Spanish resident - how long can I spend in UK - Residency in Hacienda Riquelme: padron, residencia and passport advice - Hacienda Riquelme forum - Costa Cálida forum in the Murcia province of Spain
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Spanish resident - how long can I spend in UK - Page 2

rgz3435

Posted: Wed Oct 27, 2021 1:37pm

rgz3435

Helpful member

Posts: 110

50 helpful points

Location: Roda

Joined: 22 Feb 2021

Posted: Wed Oct 27, 2021 1:37pm

Maz143 wrote on 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 

Are you talking about residency or qualifying as a Spanish National ?

Maz143

Posted: Wed Oct 27, 2021 2:44pm

Posts: 6

3 helpful points

Location: Roldán

Joined: 25 Aug 2020

Posted: Wed Oct 27, 2021 2:44pm

rgz3435 wrote on Wed Oct 27, 2021 1:37pm:

Are you talking about residency or qualifying as a Spanish National ?

These are the rules to keep your residency status if you obtained it under the Withdrawal Agreement. 

Maz 

Jole

Posted: Thu Oct 28, 2021 6:22pm

Jole

Original Poster

Posts: 19

5 helpful points

Location: Hacienda Riquelme

Joined: 27 Mar 2019

Posted: Thu Oct 28, 2021 6:22pm

Hi

An update so far on the information I have learnt so far. Please do not take this information as gospel and do obtain your own clarification.

I have received my Spanish residency which I wish to keep and will remain fiscally Spanish resident.

If I would like to spend, say, 4 months in UK and 8 months in Spain and I only want to do this for a couple of years it is within the 180 days a year and would be fine. Unfortunately HMRC have additional rules so if I want to do this for say the next 5 years and then you are only allowed an average of 93 days (including travel days) per year. 

It would appear that to spend 4 months in UK over several years I would have to take out duel residency.  I found this to be a very complicated subject with lots of grey areas as agreed by several UK advisors. When I have more info on this I will post the answers if anyone is still interested.

jole

Jole

Posted: Sun Dec 5, 2021 4:33pm

Jole

Original Poster

Posts: 19

5 helpful points

Location: Hacienda Riquelme

Joined: 27 Mar 2019

Posted: Sun Dec 5, 2021 4:33pm

An update after consulting a tax adviser in the UK. 

HMRC have scrapped the 'average over 4 years' part so it is 180 days in year. Obviously you need to stay well under this otherwise you would need to change residency but it means we can continue to spent 7+ months in Spain and the rest in the UK without having to worry too much.

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