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Residency
Residency
by Juanita » Mon Apr 26, 2021 7:20 pm
I have a friend who has a holiday home in Spain. They are currently pursuing applying for residency in Spain as they want to spend more than 90 days in 180 here. They have been told by a UK Government Agency that they can apply for a temporary residency in Spain and provided they don't stay over 180 days a year in Spain they will be able to remain domiciled for tax purposes in the UK.
I understood that if you have residency in Spain your tax liability is also in Spain.
Also what is the deadline for applications for Residency under pre Brexit conditions
I would welcome any comments as my friend is currently going round in circles being told different things by offices in Spain and the UK.
I understood that if you have residency in Spain your tax liability is also in Spain.
Also what is the deadline for applications for Residency under pre Brexit conditions
I would welcome any comments as my friend is currently going round in circles being told different things by offices in Spain and the UK.
- Juanita
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Re: Residency
by Chrisdee » Mon Apr 26, 2021 7:32 pm
There's lots of other posts about this it's just a case of trawling through them.
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Re: Residency
by marcliff » Mon Apr 26, 2021 8:31 pm
Some people getting a bit confused. There are 2 types of "temporary" residency. The first allows a member of the EU or EEA to stay in another EU country for a period of longer than 3 months but no more than 6 months. They can stay for up to 3 months with no documentation but should apply for the "temporary" one which puts them on Register of EU foreign nationals residing in Spain. This can last for up to 2 years but if they stay in the EU country for over 6 months they automatically become fiscal, ie taxpaying, residents.
This is no longer available for UK citizens now that we have left the EU and nobody bothered applying for one anyway as no checks were ever made on arrivals and departures whilst we were in the EU.
The second type of "temporary" residency allows you to stay for over 90 days and up to 5 years. This, however, is full residency and you will become a fiscal resident. If you leave Spain for more than 6 months in a year then this is automatically cancelled. This is only for those who plan to move to Spain on a permanent basis and you can then apply for permanent residency after 5 years. This is available to non EU/EEA citizens but requires a visa, applied for in your own country, to allow you to come to Spain to actually apply for residency. You need to show sufficient financial means and private health insurance. The full details on how to do this is on a sticky here.
If you were resident (not just on holiday) in Spain before 31st December 2020, you can still apply for residency whilst in Spain (that is the full temporary residency) if you have proof you were resident in the form of padron, green registration card, utility bills covering the months and other documents up until the 30th June this year but people who have tried this after March 31st this year have found it very difficult as they have extended the permitted amount of stay.
So, no, there is no way you can extend the 90 day limit in 180 days at the moment for extended holidays or visiting your second home except for students, volunteer workers or certain other categories. Unless Spain changes the rules, which would mean petitioning the EU to change their rules, then the 90 days in 180 is it.
You will hear people say Portugal is going to allow UK citizens to stay for up to 180 days but this is not true. Portugal is "considering" petitioning the EU to allow a change in rules. If that happens then other countries may follow suit but this could open a can of worms in that other non EU/EEA countries demand the same treatment.
As Chrisdee says, there are lots of posts on this.
However, I will direct you to the official Moncloa (that's the Spanish equivalent of Number 10 Downing St) site which explains How to Get Ready.
This is no longer available for UK citizens now that we have left the EU and nobody bothered applying for one anyway as no checks were ever made on arrivals and departures whilst we were in the EU.
The second type of "temporary" residency allows you to stay for over 90 days and up to 5 years. This, however, is full residency and you will become a fiscal resident. If you leave Spain for more than 6 months in a year then this is automatically cancelled. This is only for those who plan to move to Spain on a permanent basis and you can then apply for permanent residency after 5 years. This is available to non EU/EEA citizens but requires a visa, applied for in your own country, to allow you to come to Spain to actually apply for residency. You need to show sufficient financial means and private health insurance. The full details on how to do this is on a sticky here.
If you were resident (not just on holiday) in Spain before 31st December 2020, you can still apply for residency whilst in Spain (that is the full temporary residency) if you have proof you were resident in the form of padron, green registration card, utility bills covering the months and other documents up until the 30th June this year but people who have tried this after March 31st this year have found it very difficult as they have extended the permitted amount of stay.
So, no, there is no way you can extend the 90 day limit in 180 days at the moment for extended holidays or visiting your second home except for students, volunteer workers or certain other categories. Unless Spain changes the rules, which would mean petitioning the EU to change their rules, then the 90 days in 180 is it.
You will hear people say Portugal is going to allow UK citizens to stay for up to 180 days but this is not true. Portugal is "considering" petitioning the EU to allow a change in rules. If that happens then other countries may follow suit but this could open a can of worms in that other non EU/EEA countries demand the same treatment.
As Chrisdee says, there are lots of posts on this.
However, I will direct you to the official Moncloa (that's the Spanish equivalent of Number 10 Downing St) site which explains How to Get Ready.
Last edited by marcliff on Mon Apr 26, 2021 8:54 pm, edited 2 times in total.
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marcliff - Posts: 9694
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Re: Residency
by Juanita » Mon Apr 26, 2021 8:52 pm
Thank you Marcliff I really appreciate your very detailed reply, I was hoping you would respond to my post.
You have confirmed what I believed to be the case.
Thanks again.
You have confirmed what I believed to be the case.
Thanks again.
- Juanita
- Posts: 531
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