Will their plan work?

plan work

Q.- Can you clarify for us the ruling of 90/180 days? When we contacted the Spanish Embassy recently we were told we need to count backwards. These are the dates of our visits to Spain in 2021 and our plan for 2022.
We arrived in Spain June 6, 2021, and we departed Spain for UK July 29, 2021, for a stay of 54 days. Then we returned to Spain on October 14, 2021 and departed from Spain for UK November 11, 2021, for a stay of 29 days. This gives a total of 83 days in our 180-day period.
Now we plan a new visit in 2022, arriving February 13, 2022 (can we stay for the 90 days?) and is February 13 okay to depart?

S W (by email)

A.- Your plan should work. Your visits in 2021 are correct. Now, in order start a new period of 90 days in 180 days, you need to be absent from Spain for at least 90 days. If you left Spain November 11, 2021, and you plan to return February 13, 2022, this gives you 97 days outside Spain, thus meeting the requirement. My guess is that the Spanish embassy meant that you must count backwards from February 13 to see if you have been absent 90 days.
Send your questions for David Searl through lawyers Ubeda-Retana and Associates in Fuengirola at Ask@lawtaxspain.com, or call 952 667 090

Author badge placeholder
Written by

David Searl

You and the law in spain Send your questions for David Searl through lawyers Ubeda-Retana and Associates in Fuengirola at Ask@lawtaxspain.com, or call 952 667 090.