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Residencia for stays between 3 to 6 months per year?

Posted: Tue Jun 30, 2020 11:05am
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pmuk

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Joined: 30 Jun 2020

Hi everyone,

We've recently built a holiday house in Orihuela Costa and plan to travel between here and the UK. We expect to spend over 6 months in the UK each year, but would like to be able to spend over 3 months in the holiday home in a single stay if we wish. 

My understanding is that stays over 3 months require you to apply for residency. However, I have also read that when it comes to renewing the residency in the future, it may be rejected if you have spent less than 6 months a year in Spain.

My question therefore is.... is there a legal residency option for someone who wishes to spend between 3 and 6 months a year in Spain in a single visit?

I understand that it is likely we will be able to spend up to 3 months in any rolling 6 month period post-Brexit without residency but would like to be able to stay longer. 

Thanks,

Paul

Despegue

Posted: Tue Jun 30, 2020 11:40am

Despegue

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Posted: Tue Jun 30, 2020 11:40am

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Just visit Gibraltar, France or Portugal for a minute and you are good to go for another 3 months 😉

If you do not need a Schengen visa, nobody will check anyhow 😉.

Residency is ONLY if you spend over 6 months in Spain per calender year. ( if you do not have your spouse/minor children who are resident in Spain or the centre of your financial life is not in Spain).There is lots of false information regarding this on these forums by people writing doom and gloom and threatening that you will get into trouble if you dare to spend for example a winter on the Costas. 

So simply said: you DO NOT need to apply for residencia. 

dinnerout

Posted: Tue Jun 30, 2020 11:46am

dinnerout

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Posted: Tue Jun 30, 2020 11:46am

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Despegue wrote on Tue Jun 30, 2020 11:40am:

Just visit Gibraltar, France or Portugal for a minute and you are good to go for another 3 months 😉

If you do not need a Schengen visa, nobody will check anyhow 😉.

Residency is ONLY if you spend over 6 months in Spain per calender year. ( if you do not have your spouse/minor children who are resident in Spain or the centre of your financial life is not in Spain).There is lots of false information regarding this on these forums by people writing doom and gloom and threatening that you will get into trouble if you dare to spend for example a winter on the Costas. 

So simply said: you DO NOT need to apply for residencia. 

Bad advice there I'm afraid. 

Despegue

Posted: Tue Jun 30, 2020 3:04pm

Despegue

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Posted: Tue Jun 30, 2020 3:04pm

With all respect, I AM correct here.

YOU DO NOT need residencia if you stay less than half a year in Spain, if the centre of your life is not in Spain. Full Stop. ( I am talking EU citizens here).

I am well experienced in the matter, but alas, once again some here interpret the law in a way that you would think that any stay of over 90 days in a year needs a residencia. That is simply completely wrong. 

You are welcome to stay in Spain for half a year or less without having to claim residency. This is EU Law by the way, and not only Spanish legislation. 


thousands of Belgians spend the whole winter in Spain, more than 3 months, and are still obviously resident in Belgium where their vital center of their Life is situated. And rest assured, that is all completely legal according EU and Spainish legislation.

I myself, and hundreds of my colleagues are in Spain just short of 6 months per year, the rest, we are abroad. If we do not have the centre of our life in Spain ( wife/kids/job), we are NOT considered resident and do NOT need to pay taxes in Spain. 

tebo53

Posted: Tue Jun 30, 2020 3:58pm

tebo53

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Posted: Tue Jun 30, 2020 3:58pm

Despegue wrote on Tue Jun 30, 2020 3:04pm:

With all respect, I AM correct here.

YOU DO NOT need residencia if you stay less than half a year in Spain, if the centre of your life is not in Spain. Full Stop. ( I am talking EU citizens here).

I am well experienced in the matter, but alas, once again some here interpret the law in a way that you would think that any stay of over 90 days in a year needs a residencia. That is simply completely wrong. 

You are welcome to stay in Spain for half a year or less without having to claim residency. This is EU Law by the way, and not only Spanish legislation. 


thousands of Belgians spend the whole winter in Spain, more than 3 months, and are still obviously resident in Belgium where their vital center of their Life is situated. And rest assured, that is all completely legal according EU and Spainish legislation.

