Residency in spain

Hi All,
My mum retired to Spain 10years ago.She and my step dad rented for all those years.
All of the documents /bills were in my step dad’s name.
He sadly passed away.
I own a holiday home in Quesada . Can my mum use my address to get residency ? If so, would it have any tax implications for me , now or if I decide to sell one day .
Will be grateful for any guidance .
Many thanks .

Did she not get residency in the 10 years?

Renting did not prevent becoming legal by residency, after 180 they should have been paying their taxes in Spain.

Now things have changed and very different, if a UK citizen with no chance of getting a passport from an EU country through heritage a lot of hurdles to jump through.

Very difficult to answer. You don't say if you, and your Mum, are UK citizens or residents. The rules will be different for EU/Irish citizens, for example. Did your stepfather take out Spanish residency? That could have a bearing on the application.

Firstly, your Mum has been living in Spain for 10 years but does not have residency? If UK then the deadline to apply for residency under the old rules where you could prove you lived in Spain before 1st Jan 2021 was end of March 2021. If residency was applied for before then you have until the end of June to get it formalised. If a EU/Irish resident then you can apply for residency in Spain.

You say all documents/bills were in your stepfathers' name. Your Mum would have to prove living in Spain with things like empadronamiento, rental costs, utility bills etc but these would have to be in her name or joint name.

Now, for a UK citizen without being able to prove this, and it's very late, they cannot apply for residency in Spain under the new rules. A visa must be obtained in their home country to come and apply for residency and would have to meet the new criteria of proving income and healthcare to do so.

Using your address for residency shouldn't be a problem but where is she living now? Would she be living at your holiday home? It would be just like renting somewhere but you should really check with a solicitor about all this. I think you may find it is too late to apply for residency now under the olds rules but living in your property should not be a problem unless you are charging her rent in which case it would have to be declared.

Again, see a solicitor or advisor who knows the rules for both applying for residency and domicile regulations. An initial request for advice shouldn't cost that much.

Marcliff, thank you so much for taking the time to respond.
My mum and I both British citizens . My mum has come back to the UK but would like to spend more than the 190 days allowed in Spain.
As my apartment is just locked up, she would stay there . I will not be charging her .
Yes, your right, we would have to consult a solicitor . I am currently reviewing the PDF that you posted re Visa’s .
Once again , many thanks for your response .
I have been a member for around 6 years and always value your contribution.

Hope you are all keeping well and hope to come back to the sun soon.

Oadbyman- thank you for your response .

My mum was always very reluctant to get residency as she has a property in the UK and she didn’t want to complicate things .
Well, looks like the visa is the only way .

Thank you

H03214796 wrote:as she has a property in the UK and she didn’t want to complicate things .

Still having that property at the time Spanish residence is granted might also complicate things if at one point in the future she wants to sell it. The Spanish tax system will claim capital gains tax on that type of transaction. So if she's on a trajectory towards residency selling the UK property in time may be a smart thing to do. I would recommend bringing this aspect also to the table when speaking with a specialist.

If she has a Green A4 SIZE NIE paper she will already be a resident it becomes automatic after 5 years

jpeg wrote:If she has a Green A4 SIZE NIE paper she will already be a resident it becomes automatic after 5 years

Nope. Loads of people with NIE but that has nothing to do with residency. If she's left Spain for more than 6 months in one year then even the temporary (up to 5 years) residency becomes null and void.

The NIE is not considered a valid document for residency purposes. Tax returns, padron and other things may be counted but not an NIE.

not correct I am referring to the green A4 paper you are referring the white nie document

Temporary or permanent EU residence certificate (green certificate) – ‘el certificado de registro de ciudadano de la Unión’ (tarjeta verde)

You did say A4 sized NIE, not A4 sized EU registro. And H023 has already said his mother didn't take out what we used to call residency (on the register of foreign EU citizens).