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Spanish resident - how long can I spend in UK

Posted: Wed Oct 20, 2021 1:01pm
13 replies550 views4 members subscribed
Jole

Posts: 19

5 helpful points

Location: Hacienda Riquelme

Joined: 27 Mar 2019

We have recently received our Spanish residency and would like to know how long I can spend in UK before I would break their residency and tax rules.

Is is 180 days a year?  Is there also a rule that you have to average that 180 days over 4 years?

Any help would be appreciated.

thanks

Jole

oadbyman

Posted: Wed Oct 20, 2021 1:46pm

oadbyman

Helpful member

Posts: 145

107 helpful points

Location: Los Alcázares

Joined: 14 Jun 2020

Posted: Wed Oct 20, 2021 1:46pm

not sure but no more than half a year I understand, in any tax year.

Stevie100

Posted: Wed Oct 20, 2021 8:11pm

Stevie100

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Posts: 274

276 helpful points

Location: Sucina

Joined: 24 Feb 2020

Posted: Wed Oct 20, 2021 8:11pm

Jole wrote on Wed Oct 20, 2021 1:01pm:

We have recently received our Spanish residency and would like to know how long I can spend in UK before I would break their residency and tax rules.

Is is 180 days a year?  Is there also a rule that you have to average that 180 days over 4 years?

Any help would be appreciated.

thanks

Jole

Under the new system, if you’re an EU, EEA and Swiss citizen, you can continue to come to the UK as a visitor without applying for a visa and in most cases, will be able to stay for up to six months.

Hope this helps

oadbyman

Posted: Wed Oct 20, 2021 10:35pm

oadbyman

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Posts: 145

107 helpful points

Location: Los Alcázares

Joined: 14 Jun 2020

Posted: Wed Oct 20, 2021 10:35pm

Stevie100 wrote on Wed Oct 20, 2021 8:11pm:

Under the new system, if you’re an EU, EEA and Swiss citizen, you can continue to come to the UK as a visitor without applying for a visa and in most cases, will be able to stay for up to six months.

Hope this helps

I assume from the way the question was put that the poster was

UK or Irish Citezen and w3ants to stay in UK as long as possible without becoming resident and maybe losing His/ Her Spanish residency

Jole

Posted: Mon Oct 25, 2021 12:27pm

Jole

Original Poster

Posts: 19

5 helpful points

Location: Hacienda Riquelme

Joined: 27 Mar 2019

Posted: Mon Oct 25, 2021 12:27pm

oadbyman wrote on Wed Oct 20, 2021 10:35pm:

I assume from the way the question was put that the poster was

UK or Irish Citezen and w3ants to stay in UK as long as possible without becoming resident and maybe losing His/ Her Spanish residency

Hi 

Yes that is correct I am trying to confirm the number of days in UK before reverting back the UK residency.  I have conflicting information; 

A) I can spend less than 180 days year and not be resident

B) the number of days has to be averaged over 4 years and is then only 93 days in a year.  So I am not sure why it is not 93 per year to start with. It is confusing.

thanks for any clarification

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oadbyman

Posted: Mon Oct 25, 2021 12:46pm

oadbyman

Helpful member

Posts: 145

107 helpful points

Location: Los Alcázares

Joined: 14 Jun 2020

Posted: Mon Oct 25, 2021 12:46pm

Jole wrote on Mon Oct 25, 2021 12:27pm:

Hi 

Yes that is correct I am trying to confirm the number of days in UK before reverting back the UK residency.  I have conflicting information; 

A) I can spend less than 180 days year and not be resident

B) the number of days has to be averaged over 4 years and is then only 93 days in a year.  So I am not sure why it is not 93 per year to start with. It is confusing.

thanks for any clarification

https://www.gov.uk/government/publications/rdr3-statutory-residence-test-srt/guidance-note-for-statutory-residence-test-srt-rdr3

Looking at this it is not the easiest of things to understand.

it might be easiest to ring the taxman in UK or Embassy in Spain and ask, remember Spain and Uk have an agreement on tax so that hopefully should not be a problem.

Please post results of your question so others can benefit

Jole

Posted: Mon Oct 25, 2021 1:16pm

Jole

Original Poster

Posts: 19

5 helpful points

Location: Hacienda Riquelme

Joined: 27 Mar 2019

Posted: Mon Oct 25, 2021 1:16pm

oadbyman wrote on Mon Oct 25, 2021 12:46pm:

https://www.gov.uk/government/publications/rdr3-statutory-residence-test-srt/guidance-note-for-statutory-residence-test-srt-rdr3

Looking at this it is not the easiest of things to understand.

it might be easiest to ring the taxman in UK or Embassy in Spain and ask, remember Spain and Uk have an agreement on tax so that hopefully should not be a problem.

Please post results of your question so others can benefit

Once a obtain more information and clarification I will post the answers.

Gem

Posted: Mon Oct 25, 2021 1:38pm

Gem

Helpful member

Posts: 279

172 helpful points

Location: Torre-Pacheco

Joined: 16 Jan 2020

Posted: Mon Oct 25, 2021 1:38pm

Jole wrote on Mon Oct 25, 2021 1:16pm:

Once a obtain more information and clarification I will post the answers.

That would be very useful. Thanks in advance.

Maz143

Posted: Wed Oct 27, 2021 12:40pm

Posts: 6

3 helpful points

Location: Roldán

Joined: 25 Aug 2020

Posted: Wed Oct 27, 2021 12:40pm

Hi Jole

I have residency and am planning on returning to the U.K. for 6 months per year until my temporary residency (TIE) becomes permanent in 4 years time….I’ve been a resident for 1 year already. 

The rule is that you have to ‘spend a minimum of 183 days in Spain in any one year’ to keep your residency active. Please note that a ‘year of residency’ is calculated on your acceptance date …. just look at your TIE for the expiry date and this will give you the date the 183 days is calculated from/to eg mine is 4th October. Therefore, from 4 October to 3 October every year I must spend at least 183 days in Spain. Please note, this does not include ‘travel’ days. After 5 years, your residency becomes permanent and you can be out of Spain for up to 5 years. I have had this confirmed by several reliable sources including Brexpats in Spain and CAB Spain.

Hope this helps. 

Maz 

Maz143

Posted: Wed Oct 27, 2021 12:48pm

Posts: 6

3 helpful points

Location: Roldán

Joined: 25 Aug 2020

Posted: Wed Oct 27, 2021 12:48pm

Hi again Jole


just a thought…. This only applies if you got your residency under the Withdrawal Agreement. 

Maz 

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