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returning to Spain from the UK after 18 months absence due to illness

Posted: Sat Oct 8, 2022 1:31pm
12 replies832 views4 members subscribed
lorimer1314

Posts: 7

2 helpful points

Location: Cabo Roig

Joined: 26 May 2018

Hi 

Please can you advise me if I can stay longer than 90 days if I have a N.I.E. number issued 2018 and a work permit issued 1984.

Alistair Quin

PeterPan

Posted: Sat Oct 8, 2022 1:45pm

PeterPan

Very helpful member

Posts: 641

582 helpful points

Location: Almoradí

Joined: 1 Aug 2020

Posted: Sat Oct 8, 2022 1:45pm

lorimer1314 wrote on Sat Oct 8, 2022 1:31pm:

Hi 

Please can you advise me if I can stay longer than 90 days if I have a N.I.E. number issued 2018 and a work permit issued 1984.

Alistair Quin

Do you have a residency certificate? or is it just the NIE number that you have?

Do you have an EU passport or a UK passport?

elinspain

Posted: Sat Oct 8, 2022 1:49pm

elinspain

Legendary helpful member

Posts: 3249

4124 helpful points

Location: La Mata

Joined: 4 May 2018

Posted: Sat Oct 8, 2022 1:49pm

Hello

  No, afraid not, documents don't help, you are either a resident or a visitor when you arrive & all UK visitors are subject to 90days in a rolling 180days as part of the Schengen agreement - post Brexit.

 I am assuming you have a UK passport, otherwise this might not apply.

Cheers

Elinspain

lorimer1314

Posted: Sat Oct 8, 2022 3:02pm

lorimer1314

Original Poster

Posts: 7

2 helpful points

Location: Cabo Roig

Joined: 26 May 2018

Posted: Sat Oct 8, 2022 3:02pm

elinspain wrote on Sat Oct 8, 2022 1:49pm:

Hello

  No, afraid not, documents don't help, you are either a resident or a visitor when you arrive & all UK visitors are subject to 90days in a rolling 180days as part of the Schengen agreement - post Brexit.

 I am assuming you have a UK passport, otherwise this might not apply.

Cheers

Elinspain

Kimmy11

Posted: Sat Oct 8, 2022 6:39pm

Kimmy11

Legendary helpful member

Posts: 6870

12563 helpful points

Joined: 8 Aug 2017

Posted: Sat Oct 8, 2022 6:39pm

Hi Alistair,

If you had a work permit issued in 1984, did you live and work in Spain?  If so, for how long?   You say you have an NIE issued in 2018, but if you had previously been issued with a work permit, I would have expected you to have been issued with an NIE at that time, because it's your unique tax number.

If you can share a bit more information, then we can give you a more accurate answer.

Kind regards, 

Kim

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lorimer1314

Posted: Sat Oct 8, 2022 7:00pm

lorimer1314

Original Poster

Posts: 7

2 helpful points

Location: Cabo Roig

Joined: 26 May 2018

Posted: Sat Oct 8, 2022 7:00pm

Kimmy11 wrote on Sat Oct 8, 2022 6:39pm:

Hi Alistair,

If you had a work permit issued in 1984, did you live and work in Spain?  If so, for how long?   You say you have an NIE issued in 2018, but if you had previously been issued with a work permit, I would have expected you to have been issued with an NIE at that time, because it's yo...

...ur unique tax number.

If you can share a bit more information, then we can give you a more accurate answer.

Kind regards, 

Kim

Hi,

Thank you for taking the time to reply.

I had a n.i.e number with my work pemit starting from 1984,but I thought it had expired so I applied again in 2018/19 and when I arrived at the police station in Elche they informed me that I was already registered.

I had worked from 1984 until 1990 in Benalmadena Costa

Kimmy11

Posted: Sat Oct 8, 2022 7:26pm

Kimmy11

Legendary helpful member

Posts: 6870

12563 helpful points

Joined: 8 Aug 2017

Posted: Sat Oct 8, 2022 7:26pm

Hi Alistair,

Although you finished working in 1990, where did you live between then and now?  Do you have proof of 5 years' continued residence in Spain, no more than 10 years ago?

Kind regards,

Kim

lorimer1314

Posted: Sat Oct 8, 2022 8:16pm

lorimer1314

Original Poster

Posts: 7

2 helpful points

Location: Cabo Roig

Joined: 26 May 2018

Posted: Sat Oct 8, 2022 8:16pm

Kimmy11 wrote on Sat Oct 8, 2022 7:26pm:

Hi Alistair,

Although you finished working in 1990, where did you live between then and now?  Do you have proof of 5 years' continued residence in Spain, no more than 10 years ago?

Kind regards,

Kim

Firstly Kim,

Thank you for taking the time to reply to me it is very kind of you.

We were in the UK until December 2013 when we moved to Cabo Roig,our Landlord and owner Mark was from Leeds he sold out in December 2017 ,and the new owner John from London rented  to us for 6 months until the end of May 2018.

 From the house in Cabo Roig we moved to La Hoya where the Landlord Adrian was Spanish, and we stayed from June 2018 until June 2019,but as my wife Christine was ill we had to return to the Uk again,so a total of 5 and a half years.

We also had a Spanish registered car for 2 years and on  which we paid  road tax  and did our renewals  at Santa Pola.

Christine is in good health now so we had hoped to return to Spain but Brexit came along.

Kind Regards

Alistair Quin

lorimer1314

Posted: Sat Oct 8, 2022 8:19pm

lorimer1314

Original Poster

Posts: 7

2 helpful points

Location: Cabo Roig

Joined: 26 May 2018

Posted: Sat Oct 8, 2022 8:19pm

lorimer1314 wrote on Sat Oct 8, 2022 8:16pm:

Firstly Kim,

Thank you for taking the time to reply to me it is very kind of you.

We were in the UK until December 2013 when we moved to Cabo Roig,our Landlord and owner Mark was from Leeds he sold out in December 2017 ,and the new owner John from London rented  to us for 6 months until the end of May 2018.

 From the house in Cabo Roig we moved to La Hoya where the Landlord Adrian was Spanish, and we stayed from June 2018 until June 2019,but as my wife Christine was ill we had to return to the Uk again,so a total of 5 and a half years.

We also had a Spanish registered car for 2 years and on  which we paid  road tax  and did our renewals  at Santa Pola.

Christine is in good health now so we had hoped to return to Spain but Brexit came along.

Kind Regards

Alistair Quin

Hi Kim,

Proof with the English landlords may be difficult but the Spanish owner came through a estate agent.

Kimmy11

Posted: Sat Oct 8, 2022 10:24pm

Kimmy11

Legendary helpful member

Posts: 6870

12563 helpful points

Joined: 8 Aug 2017

Posted: Sat Oct 8, 2022 10:24pm

Hi Alistair,

As you and your wife lived continuously in Spain from December 2013 to June 2019, i.e. 5 and a half years (without any absences from Spain in excess of 6 months during that period?), you achieved Residencia Permanente.  As UK citizens, did you both register as foreigners in Spain and obtain your green Certificate of Registration?  Did you also submit at least one income tax return in that period?

The problem is that, having achieved Residencia Permanente, you have since been out of Spain for more than 2 years which, in theory, voids your residency.  But if you do have your green certificates, it would definitely be worth trying to reinstate your residency, as it would be with the benefit of the Withdrawal Agreement.

Kind regards, 

Kim

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