Fred James

EU freedom of movement law has always restricted stays in one member state to 90 days. This applies to all EU citizens. After 90 days certain formalities and restrictions may be applied depending on the relevant state.

That said, Spain has never taken much notice of this, as leaving Spain for a one day visit to the nearest other country resets the 90 day clock.

Freedom of movement does not mean freedom to stay.

From the EU site:-

• EU citizens can live in another EU country for up to three months without any requirements other than holding a valid identity card or passport.
• In order to stay in another EU country for more than three months, EU citizens have to meet certain conditions depending on their status (for example worker, self-employed, student, etc.) and may be asked to comply with administrative formalities.

Lou71

It does give EU nationals the right to stay in another EU state for 183 days as my British neighbours and thousands of others did pre Brexit.

We keep having this conversation on here but everyone knows that thousands upon thousands of EU nationals stay in other EU states for six months of the year completely freely and unchallenged. Apart from one particularly complex tax case in Portugal, there is not a single precedent of someone being forced to take residency or asked to leave a member state.

Why do you think British holiday homeowners in France kicked up such a fuss when they were restricted to 90 days post Brexit and campaigned like mad to get the law changed to 183 days? None of them wanted to take tax residency in France. They have been non resident and staying in France for six months at a time for years.

Basically freedom of movement is God and it trumps everything.

Fred James

You can say and think what you like, but I just pointed out what the ACTUAL EU law says. I also pointed out that it is generally ignored, but that does not change the fact that you can only stay for 90 days according to the law, which is what Snikpoh posted.

Lou71

I can't see the point of bringing up a law that is completely ignored and has been for years - probably because it was superceded by Schengen. If the EU and its member states really wanted to enforce this law, it would be very widely publicised with numerous warnings of fines and prosecution etc and believe me, they would find a way of enforcing it.

Out of interest, have you any idea why this unenforced law was not brought up during the high profile France Visa Free campaign ie something along the lines of "the limit has always been 90 days and you were not supposed to be staying in France for 183 days pre Brexit"?

I'm curious.

Fred James

What exactly are try to prove by continuing to argue this point?

Snikpoh correctly pointed out that the EU limits residency to 90 days. You challenged that and I pointed out that he was correct.

If you still insist that what I have quoted from the EU site is not correct I suggest you contact the EU to make them aware of their error.

Otherwise, just get back on topic and stop wasting our time.

Lou71

Are you saying that the OP should rip up their plans and that they can't spend 183 days in Spain with their Spanish wife? I think that's a fair question.

I suggested the OP sends an email to Europe Direct and gets an answer directly from them and does not take the word of somebody on a forum. It's far better to seek clarity from the appropriate body.

When I wrote to ED with a similar question they said my British partner was not subject to the 90 day travel restriction as long as we travel together and I have no reason to disbelieve them.

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Fred James

I am not saying anything about what the OP should do, just pointing out what EU law actually says, since you challenged another member when he pointed out what the law says.

Red Eric

EU law doesn't even apply in this instance, since it involves a Spanish national and spouse in Spain.

The treatment of home nationals and their family members is a matter entirely for national law - EU law on these matters only extends to EU nationals and their family in other member states.

astera

Might be an interesting time to add this to the discussion: Spain has not expelled any Brits!