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Residency

Posted: Fri Jan 20, 2023 3:14pm
7 replies220 views3 members subscribed
Lucyana

Posts: 40

3 helpful points

Location: Benidorm

Joined: 6 Oct 2022

Hiya!

We just have married in UK,then relocated to Benidorm. I m EU member, my husband British.I started the things for my residency, but my husband don't want to have yet,as he got his property in uk and he will go  back to ,uk when need it.

How is the things exactly with this??

As we are confused 😕....I keep reading the things but still not clear!

Thank you!

RayBenidorm

Posted: Fri Jan 20, 2023 3:50pm

RayBenidorm

Helpful member

Posts: 632

299 helpful points

Location: Benidorm

Joined: 8 Aug 2017

Posted: Fri Jan 20, 2023 3:50pm

he has 90 out of 180 days in the EU or could be banned for 5 years and fined..

Lucyana

Posted: Fri Jan 20, 2023 3:57pm

Lucyana

Original Poster

Posts: 40

3 helpful points

Location: Benidorm

Joined: 6 Oct 2022

Posted: Fri Jan 20, 2023 3:57pm

RayBenidorm wrote on Fri Jan 20, 2023 3:50pm:

he has 90 out of 180 days in the EU or could be banned for 5 years and fined..

Even so we are married?

Are you sure?🤔

tebo53

Posted: Fri Jan 20, 2023 4:16pm

tebo53

Legendary helpful member

Posts: 4815

5013 helpful points

Location: Benidorm

Joined: 29 May 2018

Posted: Fri Jan 20, 2023 4:16pm

Lucyana wrote on Fri Jan 20, 2023 3:57pm:

Even so we are married?

Are you sure?🤔

If you are registered as resident in Spain and your husband is not registered as resident then he will be classed as a visitor and subject to the 90 day rule.

If you are not a Spanish citizen you will also need to register within 3 months.

https://administracion.gob.es/pag_Home/en/Tu-espacio-europeo/derechos-obligaciones/ciudadanos/residencia/obtencion-residencia/inscribirte-residente.html

Steve 

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John123456

Posted: Fri Jan 20, 2023 5:33pm

John123456

Super helpful member

Posts: 1455

1060 helpful points

Location: Benidorm

Joined: 27 Feb 2021

Posted: Fri Jan 20, 2023 5:33pm

Lucyana wrote on Fri Jan 20, 2023 3:57pm:

Even so we are married?

Are you sure?🤔

Family members of citizens of the European Union or of the States of the European Economic Area (EEA) or Switzerland are entitled to a preferential free-of-charge visa, provided that they are travelling with the citizen of the European Union, the EEA or Switzerland or are on the way to joining them.

https://www.exteriores.gob.es/Embajadas/daressalaam/en/ServiciosConsulares/Paginas/Consular/Visados-para-familiares-de-ciudadanos-de-la-Union.aspx#:~:text=Family%20members%20of%20citizens%20of,the%20way%20to%20joining%20them.

PeterPan

Posted: Sat Jan 21, 2023 7:00pm

PeterPan

Very helpful member

Posts: 641

582 helpful points

Location: Almoradí

Joined: 1 Aug 2020

Posted: Sat Jan 21, 2023 7:00pm

Lucyana wrote on Fri Jan 20, 2023 3:57pm:

Even so we are married?

Are you sure?🤔

AFAIK If your husband doesn't want residency then he will be subject to the same 90/180 day rules as any UK passport holder. His passport will be stamped, even if he is travelling with you. 

He has the opportunity to apply for residency under easier terms than other UK passport holders by applying on the back of your successful application for residency as an EU citizen. You'll both need proof of health insurance but the financial requirements are a lot less than an application on his own. 

Is there any reason why he would not want to join you and become a Spanish resident? Tax maybe? ....If you, as his wife, become tax resident and he spends a significant amount of time in Spain then the Spanish tax people may consider that his centre of economic activity is in Spain, even though he dosesn't spend more than 183 days in Spain. In which case he would become tax resident, even though he hasn't applied for residency.

Lucyana

Posted: Sat Jan 21, 2023 7:49pm

Lucyana

Original Poster

Posts: 40

3 helpful points

Location: Benidorm

Joined: 6 Oct 2022

Posted: Sat Jan 21, 2023 7:49pm

PeterPan wrote on Sat Jan 21, 2023 7:00pm:

AFAIK If your husband doesn't want residency then he will be subject to the same 90/180 day rules as any UK passport holder. His passport will be stamped, even if he is travelling with you. 

He has the opportunity to apply for residency under easier terms than other UK passport holders by applying on the back of your successful application for residency as an EU citizen. You'll both need proof of health insurance but the financial requirements are a lot less than an application on hi...

...s own. 

Is there any reason why he would not want to join you and become a Spanish resident? Tax maybe? ....If you, as his wife, become tax resident and he spends a significant amount of time in Spain then the Spanish tax people may consider that his centre of economic activity is in Spain, even though he dosesn't spend more than 183 days in Spain. In which case he would become tax resident, even though he hasn't applied for residency.

Thank you very much,very helpful!I have understand the procedure now!

Many thanks!👍

Lucyana

Posted: Sun Jan 22, 2023 9:17am

Lucyana

Original Poster

Posts: 40

3 helpful points

Location: Benidorm

Joined: 6 Oct 2022

Posted: Sun Jan 22, 2023 9:17am

Thank you !😇

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