Residency Vs Tax Residency - Page 7

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Residency Vs Tax Residency - Page 7


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  #61 (permalink)  
Old 26th January 2020, 02:07 AM
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Quote:
Originally Posted by kaju View Post
While Spain used to have a bilateral visa waiver agreement with Australia, I've read in an unofficial blog that this was rescinded in the 1970's.

You can do the longer stay (if you meet the country's specific conditions) in some Schengen countries, but not all:
https://www.smartraveller.gov.au/bef...ngen#bilateral

Even then, the different countries involved can have different conditions to each other.

With regard to Spain and Australia, both the Australian Smart Traveller website and the Spanish Embassy website in Australia do not include any information about the old bilateral visa waiver (rather than the current Schengen variety) and the Aus site does list all the countries that still have that agreement - and unfortunately Spain is not there.

I doubt very much whether such an agreement would be permitted in future either - more likely, those Schengen countries with it may gradually shut that option down sometime in future, just like Spain apparently has.
Australians like i believe 60 nations do not have to seek a formal schegen visa for stays of 90 days or less. For visa waiver agreement countries including for example germany nd spain one must apply first for the Schegen visa - that is the visa that other non-EU countries must apply for. Then and only then can you stay longer than the 90 days

see here for spain

https://www.etiaseurope.eu/etias-req...tralian/spain/

Germany requires you to leave and re-enter from a non schegen state spain does not. france has slightly different rules again

in answer to whether i am talking of a tax regime no, i am not. i appreciate this is a thread about tax but there was a query above about wanting to stay for four months and so i thought this information might be useful to that poster
paul

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  #62 (permalink)  
Old 26th January 2020, 08:16 AM
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Quote:
Originally Posted by paulhe View Post
Australians like i believe 60 nations do not have to seek a formal schegen visa for stays of 90 days or less. For visa waiver agreement countries including for example germany nd spain one must apply first for the Schegen visa - that is the visa that other non-EU countries must apply for. Then and only then can you stay longer than the 90 days

see here for spain

https://www.etiaseurope.eu/etias-req...tralian/spain/

Germany requires you to leave and re-enter from a non schegen state spain does not. france has slightly different rules again

in answer to whether i am talking of a tax regime no, i am not. i appreciate this is a thread about tax but there was a query above about wanting to stay for four months and so i thought this information might be useful to that poster
paul
Spain is NOT a visa waiver country any more. You can't stay 90 days + 90 days like you can with some other Schengen countries.

You don't have to "seek" or "apply for" a Schengen visa - in fact you can't - you get it automatically on arrival, you are deemed to have applied because you are an Australian Citizen - you have up to 90 days to stay in Spain, as you are given a Schengen visa.

You will have to apply for an ETIAS clearance to visit Spain (even for less than 90 days) after ETIAS comes into place next year, but that's really to enable a security check and get a little income, you'll still effectively be getting a 90 day Schengen visa even then, and the ETIAS approval will cover the next 5 years. So you could then come and go for 90 days in 180 repeatedly if you wanted to, for up to 5 years, but that 90 days is for both Spain and the other Schengen countries combined.

The website you quote is a private website, it is not official. It says "A Schengen visa is mandatory for all nationals of Australia who stay in the country for a period greater than 90 days.
For short stay visits (less than 90 days within a period of 180 days), the visitors are exempted from obtaining a valid Schengen visa."


This statement is clearly incorrect - even if there was a visa waiver agreement in place with Spain, most Australians would simply arrive and stay for up to 90 days with no visa application needed, and are automatically entitled to a Schengen visa on arrival - a Schengen visa is granted with no application, simply on the basis that you are an Australian Citizen.

The latter part of the statement on the website "For short stay visits (less than 90 days within a period of 180 days), the visitors are exempted from obtaining a valid Schengen visa." is simply not true, as normal Australian visitors/tourists automatically receive a Schengen visa, although they may never realise that. In fact, the Schengen visa they are given is the reason they are allowed to stay 90 days.

The author of the private website is getting confused, and they are certainly mistaken. It would have been true a long time ago that an Australian could arrive and use the visa waiver agreement to get 90 days and then get an (automatic) Schengen visa for another 90 days, but since the agreement was rescinded, you can only stay for 90 days in Spain (with an automatic Schengen visa) in 180 days. To stay longer you'd need a another different visa.

