Applying for residencia - Page 2

paulsav wrote on Tue Aug 4, 2020 2:53pm:

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...

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.... 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.

SteveLaird wrote on Tue Aug 4, 2020 3:01pm:

Pauline 

Thanks for this - extremely helpful 

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We are determined to apply ...

Timing is a nightmare for us because we will both probably retire within 12 - 18 months and then it would be easier - but less favourable post Brexit !

Out of curiosity, why would we drive in the UK on a Spanish license ?

I would have thought it possible to have an UK / EU license as well as a Spanish one . We do already have a car here so we appreciate we will need to apply for a spanish license  ?

Thanks once again 

SteveLaird wrote on Tue Aug 4, 2020 3:01pm:

Pauline 

Thanks for this - extremely helpful 

Read more...

We are determined to apply ...

Timing is a nightmare for us because we will both probably retire within 12 - 18 months and then it would be easier - but less favourable post Brexit !

Out of curiosity, why would we drive in the UK on a Spanish license ?

I would have thought it possible to have an UK / EU license as well as a Spanish one . We do already have a car here so we appreciate we will need to apply for a spanish license  ?

Thanks once again 

Kelvin1960 wrote on Tue Aug 4, 2020 3:09pm:

Each person can only have one licence.

If you gain Spanish Residencia (now TIE) you have a limited time allowed to switch to a Spanish licence. 

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You cannot drive a UK-plated car in Spain on a Spanish licence (but you can drive a UK-plated car or a Spanish-plated car in the UK on a Spanish licence - but you must tell the insurer of your UK car about your new licence).

It has been said (but I'm not sure) that after Jan 1st 2021, you will be unable to just swap your licence .... you may need to take your test again in Spain (in Spanish).

The issue date on your new Spanish licence will be just that, so on paper you look like a new driver. This can cause a bit of confusion when renting a car. But the dates that you qualified in the UK (by category) are shown on the reverse of the licence. 

SteveLaird wrote on Tue Aug 4, 2020 5:15pm:

Thanks for this 

We do recognise the requirement . In fact we are not far short in recent years (were it not for C19) - and so we need to obtain it in case we overstay. We have owned property for more than ten years - with Padron and NIE and so we should have done this a while back   

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We plan to spend at least 7-8 months over a 12 month period in Spain if we succeed (if we can get flights !), and then more when we retire in a year or so  

Regards 

Kelvin1960 wrote on Tue Aug 4, 2020 3:09pm:

Each person can only have one licence.

If you gain Spanish Residencia (now TIE) you have a limited time allowed to switch to a Spanish licence. 

Read more...

You cannot drive a UK-plated car in Spain on a Spanish licence (but you can drive a UK-plated car or a Spanish-plated car in the UK on a Spanish licence - but you must tell the insurer of your UK car about your new licence).

It has been said (but I'm not sure) that after Jan 1st 2021, you will be unable to just swap your licence .... you may need to take your test again in Spain (in Spanish).

The issue date on your new Spanish licence will be just that, so on paper you look like a new driver. This can cause a bit of confusion when renting a car. But the dates that you qualified in the UK (by category) are shown on the reverse of the licence. 

jimtaylor wrote on Wed Aug 5, 2020 5:30am:

Just a couple of points, although you're probably aware of them.

If you spend 183 days or more here in one calendar year, then you would be fiscally resident for that year and obliged to submit a tax return declaring your worldwide income.

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If you're (incorrectly) on the padrón, and want to bring your UK car with you, you'd have to pay import duty as well as the other costs involved in the transfer to Spanish plates.