A different EU v UK question on boat place

Hooligan said:
I also had same situation ie right for an Irish passport which I gratefully accepted. No have a boat in Greece although it was in the EU - Italy - over B ye so VAT ok. Herewith my thoughts

1. The Irish passport means no 90/180
2. The air ish passport means you are sipping Pina Coladas on the beach as the rest of EasyJet is clearing immigration. Heaven
3. If boat is considered VAT paid then nationality is irrelevant as everyone suggests already
4. To the point above that I believe is a matter of how you choose to play it. You have the luxury of choosing which passport you use. Therefore I believe that @Hurricane point is valid ie your boat could be considered a U.K. boat. BUT if you use your U.K. passport then it is not unless someone decides to investigate which I can assure you won’t happen or at least very very unlikely. So I think it is all about your risk tolerance versus paying another VAT charge.
Click to expand...
I should add that @petem is almost certainly correct, so last point not relevant. In any case as @kashurst so eloquently put it - do not hesitate. I give thanks to my Grandfather every time I jump on a plane.
 
Portofino said:
90 in 180 rule has always been there .No change post brexit .Pre brexit folks and officialdom never checked nor enforced it .That’s on the books to change in euro land too enforcement.
Idea is you should pay taxes in the country you spend most of your time in .
Pretty simple really .A lot don‘t and abuse the freedom of movement ethos .Ie Germans scheping around Iberia in van

Post brexit Brussels has started to enforce it on U.K. citizens.
How ever you can apply for long stay visa s always have been able to .A few on here with a marina berth letter and short appointment at the French embassy have successfully gained 6 months long stay visa .Nothing new there they are actually doing it properly.Should have always done that but never bothered as the wider EU never checked .

Remember there are plenty of other 3 p s languishing in the EU with long stay visa s .

A EU passport might seem a short term solution for folks wanting to not officially bother with visas , ( they always should have );but once Brussels get there act together re 90 in 180 with there own citizens to rebase the “ paying tax in the state where you spend most time rule “
with this - ETIAS.

Theres a myth floating about you lost something with Brexit .You didn’t.You just have to do things properly.
Click to expand...
100% incorrect. Maybe even 110%.
 
petem said:
Are you saying that the 90 in 180 rule applied when the UK was part of the EU? If that's the case, why wouldn't it apply to a French person visiting Spain?
Click to expand...
It doesn't. With FOM you have to register your presence after 90 days but you were automatically allowed to stay if you had means. After a different number of days (usually 183, but country dependent) you become tax resident.
ColleyV8 said:
Was working on semi retirement with work from boat consultancy and some time back in UK where I live in Wales
Click to expand...
If working on an EU passport, that should be fine. If UK, you need to see if your work is allowed in the EU country you're in. The withdrawal agreement lists the rules for each employment sector in each country, some are allowed, some allowed with caveats, some banned outright and some of them have arcane rules attached.
 
Here you all are .After 90 days EU citizens in other EU counties are supposed to register , police , town hall obtain a registration certificate etc .
Happy to repeat a third time NOT many Do and not many Brits did pre Brexit .But you should have done when U.K. was in the EU .

How ever some Schengen , ie the Swiss are keen to enforce it , you know Portuguese staff etc .It is suppose to put the break on dodgy people .It’s at this point a person could be refused and are by those member states adhering , despite all this Schengen “ freedom of movement I know my rights “ malarkey.

Once your 90 days are up you suppose to seek registration with the authorities. So nothings changed post brexit



EUR-Lex - l33152 - EN - EUR-Lex


Registering your residence abroad after the first 3 months - Your Europe
 
Portofino said:
Here you all are .After 90 days EU citizens in other EU counties are supposed to register , police , town hall obtain a registration certificate etc .
Happy to repeat a third time NOT many Do and not many Brits did pre Brexit .But you should have done when U.K. was in the EU .

How ever some Schengen , ie the Swiss are keen to enforce it , you know Portuguese staff etc .It is suppose to put the break on dodgy people .It’s at this point a person could be refused and are by those member states adhering , despite all this Schengen “ freedom of movement I know my rights “ malarkey.

Once your 90 days are up you suppose to seek registration with the authorities. So nothings changed post brexit



EUR-Lex - l33152 - EN - EUR-Lex


Registering your residence abroad after the first 3 months - Your Europe
Click to expand...
The requirements to register presence as part of FOM and the 90 in 180 rule for third country travellers are not the same thing. It's just a coincidence that the time is 90 days in both. There was no requirement to leave after 90 days in FOM.
 
Portofino said:
Once your 90 days are up you suppose to seek registration with the authorities. So nothings changed post brexit
Click to expand...
Some countries may ask for your local registration. Can you give a link to a country in the EU/Schengen where you have to register if staying beyond three months.
Pre brexit I used to come and go to EU land all the time. It was rare anyone even checked my passport on entry/exit except the airline at checkin. Now my passport is stamped every time in and out. Soon I will have to be fingerprinted in and out. We have to constantly check dates backwards and forwards in time using the schengen rule calculator to make sure we have not exceeded the 90 day in any 180 rule - Anyone who travels to europe a lot will know what a pain in the arse that is and how easy it is to get caught out. And you say nothings changed...............
 
