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.

No, this is not the case. Under the current rules of the Schengen Area, the 90/180-day rule applies to British citizens, as the UK is no longer part of the European Union and is treated as a third-country national.

However, as an Irish passport holder, you are an EU citizen with the right to travel, live, and work freely within the EU, slope including Spain, without being subject to the 90/180-day rule. Unfortunately, this right does not automatically extend to your non-EU spouse unless specific legal steps are taken.