Query on the 90 day rule

Sorry to bring this up, as it may have been discussed before I joined the forum. I have an Irish passport but my wife has a British passport only. We are non residents and own a property in Spain. I have been told that if my wife is travelling with me those days do not count to the 90 days. Is this the case?

Firstly, you are bound by the 90 day rule as well, as are all EU citizens, unless you register your stay with the foreigners' office where you will be required to show you have sufficient funds and complete health care as your EHIC/GHIC is only valid for 90 days. If you stay over 183 days in one calendar year you could be classed as a fiscal resident and pay income tax in Spain. What doesn't count is the 90 in 180 rule so you could stay for 90 days, leave for a week or less and then return again without waiting the 90 days like non EU citizens do. Your wife can accompany you under exactly the same rules as you so, if you register and stay up to 6 months at one go, she can as well. The 90 in 180 will not apply to her during these periods but will kick in if she travels anywhere in the Schengen area without you. 

Always providing she is accompanying you or visiting to be with you. 

Hi

Many thanks for that information, which is somewhat different from my previous understanding.

As you will be aware border control at the airport do not stamp my passport, however I suppose they could randomly select me for further investigation.

My wife only travels with me over the winter period and we return to the UK for a couple of weeks over Christmas and New Year. We return to Spain in early January until mid February. Thereafter my wife will not return to Spain until October.

Thank you so much for the info.

This message was last edited by BrandonLancaster on 2/4/2025.

Yes, your wife can accompany you to Spain without affecting your 90-day allowance, provided she holds a valid UK passport. As your spouse, she benefits from the EU's freedom of movement rights. This means she can travel with you within the Schengen Area for up to 90 days in any 180-day period without the days counting against her own allowance.​

However, it's important to note that this exemption applies only when she is traveling with you. If she travels independently, she would be subject to the standard 90/180 rule applicable to UK passport holders post-Brexit.​

To ensure smooth travel, it's advisable to carry documentation proving your relationship, such as a marriage certificate, especially if your wife doesn't have an EU family member residence card. While not always required, having this documentation can help clarify her status if questioned by border authorities

If you plan to stay in Spain for longer than 90 days, your wife would need to apply for a residence card as a family member of an EU citizen. This application should be submitted within three months of your arrival in Spain. Once issued, this card allows her to reside in Spain legally and facilitates travel within the EU.

For more detailed information on the application process and requirements, you can refer to the Spanish government's official guidelines on registering non-EU family members of EU citizens.​

If you have further questions or need assistance with the application process, feel free to ask.