Last edited:
jfm said:
This is not correct.

To OP: if you move your personal residence from outside the EU into the EU, you can bring your boat with you and it becomes VAT paid in the EU (in "free circulation") without you having to pay EU VAT. There are quite a lot of detailed conditions to get this relief, but they are not difficult and this is quite commonly done. The law is Article 3 of EU Regulation 1186/09. You should get expert help and not rely on a forum like this unless you know how to sort wheat from other solids. Ignoring everything that Portofino says, and following everything that Tranona says, would be a good start :)
Click to expand...
That and your post #18 all makes perfect sense.

I always try and work out the rational for these rules/regulations.

90/180 is, of course, so that tourists can visit the EU on holiday.

The point about bringing your boat when you change residence also makes sense - to enable people to take their possessions with them.
I remember a few years ago looking into the Spanish terms where you could apply for relief if you moved to Spain.
Presumable this is just that EU regulation that you quoted.

Thanks for posting.
 
Portofino said:
EUR-Lex - l33152 - EN - EUR-Lex
Click to expand...
And that proves the point that we're all trying to make.

When the UK was in the EU, we had the right to live in the EU for 90 days without any conditions. After 90 days we had the automatic right to stay in the EU with the simple requirement that we had the means to support ourselves (and would not be a burden on the host nations welfare / health services).

As a 3rd party country we have lost the automatic right to stay in an EU country after 90 days.
 
ColleyV8 said:
I'm a UK resident and national, but, found out as I was born in Southern Ireland, I am automatically an Irish citizen and can get dual nationality and passport etc
Click to expand...

As a minor tangent to the thread, my father was born in Northern Ireland and - surprisingly - that entitles me to an Irish passport. I haven't applied since it doesn't entitle my wife to an Irish passport and it's not much use for only me to be able to escape the 90/180 rule.
 
petem said:
And that proves the point that we're all trying to make.

When the UK was in the EU, we had the right to live in the EU for 90 days without any conditions. After 90 days we had the automatic right to stay in the EU with the simple requirement that we had the means to support ourselves (and would not be a burden on the host nations welfare / health services).

As a 3rd party country we have lost the automatic right to stay in an EU country after 90 days.
Click to expand...

Exactly! I think Porto's point is that the the EU/Schengen rules have not changed as a result of Brexit ... it is the UK's status that has changed, and as a result UK citizens now have to follow the procedures that have always applied to non-EU/Shengen nationals.

The requirement to register with national authorities after 90 days of presence has always been there. Most people taking advantage of freedom of movement within the EU do so for work and become registered because they need to pay local taxes, social security, go to the doctor, etc. The number of people with second homes in another EU country, or travelling or vacationing and spending more than 90 days in a country without employment is quite small, and so the requirement to register has been largely ignored by everyone. Registration is not just an administrative formality as it effectively announces your presence to the tax and other fiscal authorities who could then decide to query your residence status and chase you for wealth. income and other taxes, some of which are also applicable to non-residents.
 
MikeBz said:
As a minor tangent to the thread, my father was born in Northern Ireland and - surprisingly - that entitles me to an Irish passport. I haven't applied since it doesn't entitle my wife to an Irish passport and it's not much use for only me to be able to escape the 90/180 rule.
Click to expand...
Close family (e.g. spouses and partners) travelling with an EU citizen (e.g. Irish passport holder) enjoy the same travel freedoms / benefits as the EU citizen.
 
Portofino said:
Here you all are .After 90 days EU citizens in other EU counties are supposed to register , police , town hall obtain a registration certificate etc .
Happy to repeat a third time NOT many Do and not many Brits did pre Brexit .But you should have done when U.K. was in the EU .

How ever some Schengen , ie the Swiss are keen to enforce it , you know Portuguese staff etc .It is suppose to put the break on dodgy people .It’s at this point a person could be refused and are by those member states adhering , despite all this Schengen “ freedom of movement I know my rights “ malarkey.

Once your 90 days are up you suppose to seek registration with the authorities. So nothings changed post brexit



EUR-Lex - l33152 - EN - EUR-Lex


Registering your residence abroad after the first 3 months - Your Europe
Click to expand...
You misunderstand what registering is about - it is not a requirement of the EU but of individual states, hence the use of the word "may" rather than "must". Not only that it is nothing to do with Schengen entry rules which are concerned with third country nationals NOT EU citizens. EU citizens have freedom of movement throughout the EU including as I pointed out member states which are not in Schengen such as Ireland and until this year Croatia. Worth noting that UK citizens have rights under the CTA to travel to live and work in Ireland without any restrictions.

At the risk of repetition you seem to have limited understanding of the subject and have made up your own interpretation by confusing EU freedom of movement (which came from the Lisbon treaty) and Schengen rules as applied to third country citizens, which as jfm says is 110% wrong.
 
Last edited:
You must log in or register to reply here.

Share this page

Top