Residency Documents in spain - Page 2

Sorry but your solicitor is incorrect, the law states over 90days ,should apply for residency.Staying over 90days without registerring makes you an illegal resident. 183days is for fiscal residency.

Pauline.

Without wishing to appear rude or ungrateful I have to assume that an official solicitor in Spain knows the rules and will provide the correct information when asked. That being said I will continue to follow this as obviously I do not want to fall foul of any authorities

Having researched daily residencia, for past 6mnths, dithering as to should we, shouldn,t we we came to a definite No, not appropriate at present, we have 2 houses in Uk, 1 rented out, ours for sale but not ready yet having lived here almost 40yrs in same house. Spanish tax would take a huge CGT out of our profits and we couldnt own and insure legally our own vehicles in UK, nor could we as spanish residents drive our UK cars in Spain(not even to transport belongings). There were so many cons incl healthcare, but the only pros were not being subjected to shengen rules once we,re no longer EU citizens and weather! That being said I stand by what I,ve learned. There has always been a spanish law regarding 6mnths stay then must have residency, but they changed to demanding stays over 90days and you must register on the extranjeros register, however this is also the register for residencia, so anyone overstaying 90days+ is illegally residing in Spain. This is why thousands of "illegal" residents are now rushing residencia applications as they,re scared of the future consequences after Brexit. Deal or no deal immaterial, once no longer EU residents we will have to abide by Shengen rules which only allow 90days in any 180days, hence we are doing March-June(got to get out of Shengen area) back Sept-Dec.out again 90days. You cant stay more than 90days and consequences are possible ban on return and fines! 

Of course if no leaving EU then back to original 90days then apply for residencia or overstay illegally. If in doubt go to CAB Spain, post a question which has been asked hundreds of times in past few months. They will confirm everything I,ve told you. As the solicitor who handled our conveyancing 12 years ago and witheld information re AVI train now 50ft from our front door, I,m afraid I dont have much faith in them, but I,d have thought yours with respect would have given you the correct information. Nowhere in any laws re residency mentions 183days as a time except the rule on fiscal residency. Some people apply for residency glibly to allow unlimited time to stay yet live in UK for 183+ days to avoid Spanish tax. That may very well change once Uk leaves EU.

Residency in Spanish law means habitual major residence, not part time.

Regards

Pauline.

Going back to the solicitor with a much plainer and straightforward request so hopefully should get a response today. However, and assuming what you are saying is correct, then is there any way around coming from the UK on a UK passport and wanting to stay in Spain for about 6 months consecutively in our own property...?

One of the frustrations of Spain is that people that you should be able to trust to give you correct information are frequently wrong. From abogados to council functionaries, via Trafico officers and gestors, asking six people the same question you may get six different answers. 

When we,re no longer EU citizens we can apply for a non lucrative shengen visa. The requirements financally are 4x present Income, ie. 32,000€ approx per couple. If Brexit doesnt happen and we stay in EU, income requirements are 6,000€ approx each person. 

Please go to CAB Spain ,they,ve lots of info which will answer all your questions. Research, research, research.

Pauline.

What is CAB Spain - a web-site...?

Peter, you are so correct! Having read the number of "residencia" questions on "CAB website"and "Expats in Spain" site(member of both) for past 3mnths, it seems every police station has a diifferrent set of requirements for applications, even rejecting cases, then another station approves same documents.? And each solicitor takes on their view to a situation that again contradicts another. Its appalling really, how can people keep legal when they keep giving differrent information.

Regards

Pauline.

At least now I don't feel so bad about not totally understanding....!!

Citizens Advice Bureau in Spain 

cab.es

Their website is full of invaluable information supported by the laws of the land. Every topic covered with one to one advice for privacy too when you want private replies. At this time of uncertainty they are a godsend.

Ps. Please remember if a reply has helped or given advice it is courteous to tap the helpful button.

Pauline