I'm a U.S. citizen & my spouse is a Spanish national with dual citizenship Spain/U.S. does the 90/180 day Schengen rule apply to me?

Question

I'm a U.S. citizen and my spouse is a Spanish national with dual citizenship (Spain/U.S.). When traveling to Spain together does the 90/180 day Schengen rule apply to me? If not and I'm allowed longer stays do I need to apply for anything to allow the longer stays?

Answer 1

When traveling to Spain together [with a Spanish national] does the 90/180 day Schengen rule apply to me?

When travelling with (or joining) an EU citizen the 90/180 day Schengen rule does not apply to you.

Since you, as a US citizen, do not require a visa to enter the Schengen Area, you do not require a Visa for family members of a citizen of the Union.

do I need to apply for anything to allow the longer stays?

For a stay longer than 3 months in Spain, you must must apply for a residence card of a family member of a citizen of the European Union.

This must be done within three months of your date of entry into Spain, at the Non-nationals Office. You will be will immediately be given a certificate of application for the residence card.

Note: I could find no exact information what a spanish citizen, returning to Spain for longer than 3 months, must do. I assume residence registration at the relevant local police station.

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Sources:

• Residence - Acquiring residence (Directorate-General of Public Governance)
  • Registering your residence - EU Citizens
    • this does not apply to spanish citizens
  • Registering EU family members
    • this does not apply to family members who are spanish citizens
  • Registering non-EU family members
    • this does apply to family members of spanish citizens
• Visas for family members of a citizen of the Union
• BOE.es - BOE-A-2007-4184 Royal Decree 240/2007, of February 16, on the entry, free movement and residence in Spain of citizens of the Member States of the European Union and of other States party to the Agreement on the European Economic Area.