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Applying for residencia

Posted: Mon Aug 3, 2020 10:50am
29 replies1324 views9 members subscribed
SteveLaird

Posts: 47

10 helpful points

Joined: 25 Mar 2019

My wife and I have two properties in Pilar and Torre De La Horadada. We want to apply for residencia ASAP. We have registered at the Town Hall (but more than a year ago).  We have tried our usual lawyer and another firm and both say they have too much work on at present to support us. We can meet all of the criteria including EU 18,000 in the bank and health insurance etc.  We haven't made an appointment in Murcia yet as we don't know whether we need to have had the funds in the account for three months before we go to apply . We have had a Spanish Bank Account kept in good credit for at least ten years . We are both working (my wife part time after retiring early as a nurse) and I am planning to semi retire next year. 

Does anyone know of a person or firm who can help us through the red tape or can you answer the question about the period the funds need to be in place before the appointment ?

Many thanks 

Steve & Jules 

Kelvin1960

Posted: Mon Aug 3, 2020 11:02am

Kelvin1960

Super helpful member

Posts: 1488

1767 helpful points

Joined: 5 Mar 2017

Posted: Mon Aug 3, 2020 11:02am

http://www.britannialegals.com/

These guys aren't far from you.

They have held our hands throughout the process (house/car/health insurance, Residencia, importing cars, income tax, wills, etc.).

We asked them to switch our Residencia cards for TIEs, but they seem to be prioritising new applications at present, which makes sense. 

Cheryl

Posted: Mon Aug 3, 2020 2:53pm

Cheryl

Legendary helpful member

Posts: 2973

3533 helpful points

Location: Albatera

Joined: 8 Jun 2017

Posted: Mon Aug 3, 2020 2:53pm

I'm playing devil's advocate here but I'm sure you can't apply for Residency in Spain whilst you are still working and living in the UK. Owning property here is not relevant unless you are living in them.  If you are already living and working in Spain I would assume you would know that you make contributions to the health service here.
If you intend moving over once you retire you will have to qualify for Residency on post withdrawal terms.

SteveLaird

Posted: Mon Aug 3, 2020 9:39pm

SteveLaird

Original Poster

Posts: 47

10 helpful points

Joined: 25 Mar 2019

Posted: Mon Aug 3, 2020 9:39pm

Kelvin1960 wrote on Mon Aug 3, 2020 11:02am:

http://www.britannialegals.com/

These guys aren't far from you.

They have held our hands throughout the process (house/car/health insurance, Residencia, importing cars, income tax, wills, etc.).

We asked them to switch our Residencia cards for TIEs, but they seem to be prioritising new applications at present, which makes sense. 

Brilliant- will contact them 

regards

SteveLaird

Posted: Mon Aug 3, 2020 9:43pm

SteveLaird

Original Poster

Posts: 47

10 helpful points

Joined: 25 Mar 2019

Posted: Mon Aug 3, 2020 9:43pm

Cheryl wrote on Mon Aug 3, 2020 2:53pm:

I'm playing devil's advocate here but I'm sure you can't apply for Residency in Spain whilst you are still working and living in the UK. Owning property here is not relevant unless you are living in them.  If you are already living and working in Spain I would assume you would know that you ...

...make contributions to the health service here.
If you intend moving over once you retire you will have to qualify for Residency on post withdrawal terms.

Thanks

It is certainly possible to obtain residencia before retirement - but the conditions are far more onerous and complex . Property ownership helps but there are many other requirements including health insurance and financial resources to show you have enough income not to be a burden . Hence the need for some local help !

Regards 

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SteveLaird

Posted: Mon Aug 3, 2020 9:44pm

SteveLaird

Original Poster

Posts: 47

10 helpful points

Joined: 25 Mar 2019

Posted: Mon Aug 3, 2020 9:44pm

SteveLaird wrote on Mon Aug 3, 2020 9:43pm:

Thanks

It is certainly possible to obtain residencia before retirement - but the conditions are far more onerous and complex . Property ownership helps but there are many other requirements including health insurance and financial resources to show you have enough income not to be a burden . Hence the n...

...eed for some local help !

Regards 

And I should have said - we live here half  of the time .. 

SteveLaird

Posted: Mon Aug 3, 2020 9:52pm

SteveLaird

Original Poster

Posts: 47

10 helpful points

Joined: 25 Mar 2019

Posted: Mon Aug 3, 2020 9:52pm

This post that was quoted has been deleted.

