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183 day rule & Covid-19

183 day rule & Covid-19

Postby TonTri » Mon May 11, 2020 7:52 am

Does anyone know if this rule will be relaxed under the circumstances because there are no flights?

As of today I've been in Spain off and on since September for 182 days. My last 2 flights home, 1 in April and 1 in May have been cancelled and my next flight booked is for June 25th by which time I will have been here 226 days.

Alternatively does anyone know in which phase the government offices will be opening for residencia applications?
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Re: 183 day rule & Covid-19

Postby marcliff » Mon May 11, 2020 9:13 am

I was reading that, if you'd applied for residency before the state of alarm, you would be given priority to make an appointment. If you haven't then the article I read stated that you would not be able to get an appointment before September which is a long way off.

Now, you may have spent all that time in Spain but, if you fly back to UK on June 15th, you will have only spent 167 days in Spain during this calendar tax year so won't have exceed the 183 day rule in this year.

Of course, it wouldn't give you much time to spend in Spain for the rest of the year once you've left.

There is also an EU ruling somewhere that states the 183 day rules on residency can be put into abeyance during the lockdown periods. I can't see anywhere that Spain agreed to this (might be a Royal Decree somewhere) but UK certainly has and those stuck in UK do not have to follow the 183 day rule before paying tax on their worldwide income until the crisis is over. (remember, UK tax year is different to that of Spain).

Shouldn't really worry about it too much in these times.
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Re: 183 day rule & Covid-19

Postby TonTri » Mon May 11, 2020 9:21 am

Thank you Marcliff, very informative.

I am intending to apply for residencia but not until October once I've got back to the UK and sold my house there. Fingers crossed that can still happen and hopefully they will deduct the lockdown period so I won't be liable for CGT, but that's a separate issue. Thanks again, Trina
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Re: 183 day rule & Covid-19

Postby william » Mon May 11, 2020 7:20 pm

I am sorry but no o e can say truthfully they are stu k in Spain there is a minimum of 3 flights a day to UK borders have never closed to leave and its possible to cross the channel by various means,no reasons for anyone to over stay what is allowed.
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Re: 183 day rule & Covid-19

Postby TonTri » Mon May 11, 2020 7:30 pm

william wrote:I am sorry but no o e can say truthfully they are stu k in Spain there is a minimum of 3 flights a day to UK borders have never closed to leave and its possible to cross the channel by various means,no reasons for anyone to over stay what is allowed.


Well if I were to get a flight I would have to travel across Spain by train/bus to Madrid or Barcelona and then land in London. I then have to get a bus/train from London to South Wales. Considering London, Barcelona and Madrid are centres of the highest infections, let alone using public transport, I would put myself at an extremely high risk of catching the virus, especially as I'm in a vulnerable category.
So yes I am stuck in Spain unless I want to commit suicide.
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Re: 183 day rule & Covid-19

Postby elchedave » Mon May 11, 2020 7:49 pm

william wrote:I am sorry but no o e can say truthfully they are stu k in Spain there is a minimum of 3 flights a day to UK borders have never closed to leave and its possible to cross the channel by various means,no reasons for anyone to over stay what is allowed.



TonTri never said she was "Stuck in Spain" as you put it, she clearly has (health??) issues that made her decide it was/is unsafe for her to travel in the current situation.
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Re: 183 day rule & Covid-19

Postby Bee » Mon May 11, 2020 8:46 pm

Nobody monitors how long EU residents stay in another EU country. It would be different if you were on a visa with an expiry date. Your habitual residence is the UK.

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Re: 183 day rule & Covid-19

Postby A.N.Other » Mon May 11, 2020 10:11 pm

TonTri wrote:does anyone know in which phase the government offices will be opening for residencia applications?
People have reported receiving their residencias through Alicante during the lockdown.
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Re: 183 day rule & Covid-19

Postby TonTri » Tue May 12, 2020 8:06 am

A.N.Other wrote:
TonTri wrote:does anyone know in which phase the government offices will be opening for residencia applications?
People have reported receiving their residencias through Alicante during the lockdown.


Many thanks ANOther, I'll get in touch with Matt at One Way Services and see if he's open.
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Re: 183 day rule & Covid-19

Postby andywyatt » Tue May 12, 2020 8:56 am

Andy Wyatt video here posted by the British Embassy on May 4th.
https://www.facebook.com/42226977121076 ... 243921494/
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