Please excuse the length of the context before I get to the question!
I have Residencia in Spain - and have a very small ‘man cave’ in a typical Spanish working town. I have been rebuilding (very slowly) a farmhouse in the Charente for over 20 years!
I am still mostly resident in the U.K. for work reasons but we work all over Europe. I am edging quickly to retirement and wish to spend much more time in my home in France (it’s not in anyway a palace but is very the heart of the family for sons and grandchildren).
I would have gone for a carte de sejour In France But was advised Residencia in Spain was very much easier.
So, now the question:
If I have Residencia in Spain and spend time there, will this count against the 90 days I can stay in another EU country after January?
I would have gone the carte de sejour route as I consider France my major residence but Residencia was simple and quick and life was complex!
Nothing is agreed, so it is not possible to predict the future.
Unless some special arrangement is made for existing EU residents, you will lose your EU citizenship, along with freedom of movement.
Since you are currently resident in the UK, I would expect that you would need a permis de sejour when you relocate in France, but I have no idea if you would be able to have that in more than one country. As a French resident you would be taxable here, regardless of where your income comes from or where you own property.
Everything else is a bit fuzzy, but it is very probable that freedom of movement will be more complicated for UK citizens.
Sadly, the WA does not seem to cover such detail despite the Political Agreement stating such issues would be agreed before the end of the transition phase.
It would also appear that some of the extreme Brexiteers are trying to trash the WA itself, and may succeed.
Goodwill from the EU is, in my view, quickly waning given the intransigence of the U.K. Govt
Yes, I agree and the conditions for the PdeS is far more stringent than for Residencia in Spain.
As my income come from a few sources, including a Crown Pension, one positive of Spanish Residencia is that so long as I don’t stay for longer than half a year and a day, I can have Residencia but am not categorised as a Fiscal Resident and can still pay tax in the UK.
My question will impact many people who remain UK citizens but have residential status in other EU countries. If their ‘90 days’ are taken up but staying in the country in which they have residential status, they may not be able to visit other EU countries.
This is potentially a huge problem for many - both working and retired. As to be expected, it is yet another issue that seems to have been overlooked by the UK Govt in a rush to ‘Get. Brexit Done’
If your residencia in Spain does not include fiscal residency and you do not have a permanent resident’s card then it sounds as if you are still to all intents and purposes a UK resident? Albeit one who spends max time outside the UK. Which suggests that you will have to follow same rules.
What do the spanish authorities say about your residencia next year? i don’t know exactly what this is, but it doesn’t sound like full residency. As post 1/1/21 if you are not a permanent resident don’t the same 90 days in 180 rules apply?
One of the big issues in the withdrawal agreement that affects a lot of people who work around Europe is that even if you have a resident’s card for one EU country you will not have freedom of movement. So visits to other countries are limited to 90 days. If you remain a UK resident then that’s what you will be stuck with.