# Long stay visa



## Pearse family (May 22, 2021)

Hi,
My husband and I are planning a trip to Spain next month, travelling to different parts of Spain. We will be staying for over 3 months.
I am a British Citizen and my husband is an Irish citizen. We reside in the UK.
I am aware that I don't require a visa to stay 3 months in a 6 month period but as we ill be staying longer, I wanted to know whether I can apply for a long stay visa?
The fact that my husband is an EU citizen, and I will be with him the duration of the trip, will I be exempt from the 90/183 rule? 
Can anybody help with this?
Thanks,


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## Lynn R (Feb 21, 2014)

There is no such thing as a long stay visa enabling third country nationals to stay for longer than 90 days in 180 as visitors - please see the official information on the Spanish Consulate (London) website.







Visas (FAQ)







www.exteriores.gob.es





Your husband, as a citizen of an EU member state, would be in the same position as a UK citizen was pre-Brexit - ie, if intending to be in Spain for longer than 90 days, obliged to register as a resident. Of course, in those days many UK citizens stayed for longer and a blind eye was effectively turned to that (and that is most likely still the case for EU citizens). But if he would be doing something that the regulations don't allow for, I cannot see that you as his spouse could claim eligibility to accompany him.


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## Pearse family (May 22, 2021)

Lynn R said:


> There is no such thing as a long stay visa enabling third country nationals to stay for longer than 90 days in 180 as visitors - please see the official information on the Spanish Consulate (London) website.
> 
> 
> 
> ...


Thank you.


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## MataMata (Nov 30, 2008)

The simple fact of being married to an Irish - or any other - EU citizen in no way alters the fact that you yourself are a British 3rd country citizen and subject to all that implies.

With a few very specific exceptions only residents are exempt from the 90/180 day rule.


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## Phil Squares (Jan 13, 2017)

MataMata said:


> The simple fact of being married to an Irish - or any other - EU citizen in no way alters the fact that you yourself are a British 3rd country citizen and subject to all that implies.
> 
> With a few very specific exceptions only residents are exempt from the 90/180 day rule.


Really? Are you sure about that? 

The reason I ask is that I am an EU citizen (ROI) and my wife is American. We have been living outside of the US for the last 25 years and 15 of those in the EU/UK. She seems to have all the same rights as I do as an EU citizen. When we moved to Spain, I received my residencia first then she got her TIE based on her status as a dependent of an EU citizen. She has the right to work, freedom of movement. 

With respect to staying in an EU state over 90 days, again she could do that. In fact, if you read the statute regarding an EU citizen spending more than 90 days in an EU country, there is no actual requirement to register. The language states a person "may" register. Residence rights when living abroad in the EU

In fact, when we first moved to the UK, we completed the paperwork for a family visa and it took the Home Office over 2 years to process that because there was NO requirement for a family visa. Again, the operative word was "MAY".


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## NickZ (Jun 26, 2009)

Spouse of an EU national has basically the same rights of an EU national.

The OP problem is free movement was never intended for tourism. You can move for work,study or to retire. Assuming you can meet what ever standard the local government sets. But tourism? Not covered.









Your non-EU spouse and children's residence rights in the EU - Your Europe


You are an EU citizen moving to another EU country to live, work or study? Your spouse, children and grandchildren can join you, even if they are not EU nationals.




europa.eu


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## NickZ (Jun 26, 2009)

Phil Squares said:


> With respect to staying in an EU state over 90 days, again she could do that. In fact, if you read the statute regarding an EU citizen spending more than 90 days in an EU country, there is no actual requirement to register. The language states a person "may" register.


No the may means you may be _*required*_. Not that you may *choose* to register. If the government requires you to register you're supposed to register.

Problem is the governments can't do much if you don't so nobody bothers to police it.


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## Bevdeforges (Nov 16, 2007)

I believe that to take advantage of that EU "residence rights" thing, you need to establish some sort of residence in Spain for whatever period you wish to remain there. But check with the Spanish consulate - obtaining a "long stay" (i.e. anything longer than 90 days) as a tourist shouldn't be all that onerous. You may, however, be required to give them some address in Spain where you can be reached for any "official" reasons, plus meet some other requirements related to "long stay" visas.


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## Lynn R (Feb 21, 2014)

Bevdeforges said:


> I believe that to take advantage of that EU "residence rights" thing, you need to establish some sort of residence in Spain for whatever period you wish to remain there. But check with the Spanish consulate - obtaining a "long stay" (i.e. anything longer than 90 days) as a tourist shouldn't be all that onerous. You may, however, be required to give them some address in Spain where you can be reached for any "official" reasons, plus meet some other requirements related to "long stay" visas.


Spain does not have such a thing as a long stay visa for tourists. There are only long stay visas to live in Spain without working, to live and work, or to study. This is the full list of the various types of Spanish visa which do exist (from the website of the Spanish Consulate in London).