I myself, and hundreds of my colleagues are in Spain just short of 6 months per year, the rest, we are abroad. If we do not have the centre of our life in Spain ( wife/kids/job), we are NOT considered resident and do NOT need to pay taxes in Spain. 

Despegue...You are becoming a nuisance. 

Steve 

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Kimmy11

Posted: Tue Jun 30, 2020 4:12pm

Kimmy11

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Posted: Tue Jun 30, 2020 4:12pm

Hi Despegue,

You and "thousands of Belgians" may spend more than 90 days in Spain or any other EU country, and you will be able to continue to do so after on 1 January 2021.  However, the OP is a UK citizen (the clue is in Paul's username) and Brexit changes the rules significantly for us.  What you have written may not be factually incorrect for EU citizens, but it is morally wrong and also incorrect on many aspects for UK citizens from the start of next year.

Regards,

Kim

Despegue

Posted: Tue Jun 30, 2020 4:55pm

Despegue

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Posted: Tue Jun 30, 2020 4:55pm

Look buddies, all the regulations you are quoting are for more than 90 days in a row first of all. That is why I clearly mention a stay over the Spanish border within 90 days.

Secondly, indeed as I said in my post, this is valid for EU citizens and there is absolutely nothing nada zip morally wrong with staying up to 183 days per year in Spain without claiming Residency, you pay the tax where you ARE resident. 

The only thing you guys seem to want to do is follow the Law to the letter, without correct interpretation, without understanding the meaning of said legislation, and without finding ways to solve a “problem”. I am giving LEGAL options to avoid Residencia if necessary and if staying for less than 183 days per year.

And do not claim that I am telling illegal things, most Spanish working abroad do this, all quite legal and accepted by the Spanish government and tax authorities. 

but hey, you guys want to make things complicated? Go ahead and claim residency in 2 countries 🙄.

Kush

Posted: Tue Jun 30, 2020 7:28pm

Kush

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Posted: Tue Jun 30, 2020 7:28pm

Despegue wrote on Tue Jun 30, 2020 4:55pm:

Look buddies, all the regulations you are quoting are for more than 90 days in a row first of all. That is why I clearly mention a stay over the Spanish border within 90 days.

Secondly, indeed as I said in my post, this is valid for EU citizens and there is absolutely nothing nada zip morally wrong with staying up to 183 days per year in Spain without claiming Residency, you pay the tax where you ARE resident. 
...

...

The only thing you guys seem to want to do is follow the Law to the letter, without correct interpretation, without understanding the meaning of said legislation, and without finding ways to solve a “problem”. I am giving LEGAL options to avoid Residencia if necessary and if staying for less than 183 days per year.

And do not claim that I am telling illegal things, most Spanish working abroad do this, all quite legal and accepted by the Spanish government and tax authorities. 

but hey, you guys want to make things complicated? Go ahead and claim residency in 2 countries 🙄.

I have no idea who you are and I reckon I am probably falling for your wind up, but here goes anyway, why would you want to give folks wrong info that is totally at odds with what is legal and proper ?

Its not big or clever your just making yourself look foolish man.

Kush

tebo53

Posted: Tue Jun 30, 2020 7:49pm

tebo53

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Despegue

Posted: Tue Jun 30, 2020 11:34pm

Despegue

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Joined: 23 Sep 2019

Posted: Tue Jun 30, 2020 11:34pm

Kush wrote on Tue Jun 30, 2020 7:28pm:

I have no idea who you are and I reckon I am probably falling for your wind up, but here goes anyway, why would you want to give folks wrong info that is totally at odds with what is legal and proper ?

Its not big or clever your just making yourself look foolish man.

Kush

Because what I am saying IS legal for EU citizens, and until the end of the year, this also applies for UK citizens.

All the rules you guys are quoting are for NON-EU visiting EU, and not intra-EU. I don’t even know why some here are always quoting them as they are simply not applicable to EU citizens, and until at least 31/12, also not to British!

It is you RayD and consorts who are giving incorrect info.

This I have mentioned from the very first post.

The OP can at this moment stay as long as he wants in Spain within the 183 rule, full stop. What happens thereafter is anyone’s guess

Anyhow, this is my last post here, suit yourselves if you are unwilling to listen and apply non applicable regulations to your situation.

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