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Residency Documents in spain

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Posted: Mon Feb 25, 2019 4:14pm
30 replies760 views6 members subscribed
CFC1905

CFC1905

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Location: Camposol

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Apologies if this is a stupid question but I am getting or reading conflicting stories about what is required in terms of residency

Currently, we use our property as a holiday home, and will do so again this year. Although we get about 5 holidays per year we are not in Spain for more than 3 months in total. Therefore, for any documentation we have completed to date we deem ourselves to be non-resident

We are hopeful that next year we will be both retired and so our intention is NOT to move permanently but to spend about 6 months in Spain and 6 months in the UK (give or take). I was under the impression that as a no-resident I could spend up 6 months of the year here but then I am reading that we are expected to get some residency documention which to my mind makes no sense. I am also told that the status does not really make much difference to the officials in Spain and that some people who live here permanently actually still consider themselves as non-residents for some reason...?

However, we want to do the correct thing and not fall foul of the law so looking for some guidance if possible

rma44

rma44

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Tue Feb 26, 2019 10:36am

Posts: 316

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Posted: Tue Feb 26, 2019 10:36am

Unless it's changed (and it might after the 29th March), I was under the impression you could spend up to 183 days in Spain as a non resident. Be aware that if you spend 3 months or more continuously in Spain you lose your NHS registration in the UK. I once returned after a 2 month stay and was interrogated at the doctors surgery in the UK, and it took a while before I could convince them it was only 2 months!

CFC1905

CFC1905

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Tue Feb 26, 2019 10:42am

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Location: Camposol

264 helpful posts

Posted: Tue Feb 26, 2019 10:42am

Currently we are thinking of staying the full 6 months so something to bear in mind. Thanks

paulsav

paulsav

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Tue Feb 26, 2019 11:13am

Posts: 105

Location: Yecla

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Posted: Tue Feb 26, 2019 11:13am

CFC1905 wrote on Tue Feb 26, 2019 10:42am:

Currently we are thinking of staying the full 6 months so something to bear in mind. Thanks

If we leave the EU, 29th March with or without a deal we will become non EU residents and subject to Shengen area rules (Spain is a shengen zone) and therefore only able to stay in Spain for 90days in 180day period, so not able to stay 6mnths as you wish for. You need to research "Shengen rules" and there is a very handy calculator to enable you dont overstay the 90day period. If you want to stay longer then either become a resident (but only if you expect to remain as permanent residence(not part time) or you can apply for a non lucrative long term visa but income requirements for that and residency after March 29th are harsher(£26,000 + further £6000 for spouse) annual income. As to healthcare, as pensioner you can obtain a S1 which transfers free care to Spain but under pension age you require private health insurance. Again after Brexit the use of S1 may be changed to nullify it, so possibly all will need private healthcare after April. If you go to UK gov.website there is a lot of info re Brexit with updates daily to keep you informed. I am in same situation, hubby newly retired hoping to both holiday upto 6mnths but now will be impossible for us (dont qualify with £32,000 income yr) and like you, dont want to become resident, so will have to accept 90days in and 90days out, twice a year. Btw my doctor knows I stay in Spain for 3mnths at a time as I request 3mnths medication in one go and have done this past 2yrs and I,ve never had a problem. Hope this has been helpful 

Regards

Pauline.

rma44

rma44

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Tue Feb 26, 2019 11:56am

Posts: 316

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Posted: Tue Feb 26, 2019 11:56am

I certainly had the 'third degree' from my surgery about the 3 months. Maybe it's if you are 3 months plus a day or more, I didn't ask, but I was told it was in the NHS rules. Anyway, you are aware of the situation now and I hope you can arrange your visits without any hassle. The new non residents rules after Brexit don't bother me as the time allowed suits me fine.

If you join the UK GOV site for updates, be prepared to be saturated with emails. A lot won't affect you, so you have to be selective, but it just shows that someone is working hard in the background despite Mrs May & Co's total shambles!

CFC1905

CFC1905

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Tue Feb 26, 2019 12:40pm

Posts: 348

Location: Camposol

264 helpful posts

Posted: Tue Feb 26, 2019 12:40pm

Still reading that currently as a UK resident I can stay up to 183 days in Spain in any given year (or at least I think I am...?)

Clearly anything can happen following Brexit but I will just have to take that as it comes and I can speak to my local doctor about this as well so they are forewarned. If they don't like it then something else to address

So I guess my next question would be is there any benefit to becoming a Spanish resident even if we still intend to spend a few months in the UK..?

paulsav

paulsav

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Tue Feb 26, 2019 1:59pm

Posts: 105

Location: Yecla

71 helpful posts

Posted: Tue Feb 26, 2019 1:59pm

You are getting confused with the numbers,  ie.183days is a fiscal requirement, where more than 183days in Spain then you become a Spanish tax resident. Nothing to do with the 180days as a visitor resident under Shengen rules. Stays of 90days+ and you need to register on "strangers register" ie. residencia. Yes we will all have to adapt after Brexit! Residencia should only be done for full time living and Spain is your main residence. Remember if you become a Spanish resident over 183days and all your worldwide assets are tax declarable. You will pay a non resident tax if you have property in Uk to Spain.

Pauline.

CFC1905

CFC1905

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Tue Feb 26, 2019 2:12pm

Posts: 348

Location: Camposol

264 helpful posts

Posted: Tue Feb 26, 2019 2:12pm

I have just received a response from my solicitor based in Spain who confirms that if I spend more than 183 days in Spain then  I should apply for residencia. But really it is up to me if I think it is beneficial to do it. At the moment it is not monitored how long you spend in Spain so I should not have a problem until decisions are taken re Brexit

rma44

rma44

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Tue Feb 26, 2019 5:42pm

Posts: 316

167 helpful posts

Posted: Tue Feb 26, 2019 5:42pm

Just be careful if you take a UK registered car.

CFC1905

CFC1905

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Tue Feb 26, 2019 5:51pm

Posts: 348

Location: Camposol

264 helpful posts

Posted: Tue Feb 26, 2019 5:51pm

Spanish registered car came with the property and all fully insured

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