxx


----------



## jimenato (Nov 21, 2009)

jojo said:


> They have private medical cover that covers them for anything anywhere in Europe AFAIK. They're sensible people, so they have made sure that all is in order - I would have thought they'd register as residents, but they cant see the point??!! The last time they went to Spain they were robbed in Barcelona and so they're travelling light this year, not even bringing their passports with them - they have some sort of ID cards that they use to cross the border???!
> 
> Jo xxx


Surely they won't need anything to cross the border - it's difficult enough to even see where it is nowadays

I know people who have lived here for many years, run businesses, own cars, own houses have full health cover - everything - who have never had residency and don't intend to - why not I don't know. 

But if I was in your friends position I wouldn't bother.


----------



## snikpoh (Nov 19, 2007)

jojo said:


> They have private medical cover that covers them for anything anywhere in Europe AFAIK. They're sensible people, so they have made sure that all is in order - I would have thought they'd register as residents, but they cant see the point??!! The last time they went to Spain they were robbed in Barcelona and so they're travelling light this year, not even bringing their passports with them - they have some sort of ID cards that they use to cross the border???!
> 
> Jo xxx


But this would mean that they would have to de-register (baja) when they left.

It would also mean that they could not be resident in France whilst here!

It's so fraught with problems that it simply isn't worth the effort.


However, I don't agree about not carrying passports. I can't see what the card can possibly be unless it is proof of identity (including photo) and has been approved. I didn't know that France had ID cards.


----------



## gus-lopez (Jan 4, 2010)

snikpoh said:


> But this would mean that they would have to de-register (baja) when they left.
> 
> It would also mean that they could not be resident in France whilst here!
> 
> ...



Yes France has ID cards but unlike Spain/Germany/Italy ertc; they are not compulsory BUT if you haven't got one you will be unable to exist over there. 
There is no requirement for passports for any country that is a signatory to the Schengen Agreement, National ID card is sufficient .

" In 2006 the directive on the right to move freely (2004/38/EC) was implemented, meaning that passportless travel is allowed in the entire European Union, if having a national identity card from an EU country. For some a passport is necessary anyway, since not all countries issue such cards for their citizens, and because Sweden requires a passport when travelling from that country to EU countries outside Schengen. " 

From here: 

Schengen Agreement - Wikipedia, the free encyclopedia

Back to Jo's friends . I wouldn't bother either. They could if they wanted to, stop at the border if they can find it & get a non-resident certificate stating that they are on vacation & for over 90 days. The chances of them having them or knowing what it is will be unlikely though. 

I'd just check with the car insurance though that they don't need additional paperwork re the insurance, as when I went to Germany last year I popped in the office just to check that the green card part of my insurance policy was actually all I required ; to be told " no you need a complete green certificate" !! They did it on the spot at no charge & this year when the renewal was up I just went in & they did me another.


----------



## NickZ (Jun 26, 2009)

gus-lopez said:


> Yes France has ID cards but unlike Spain/Germany/Italy ertc; they are not compulsory [/url]


The Italian ID card isn't required it's just relatively the most painless from of ID. It's also the cheapest to get.

The Italian ID card is only valid for international travel if the holder is an Italian citizen. Unless the rules of changed.

Don't know if this is similar for the French version.


----------

