Question
EU citizen spouse residency in Spain: Both myself and my husband are US citizens. In addition, my husband is an EU citizen from a different EU country. For the time being, we don’t want to permanently move but rather spend 3-6 months a year in Spain.
Am I wrong to believe we can simply register while in Spain if we intend to stay more than 90 days? We would maintain our primary residence in the US and not stay in Spain more than 183 days a year (so we maintain US tax resident status in the US).
While in Spain, we would rent an apartment short term for 3 to 6 months. Am I oversimplifying this?
Answers
These are the answers of Spainguru’s Facebook group members:
“This is correct in principle, but a tad oversimplified. The EU citizen must apply for a residence certificate, which involves an application (Form EX-18), proof of EU citizenship (passport), proof of sufficient funds to support oneself, 12 months of prepaid private health insurance, proof of employment (if applicable), and proof of address in Spain.
All foreign documents should be translated into Spanish. Once submitted, the EU citizen will have the ‘green card’ residence certificate and NIE within a week.
After that, the spouse must apply as a Family Member of an EU Citizen to obtain a formal five-year temporary residence card and NIE. This requires Form EX-19, proof of employment, proof of address in Spain, purchased health insurance policy, a marriage certificate or proof of partnership (not older than 90 days) with an apostille, and a copy of the EU citizen’s green card. All foreign documents should be translated into Spanish. This process can take 2-6 months to complete.”
“Do nothing. You are taking a long vacation, not establishing residence, so you are perfectly fine. The suggestions to register for residence conveniently omit the hurdles you would need to jump through to even attempt this. For example:
- You would need 12 months of fully comprehensive medical insurance.
- Your temporary accommodation would not get you on the padrón, which means your residence registration would likely be declined.
- The whole process takes six months, so you would have left before it was completed.
Simply do nothing and take advantage of the fact that you are not subject to the 90/180 limitation when traveling with an EU spouse.”
“Rules are flexible, especially when the spouse is European. However, the police were very clear that a non-EU citizen cannot stay longer than 90 days without proper permission.”
“It’s all about how Spanish law defines the maximum permitted ‘visiting periods’ for a non-EU spouse. There is no rigid definition of residence with measurable time periods like the Schengen 90/180 rule. Residence rules are designed to be subjective and applied retrospectively.”
“The law is complicated and fuzzy on this. The reality is that your husband, as an EU citizen, has the right to have his spouse accompany him when coming and going. That means the spouse is not subject to the 90 in 180-day limit for non-EU citizens in the Schengen area IF they are traveling with the EU spouse.
The reality is that if he goes to Spain, stays up to 179 days, and then leaves, and you accompany him, it’s not an issue. The border guards on your way out might hassle you a bit, but once you show your marriage and he’s exercising his right to freedom of movement, there’s no law being broken.”
“If you have a permanent home (that you do not rent out) in the US and the majority of your finances and family/friends in the US, you can live in Spain more than 183 days a year and not pay Spanish taxes. The IRS form you need is the 6166. This proves you are only a US tax resident and exempt from paying Spanish taxes.”
Conclusion
Based on the responses, spending 3-6 months a year in Spain with an EU citizen spouse is feasible without registering as a resident, provided you do not exceed 183 days annually to avoid Spanish tax residency.
However, the process of registering for residency involves considerable paperwork and time, which may not align with your intention to visit temporarily. Some contributors advise doing nothing, as EU family members are not subject to the Schengen 90/180 limitation.
Ultimately, the decision to register or not depends on your long-term plans and comfort with administrative processes.