NATIONAL VISAS


Student
Non-lucrative residence
Highly qualified professional
Investors and entrepreneurs 
National and EU researcher
Employment work
Employment work with fixed-term contract
Working permit exemption
Internship
Intra-corporate transfer
Work under transnational provision of services
Self‐employment work
Family reunification under general regulation

The following is taken from the Spanish consulate website (Los Angeles) regarding the non lucrative visa (which of course would involve the OP having to provide proof of funds (a minimum of €27k per year) and private heatth insurance with no co-payments or exclusions - the website specifically says travel insurance with health cover is not acceptable).

"The visa from our department will only be valid for 90 days. During the first month of your stay in Spain, you must go to the Local Immigration Office (Extranjería) and apply for your Tarjeta de Identificación de Extranjero (in short, Tarjeta NIE). Once receiving your Tarjeta NIE, you will be able to stay for the duration of your programme. Be sure to take the original background check and medical certificate along with their original translations with you to Spain for the process."

Good luck to anyone wanting to obtain an appointment to apply for a TIE within a month of their arrival. After the initial process to apply for the TIE has been completed they would then have to return to the same office where their fingerprints were processed to collect the card, after a minimum of 42 days has elapsed.


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## kaipa (Aug 3, 2013)

Lynn R said:


> Spain does not have such a thing as a long stay visa for tourists. There are only long stay visas to live in Spain without working, to live and work, or to study. This is the full list of the various types of Spanish visa which do exist (from the website of the Spanish Consulate in London).
> 
> 
> NATIONAL VISAS
> ...


I have been told that my card will be ready in 20 days from date of fingerprint. It depends on the office and area


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## MataMata (Nov 30, 2008)

Phil Squares said:


> Really? Are you sure about that?
> 
> The reason I ask is that I am an EU citizen (ROI) and my wife is American. We have been living outside of the US for the last 25 years and 15 of those in the EU/UK. She seems to have all the same rights as I do as an EU citizen. When we moved to Spain, I received my residencia first then she got her TIE based on her status as a dependent of an EU citizen. She has the right to work, freedom of movement.
> 
> ...


You're comparing apples and pears.


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## Phil Squares (Jan 13, 2017)

MataMata said:


> You're comparing apples and pears.


I don't think so. You are wrong. But, I am always willing to listen....


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## Overandout (Nov 10, 2012)

Phil Squares said:


> I don't think so. You are wrong. But, I am always willing to listen....


But the EU site you have linked to only sets out the basic principles of freedom of movement. The EU does not and cannot stop individual member states imposing rules and requirements for EU citizens to exercise those rights. 
In fact if you type "Spain" in the box "ask about a specific country" you will see the requirements that Spain sets to reside here.
This does not go against EU Directives and is even reflected on the EU websites.

Your wife as US citizen has the same rights as you (an EU citizen) because you have fulfilled the Spanish requirements for EU residents in Spain and she is your wife. Remove either one of those conditions and things would be very different for her.


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## Phil Squares (Jan 13, 2017)

Overandout said:


> Your wife as US citizen has the same rights as you (an EU citizen) because you have fulfilled the Spanish requirements for EU residents in Spain and she is your wife. Remove either one of those conditions and things would be very different for her.


First of all, I never said an EU country has the option/ability to make things more restrictive but they can't make it less restrictive. Thus the language is around the word MAY. The last time I looked, Spain had the operative word MAY in their language about registering. 

With respect to my wife, you are almost correct. If I disappear for some reason, she can still continue with her current status, just as if I was still in the picture. If what you said was true, upon my death she would have to go back to the US and leave our adult children in the UK.


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## MataMata (Nov 30, 2008)

Phil Squares said:


> I don't think so. You are wrong. But, I am always willing to listen....


You're resident, the OP is a tourist, if that's not apple-v-pear I don't know what is.


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## Phil Squares (Jan 13, 2017)

But if they stay over 90 days, regardless if they register or not, they are not tourists anymore, but residents.


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## NickZ (Jun 26, 2009)

To be residents with all the rights they need to register.

But is everybody arguing the letter of the law or reality?

If they don't register and somehow get caught all they have to do is register. The police know this . The odds anybody is going to care is pretty low. What could anybody do if they wanted to punish them? 

Or they could just cross the border for a day. After 88 days spend the night in France and the ninety day clock restarts on residence.


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## Bevdeforges (Nov 16, 2007)

NickZ said:


> Or they could just cross the border for a day. After 88 days spend the night in France and the ninety day clock restarts on residence.


Um, it's actually 90 days in any rolling 180 day period. So one night in France only gives you an extra day in that rolling 180 day period.


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## NickZ (Jun 26, 2009)

That's the tourist rule not the requirement to register for residence.


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## Bevdeforges (Nov 16, 2007)

Right, but my understanding is that the OP doesn't want to register for residence, but rather just to visit for more than 90 days as a tourist. If the EU national in the family doesn't qualify for residence, then neither does the non-EU spouse and the regular tourist rules apply for the non-EU member of the family.


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## NickZ (Jun 26, 2009)

My understanding is they are planning to register sooner or later but want to tour Spain and France to figure out where. 

But my point is there is what's legal and what will likely happen in the real world.

We all know plenty of people never registered. It was wrong but nothing happened to them.


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