Residencia then going back to the UK. Advice please.

Last year we downsized in the UK and bought our place in Benimar. Our intention was, once my wife retires, which she is doing imminently, to spend just short of six months in Spain, and the rest of the year in the UK, for a year or two, until we (or rather she) was completely happy with moving out to Spain full time and then renting our place in the UK out. We can't really keep both properties on, without renting one or the other out, for ever.

We’re coming out next week and staying for about six months. I’ll be flying back out in May and then driving our car over, which I’ll keep over in Spain for about four or five months , before driving back to the UK with our dogs (who are coming over next week with a pet transport company)

Now this referendum has got me thinking. I think that there may be a distinct possibility that Spain may honour residencia for those that already have it, prior to any possible Brexit vote, but would refuse new applications.
So what downsides are there if we apply for residencia in May/June and then still carry on with our plans i.e. going back to the UK in October and then doing roughly the same again next year? One thing that’s crossed my mind is driving a UK registered vehicle around this year. I presume I won’t be able to do that once I’ve taken Spanish residency? Having to get health insurance is another (as we’re both well under state retirement age) Is there anything else I haven’t thought of?

Residency is not predicated on membership of the EU. You don't need to be in a member state to get a Residencia. As I understand it if you are in the EU, after 3 months you are supposed to inform the authorities that you would like to remain in Spain for longer and you get some kind of temporary residencia status up to six months. Conversely if you are from a non EU member state you have to apply for a Tarjeta de Residencia after 3 months in Spain. Best to check with the foreigners department but I believe this is correct. If so no need to rush, if we come out you will still be able to get your residency. If you become resident in Spain I don't think you will be entitled to full NHS benefits in the UK. I think you may need to use the EHIC card. Although I guess if you don't tell your GP....... Don't they say that after 3 months abroad you are not entitled (no matter for how many years you have contributed - but let's not go there ). Other members may know whether this is the case or not. Just something else to consider.

The main difference is that a non-EU citizen cannot come to Spain and then apply for residencia (us EU ones get put on a register of foreign EU citizens residing in Spain). To apply for residencia you have to have to apply for a visa (un visado de residencia) from a Spanish consulate in your home country. You also have to have a certificado de antecedentes penales showing you have no criminal record.
The other documents (like proof of income etc) are the same for both sets of citizens.
Once you have the visa you can then come to Spain.
It might be best to wait unti after the referendum and see what systems are put into place. If, as most seem to suggest, UK would remain in the EEA then nothing will change.
Oh, and expats resident in Spain now get full NHS care if they go back to UK even for visits. Covered somewhere else on the site, I believe.

marcliff wrote:The main difference is that a non-EU citizen cannot come to Spain and then apply for residencia (us EU ones get put on a register of foreign EU citizens residing in Spain). To apply for residencia you have to have to apply for a visa (un visado de residencia) from a Spanish consulate in your home country. You also have to have a certificado de antecedentes penales showing you have no criminal record.
The other documents (like proof of income etc) are the same for both sets of citizens.
Once you have the visa you can then come to Spain.
It might be best to wait unti after the referendum and see what systems are put into place. If, as most seem to suggest, UK would remain in the EEA then nothing will change.
Oh, and expats resident in Spain now get full NHS care if they go back to UK even for visits. Covered somewhere else on the site, I believe.

Thanks Marcliff, informative as always. I haven't seen this about return to full NHS care for Expats. Will need to catch up with that.