It's generally better to check with officialdom, rather than using private websites. The link I gave you shows that there is visa waiver agreements in place with some countries, but Spain is not listed. The Spanish Embassy in Canberra does not include it in the list of possible visas either.

The upshot is however, that you can just arrive on an Aus passport and stay in Spain for 90 days with no visa application - you get a 90 day Schengen visa when you arrive. There is no visa agreement with Spain anymore to extend that period to 180 days.
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Last edited by kaju; 26th January 2020 at 08:27 AM.
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  #63 (permalink)  
Old 26th January 2020, 08:24 AM
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Kaju

Thanks for your post, but do you mean this Spanish government web page

http://www.exteriores.gob.es/Portal/...aDuracion.aspx

is incorrect


Quote:-

Long-Term Visas

These visas entitle their holders to reside, work, study or research in Spain.
31/12/2012

Procedures and conditions for issuing these visas can be found in Organic Law 4/2000 and in its Regulations, approved by Royal Decree 557/2011.

These visas entitle their holders to reside, to reside and work, to study, or to research in Spain. All foreigners wishing to enter Spain to reside, reside and work, or study, need to hold a visa of this kind, unless they are citizens of the European Union, Iceland, Liechtenstein, Norway or Switzerland

Applications for long-term visas must be submitted through a duly completed application form (original and copy), which may be downloaded for free on this website or may also be obtained for free at Spain's Diplomatic Missions or Consular Posts abroad.

Visas must be applied for in person or through a duly accredited representative at the Spanish Diplomatic Mission or Consular Post of the district in which the applicant legally resides.

When submitting an application for a visa, an established fee must be paid (generally € 60), which shall not be refunded in the event of the application being denied. In certain cases, which should be consulted at Spanish Diplomatic Missions or Consular Posts, current legislation sets forth a reduction or waiver of the fee. Other requirements should be consulted at the Diplomatic Mission or Consular Post where the visa is to be applied for, because they can vary depending on the reason for the trip and the applicant's country of origin.

Persons wishing to reside in Spain must obtain prior information about the procedures from the relevant bodies, mainly from the Ministry of the Interior and the Ministry of Employment and Social Security.

The deadline for processing long-term visa applications is one month after the application has been submitted, except for the case of non-lucrative residence visas, in which the deadline shall be three months. In the event that a visa is issued, it must be collected personally at the relevant Diplomatic Mission or Consular Post, although it is possible for a duly authorized representative to collect it, within a month after notification of issuance.

In the event that a visa is refused, the applicant shall be notified by means of a standard form indicating the grounds for refusal. In this case, a contentious-administrative appeal may be lodged before the High Court of Justice of Madrid within two months after the notification date, or, optionally, an appeal for reversal before the same Diplomatic Mission or Consular Post within a month after the refusal notification date.


Last edited by Juan C; 26th January 2020 at 08:26 AM.
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  #64 (permalink)  
Old 26th January 2020, 08:38 AM
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Quote:
Originally Posted by Juan C View Post
Kaju

Thanks for your post, but do you mean this Spanish government web page

Long-Term Visas

is incorrect
No, it's not incorrect - that webpage refers to permanent visas for Spain.

I was referring to paulhe's post, where, because he is Australian, he was hoping to stay more than 90 days in Spain, using the 90 day Schengen visa and 90 days allowed by a bilateral visa waiver agreement with Australia.

However that visa waiver agreement no longer seems to exist, so he is limited to 90 days stay using a Schengen visa, unless he was to apply for some other form of visa.

Those other forms of visas are talked about on the webpage you linked to - however they do of course require more conditions than a simple 90 day Schengen visa, and are harder to get.

The short-term 90 day Schengen visa simply requires that he has an Australian passport, as did the now-dead bilateral visa arrangement between Spain and Australia which would have given him an extra 90 days when that agreement existed.
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Last edited by kaju; 26th January 2020 at 09:01 AM.
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  #65 (permalink)  
Old 26th January 2020, 08:49 AM
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Kaju.

Thanks for that.

I had not read the incredibly long “Organic Law 4/2000 and in its Regulations, approved by Royal Decree 557/2011.” Have skimmed part of it I now understand.

Thanks again.
Juan

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