hiya so much scare mongering i know hotels are all shutting by 24th but if you live here have your contract for apartment longterm but not residente yet we dont have to leave do we
Posted: Wed Mar 18, 2020 6:13pm
Legendary helpful member
Hi marianto,
No, you don't have to leave. Many people have wanted to leave, in order to return to their country of habitual residence, and some continue to do so, planning their departure via land or air.
However, you say that you have a long term rental contract, but do not have residency? Bearing in mind that you have to obtain residency once you've been in Spain for 90 days, but that because of the Covid-19 lockdown, you're unlikely to be able to get a residency appointment any time soon, there's a distinct possibility that you could end up being here illegally. I guess you have two options, for which you'd probably need legal advise:
- stay in Spain and hope that the exceptional circumstances of Covid-19 would be acceptable for not having obtained residency within the required timeframe;
- check whether Covid-19 is an acceptable reason for terminating your rental contract and return to your home country before the 90 day residency deadline.
Kind regards,
Kim
marianto wrote on Wed Mar 18, 2020 5:59pm:
hiya so much scare mongering i know hotels are all shutting by 24th but if you live here have your contract for apartment longterm but not residente yet we dont have to leave do we
If you are long term renting, why are you not yet resident? Legally, if you intended to stay longer than 3 months you should already have applied and your previous posts seem to confirm you have been here since October.
I really don't know where you stand as you are not legally resident. If you stay for more than 183 days this year you will be liable to pay tax in Spain as well. Borders are closing down, flights may well stop and who knows when it will all end.
Kimmy11 wrote on Wed Mar 18, 2020 6:13pm:
Hi marianto,
No, you don't have to leave. Many people have wanted to leave, in order to return to their country of habitual residence, and some continue to do so, planning their departure via land or air.
Read more...
However, you say that you have a long term rental contract, but do not have residency? Bearing in mind that you have to obtain residency once you've been in Spain for 90 days, but that because of the Covid-19 lockdown, you're unlikely to be able to get a residency appointment any time soon, there's a distinct possibility that you could end up being here illegally. I guess you have two options, for which you'd probably need legal advise:
- stay in Spain and hope that the exceptional circumstances of Covid-19 would be acceptable for not having obtained residency within the required timeframe;
- check whether Covid-19 is an acceptable reason for terminating your rental contract and return to your home country before the 90 day residency deadline.
Kind regards,
Kim
thankyou but im not going back iv give everything up to come here and will get it as soon as all this madness is over thankyou
marianto wrote on Wed Mar 18, 2020 6:20pm:
thankyou but im not going back iv give everything up to come here and will get it as soon as all this madness is over thankyou
I think the Spanish government will make exceptions for people in your situation but it may be an idea to read Jim's Guides (on a tab at the top of the page) to find out what else you need to do to make sure you are as prepared as possible.
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marianto wrote on Wed Mar 18, 2020 6:20pm:
thankyou but im not going back iv give everything up to come here and will get it as soon as all this madness is over thankyou
There is no reason why you can't make a start getting your residency.
Start by organising a meeting with a local gestor or solicitors and find out what is required. Look at Jims guides for answers.
You should have applied for residency (by law) within the first 90 days of living in Spain. After 183 days you will automatically become a tax resident and be expected to pay taxes to the Spanish government. Flouting the law could result in massive finds.
You will need to have an NIE number and full healthcare cover for yourself and any dependants plus enough income so not to become a burden on the state. You may be required to have a Spanish bank account.
If you are collecting UK pension you can apply for the S1 form which will transfer your rights to free healthcare cover for yourself and any dependants. You may need hospital treatment at anytime which can be very expensive.
After December 31st and Brexit is fully settled then requirements may differ as yet no-one knows.
Steve
Posted: Wed Mar 18, 2020 7:08pm
Very helpful member
tebo53 wrote on Wed Mar 18, 2020 6:47pm:
There is no reason why you can't make a start getting your residency.
Start by organising a meeting with a local gestor or solicitors and find out what is required. Look at Jims guides for answers.
Read more...
You should have applied for residency (by law) within the first 90 days of living in Spain. After 183 days you will automatically become a tax resident and be expected to pay taxes to the Spanish government. Flouting the law could result in massive finds.
You will need to have an NIE number and full healthcare cover for yourself and any dependants plus enough income so not to become a burden on the state. You may be required to have a Spanish bank account.
If you are collecting UK pension you can apply for the S1 form which will transfer your rights to free healthcare cover for yourself and any dependants. You may need hospital treatment at anytime which can be very expensive.
After December 31st and Brexit is fully settled then requirements may differ as yet no-one knows.
Steve
I have been making enquiries for months now and had been back and forth to the uk, returning to Spain 28th February, as my wife was called back to the uk 5 days later for a family illness for 12 days, during that time I made contact with get legal in Spain to get the ball rolling, unfortunately my wife returned on the 16th March and by that time all public offices had been closed, so we have been told we have to wait until the state of alarm is over, we would hope that this would have a bearing on overstaying 90/183 days in Spain, if you get my drift.
Posted: Wed Mar 18, 2020 7:16pm
Hi
We are in the same position, having been here since the beginning of November
Due to the uncertainty over Brexit appointments for residency were put on hold some time ago and only released about 10 days ago.
The person advising us has informed us that some of the requirements have changed and we were in the process of sorting it out
We have health cover, NIE, padron etc already in place
Obviously we cannot get any further with this until restrictions are lifted as we need to go into the bank etc. It seems risky for bank staff and us to try to do this now.
Hilary4088 wrote on Wed Mar 18, 2020 7:16pm:
Hi
We are in the same position, having been here since the beginning of November
Read more...
Due to the uncertainty over Brexit appointments for residency were put on hold some time ago and only released about 10 days ago.
The person advising us has informed us that some of the requirements have changed and we were in the process of sorting it out
We have health cover, NIE, padron etc already in place
Obviously we cannot get any further with this until restrictions are lifted as we need to go into the bank etc. It seems risky for bank staff and us to try to do this now.
thankyou
Cheryl wrote on Wed Mar 18, 2020 6:19pm:
If you are long term renting, why are you not yet resident? Legally, if you intended to stay longer than 3 months you should already have applied and your previous posts seem to confirm you have been here since October.
I really don't know where you stand as you are not legally resident. If yo...Read more...
...u stay for more than 183 days this year you will be liable to pay tax in Spain as well. Borders are closing down, flights may well stop and who knows when it will all end.
i havent been here from october till now iv been back and forth sorting things out and fully intend on being here properly
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