Thanks for this . We don’t actually work for an employer in Spain . My business is UK based but I am able to work remotely . The health insurance costs are astronomical! !

Does Jim provide support (for a fee of course ) ? 

paulsav

Posted: Tue Aug 4, 2020 10:54am

paulsav

Super helpful member

Posts: 1366

1009 helpful points

Location: Villena

Joined: 4 Dec 2015

Posted: Tue Aug 4, 2020 10:54am

SteveLaird wrote on Mon Aug 3, 2020 10:50am:

My wife and I have two properties in Pilar and Torre De La Horadada. We want to apply for residencia ASAP. We have registered at the Town Hall (but more than a year ago).  We have tried our usual lawyer and another firm and both say they have too much work on at present to support us. We can...

... meet all of the criteria including EU 18,000 in the bank and health insurance etc.  We haven't made an appointment in Murcia yet as we don't know whether we need to have had the funds in the account for three months before we go to apply . We have had a Spanish Bank Account kept in good credit for at least ten years . We are both working (my wife part time after retiring early as a nurse) and I am planning to semi retire next year. 

Does anyone know of a person or firm who can help us through the red tape or can you answer the question about the period the funds need to be in place before the appointment ?

Many thanks 

Steve & Jules 

Hi, if you can get your "residing over the 6months stay" sorted, I can recommend a lady called Uma at getlegalinspain.com. Well recommended, she gave me lots of free info re residency last year and helps people process it. Google her by name :[email protected].

You do have to reside in Spain over 6months of year though.(even if only by 1 day)

Regards

Pauline.

SteveLaird

Posted: Tue Aug 4, 2020 2:13pm

SteveLaird

Original Poster

Posts: 47

10 helpful points

Joined: 25 Mar 2019

Posted: Tue Aug 4, 2020 2:13pm

paulsav wrote on Tue Aug 4, 2020 10:54am:

Hi, if you can get your "residing over the 6months stay" sorted, I can recommend a lady called Uma at getlegalinspain.com. Well recommended, she gave me lots of free info re residency last year and helps people process it. Google her by name :[email protected].

You do have to reside in Spain over 6months of year though.(even if only by 1 day)...

...

Regards

Pauline.

That's brilliant - thanks 

I imagine that the six months is in any given twelve month period , rather than a continuous six months (people who live in Spain come and go back to the UK at times) . It shows how confusing this is because other advice seems to refer to an intention to stay of at least three months 

Regards 

Steve 

paulsav

Posted: Tue Aug 4, 2020 2:53pm

paulsav

Super helpful member

Posts: 1366

1009 helpful points

Location: Villena

Joined: 4 Dec 2015

Posted: Tue Aug 4, 2020 2:53pm

SteveLaird wrote on Tue Aug 4, 2020 2:13pm:

That's brilliant - thanks 

I imagine that the six months is in any given twelve month period , rather than a continuous six months (people who live in Spain come and go back to the UK at times) . It shows how confusing this is because other advice seems to refer to an intention to stay of at least three months ...

...

Regards 

Steve 

Yes Steve it is all very confusing. First, Spanish law states if planning to reside over 90days then you should apply for residency, or if you have already resided over 90 days, same, and you dont have to wait until your 90day stint has happenned, you can apply for residency as soon as you arrive. Secondly, some people apply for residency, receive it and return to Uk to sort matters out or for whatever reason but when you are applying for residency you are stating you wish Spain to be your primary habitable residence, renouncing your previous out of Spain residence as your main domicile. It doesnt mean you are a prisoner and cant leave the country but you cant leave and live elsewhere for more than 6months(183days+) in a calender year during first 5 years. Your out of Spain visits can be any amount any time in year but must not total 183 days that year or you could lose your residency. Obviously residencia has now changed to TIE and a little more longwinded as process is differrent but its the process now in action for Uk persons to gain residency. Also by stating you are living in Spain over 183 days makes you become a fiscal resident too, even if you still work in the Uk.

Because of Brexit, Uk persons who may not qualify under post Brexit rules re.income, are hurriedly trying to get their residency sorted prior to January,  yet will still have to work in Uk but so long as they can fulfill their 183days in Spain there is nothing wrong with doing that if retirement is in the near future. There are many constraints that come with achieving residency, eg, healthcare and driving in Uk on a spanish licence, IHT and CGT if you still have property in Uk, to name a few, which all must be thoroughly investigated too.

Hope this has helped

Regards

Pauline.

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