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moving now to Spain from UK

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Posted: Thu Mar 30, 2017 2:20pm
21 replies334 views5 members subscribed
Linda A

Posts: 5

Location: El Campello

1 helpful posts

We are retired. If we move to Campello this year before UK actually leaves the EU can we take residencia in Spain , and be treated the same as expats who have been there a number of years?

John56

John56

Super helpful member

Thu Mar 30, 2017 2:28pm

Posts: 1522

Location: La Zenia

1453 helpful posts

Posted: Thu Mar 30, 2017 2:28pm

At present no one knows what will happen after Brexit, anyone who says they do is lying. Common sense would dictate that the rights of Expats living in Spain would remain as it currently is, likewise the rights of EU nationals living in the U.K. should be retained after Brexit. But there is no guarantee that this will be the case however, I would say move to Spain permanently as soon as possible. We are making the move later this year but we are fortunate that as we come from Northern Ireland we have dual nationality and hold British and Irish passports so can still claim to be EU citizens even after Brexit.

jimtaylor

jimtaylor

Legendary helpful member

Fri Mar 31, 2017 4:10am

Posts: 3307

Location: Almoradí

4580 helpful posts

Posted: Fri Mar 31, 2017 4:10am

It's actually not a case of 'can' you take residencia - if you move here you must do so.

operationdinnerout

operationdinnerout

Helpful member

Fri Mar 31, 2017 11:01am

Posts: 508

Location: Beniarbeig

297 helpful posts

Posted: Fri Mar 31, 2017 11:01am

Linda A wrote on Thu Mar 30, 2017 2:20pm:

We are retired. If we move to Campello this year before UK actually leaves the EU can we take residencia in Spain , and be treated the same as expats who have been there a number of years?

I'm no expert but here's a thought..........I think any changes to regulations affecting ex pats are going to come in AFTER we officially leave the EU. So although it might be a gamble in some ways, if you are thinking seriously about moving to Spain or have made your mind up that you're doing so, do it before our exit. I would have thought that Spain will at the very least keep "existing" ex pat terms and conditions the same, ie unaffected as far as Spain goes, whereas people moving after we have officially exited the EU could (potentially) be subject to less generous benefits of residency which could tumble out of a hard Brexit where horsetrading takes place.

Pure speculation of course, because as someone said we just don't know what will happen!

covetanewone

Fri Oct 5, 2018 6:15pm

Posts: 16

Location: Coveta Fuma

6 helpful posts

Posted: Fri Oct 5, 2018 6:15pm

Linda A wrote on Thu Mar 30, 2017 2:20pm:

We are retired. If we move to Campello this year before UK actually leaves the EU can we take residencia in Spain , and be treated the same as expats who have been there a number of years?

Hello, we are family of four and moved here two weeks ago!  As other replies state, who knows what will happen with Brexit, but sometimes you just have to take the chance.  Many expats I have found are not in residency, as you can stay I believe 180 days without being a resident.  In our situation as we wanted to live, work here and have children in school we took applied for our NIE via a Gestor (solicitor) in El Campello three weeks before arriving.  Sending the gestor our passport copies,  birth certificates etc prior to arriving.  On arrival we phoned the gestor ( who speaks several languages) and arranged a meeting with them.  The gestor had already arranged an appointment for us and filled out all the paperwork!!!   In Alicante you have to wait at least three weeks it seems to have an appointment, Our appointment was in Benidorm and only took 20 minutes.  We had to drive back to Benidorm the next afternoon to pick up our NIE.

In short, if you are seriously thinking of moving here full time...and are not worried about .the challenge Brexit will bring........contact a gestor prior to coming, they are a GodSend!  

If you want the info on ours please message us.   P.S using the gestor was extremely cheap and fast, and we are also using her for Car import, schools, employment and information.

GOOD LUCK!

paulsav

paulsav

Helpful member

Sat Oct 6, 2018 10:43am

Posts: 319

Location: Villena

155 helpful posts

Posted: Sat Oct 6, 2018 10:43am

Hi, read your post but little confused as you stated you were applying for your NIE which of course is nothing to do with residency just a register of "strangers". Are you continuing to apply for residency before Brexit happens through same gestor which you will need to do to avoid any changes that Brexit causes? 

Pauline.

RayD

RayD

Super helpful member

Sun Oct 7, 2018 2:10pm

Posts: 2152

Location: Catral

1424 helpful posts

Posted: Sun Oct 7, 2018 2:10pm

NIE - register of extranjeros and ID number. Can be done before you arrive, or after you arrive in Spain.

Residente comunitario - certificate of an EU resident in Spain. MUST be done 90 days after arriving in Spain. No choice

Residencia fiscal - tax residency. MUST be done after 180 days in Spain. No choice

You may find that a lot of brits haven´t done one or any of the above, but they are living here illegally.

paulsav

paulsav

Helpful member

Sun Oct 7, 2018 8:15pm

Posts: 319

Location: Villena

155 helpful posts

Posted: Sun Oct 7, 2018 8:15pm

Thanks Dave for that info, I was concerned Covetanewone thought that was all they had to do. Unfortunately I too get very confused with varying info. The residente comunitario which is applied for after 90days in Spain, can this be done earlier if you know you are staying for 90days and is this classed as being a legal Spanish resident even if you have a UK home? Forgive me for seeming stupid but as said I am confused. What is the difference between residente comunitario and applying for residency?

Thanks in advance

Pauline.

operationdinnerout

operationdinnerout

Helpful member

Sun Oct 7, 2018 8:42pm

Posts: 508

Location: Beniarbeig

297 helpful posts

Posted: Sun Oct 7, 2018 8:42pm

Pauline apologies for jumping in. 

I don't recognise the word comunitario. However my understanding is that "Residencia" is what you apply for if you spend more than 183 days in Spain. If you spend more than 183 days in Spain and don't apply for Residencia you are in effect an illegal alien. Dave says this kicks in at 90 days, I'm happy to be proved wrong! 

Residencia is not unreasonably withheld. However to get Residencia status you must demonstrate sufficient means to live on and have private health cover if you are below retirement age. 

So for the avoidance of doubt, you could own a property in the UK but if you spend over 183 days at your Spanish property you are a Spanish resident as far as the Spanish state is concerned. As i say I don't recognise the 90 day reference made but perhaps others will clarify 100%

paulsav

paulsav

Helpful member

Sun Oct 7, 2018 9:45pm

Posts: 319

Location: Villena

155 helpful posts

Posted: Sun Oct 7, 2018 9:45pm

Your reply typifies my confusion and makes me feel less stupid. I have read one has to register after 90days but didnt know what it was called and what it classed as far as status, so I hope Dave or someone in the know(perhaps Jim?) can clarify my confusion

Pauline. 

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