Residencia question(s)

[chrisz]

I'm trying to get my head around what will happen/needs to happen before and after Brexit regarding residencia (not permanent) .

Reading the yougov website it talks about having to apply for residencia if you plan to spend more than 90 out of 180 days in Spain - which my Wife and I plan on doing (we already do).

We have a house on the Orihuela Costa and we would need to apply for this residencia somewhere. I've had a look at some Spanish links from yougov's website but they do seem to only be in Spanish and apart from a smattering of phrases we have very little understanding.

Would anybody know of any websites where there is a language option to complete the required form and then assist in finding out where we would have to go to get this residencia?

Would we be better asking our Spanish lawyer for their help or is it relatively straightforward? We're coming out for a week in December to check on the house and plan on doing what we need to do then regarding residencia.

Many thanks

[orangepicker]

As you would expect there as been a huge stampede to get residencia before the original Oct 31st leave date so much so its was said that there were no appointments for this year . If I were you I would go through your lawyer simply because he as more chance of knowing the current situation.In normal circumstances it is very simple to apply for residencia but with Brexit things are not normal at the moment

[Bee]

I am not sure I understand your post. Anyone can stay for 90 days as a tourist. If you want to stay from 90 up to 180 then you are supposed to register with Policia Nacional and obtain a certificate of temporary residence ( or whatever its called) but you are not deemed to be a resident. However after 180 days then you are required to register and pay your taxes in Spain. It all comes down to where your permanent home is.

Bee

[chrisz]

I am not sure I understand your post. Anyone can stay for 90 days as a tourist. If you want to stay from 90 up to 180 then you are supposed to register with Policia Nacional and obtain a certificate of temporary residence ( or whatever its called) but you are not deemed to be a resident. However after 180 days then you are required to register and pay your taxes in Spain. It all comes down to where your permanent home is.

Bee

It's this 90 days thing that I'm totally unclear about. Normally we spend 60 days in Spring, 60 days in Autumn and around a further 14 days as and when. We are now looking at nearer to 120 days in Spring and 120 days in Autumn/Winter. Is it just a case of having to register with Policia Nacional when we get here or after Brexit will it be something else. The UK Government website is confusing as they talk about obtaining a Residencia as if in advance if we want to stay for over 90 days.

[stowie39]

In my simplistic mind, and we are almost the same, the clock starts on the first day of your travels and stops 180 after, therefore if your second visit is not longer than 30 days before the end of the first 180 period you should be fine. The clock would then start again for another 180 day period.

This is how I choose to interpret it but happy to be proved wrong.

[Old Boy]

My understanding of the law is that if you reside in Spain for more than 183 days in a 12 month period (and that could be in one long stay or split into a number of shorter stays), which I believe commences on the 1st of January each year, then you are required to apply for a full residencia in Spain, which also requires you to become a fiscal resident.

If you choose to reside for more than 90 days at any one time but stay in Spain less than 183 days in the 12 month period, then you are only required to just register for a temporary residencia.

[Bee]

Most people wouldn't be even aware of the 183 days in any one calendar year. I have never seen anything about it being a problem for anyone coming and going to their holiday home. I don't know that I would be inclined to put myself through all the red tape. Does anyone know anyone who signs on for this. Are you supposed to sign-in every year?

Bee

[chrisz]

Most people wouldn't be even aware of the 183 days in any one calendar year. I have never seen anything about it being a problem for anyone coming and going to their holiday home. I don't know that I would be inclined to put myself through all the red tape. Does anyone know anyone who signs on for this. Are you supposed to sign-in every year?

Bee

I remember years ago the Rolling Stones had to get out of the UK immediately as their accountants had discovered they had been in the UK for 182 days - had they stayed for another day they would have paid up to 98% income tax on some of their earnings. They left straight away and went to the south of France.

I'm guessing (could be wrong) that, with the biometric passports, chip and all that, a computer somewhere is able to tell just how long you have checked in and checked out of the UK (and vice versa into Spain). The concern is being stopped at Santander when trying to come home if the 180 days are exceeded.

[Bee]

I have done some googling on the temporary certificate requirements due to a question asked on another forum. It is similar to the requirements for Residencia but on the Modelo EX18 you tick the temporary residence box. You will be required to satisfy the health insurance and income requirements. For 2 people the income is around €8,500p.a. the way they come to that figure is as follows. Your income may not be less than the €5100 that you would be entitled to if you had to sign on for social security in Spain or if you are retired your pension cannot be less than the non contributory pension in Spain. So the first adult must show means of say €5,500 and if there are 2 adults then it's €5,500 plus 70% making up the €8,500.(rough figures) You must have proof of your income i.e a letter from Pensions Branch in UK or private pension provider or Bank certification or a credit card showing you have that limit for spending. Private Health Insurance or a letter saying you are covered for the same level of health cover as Spanish National Health and that your home country will refund Spanish National Health for any medical expenses. This is similar to say a SIP card and the S1 form. It costs €10 to apply for the temporary card and you pay that on the usual Modelo 072(??) at a bank and bring receipt with you to your appointment with the Policia Nacional along with NIE No, Passport, birth Cert, Marriage Cert and any other cert you can think of, and proof of address in Spain. There is a Policia Nacional office in Torrevieja and also down at Playa Flamenca Town Hall. You will be issued with your Temporary Residence Card. I am not sure about the end date on it but there was a mention of 5years. Also not sure about signing on the Padron with the card but you should have an entitlement but Town Halls differ. You may well be entitled to free transport on town buses.

Bee

[chrisz]

Thanks Bee for all your useful information.