Can holding the residencia/TIE facilitate entry/departure between the UK and Spain?

Eurotraveller wrote on Sat Apr 10, 2021 12:59pm:

Hi all,

We, my wife and I, are long standing owners of a holiday bolt hole property in Spain. Our first Holiday flat, in Fuengirola, was actually acquired pre-EU., but when we first visited Santa Pola, about 15 years ago it was love at first sight.

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We did not vote for Brexit, as I had a nice job in education in the UK, with its frequent holiday breaks, in Spain,but of course we are all now suffering the downside effects of it taking place. We and other family members, never did stay as long as 90 days at one go, but since retirement we habitually made several visits each year of perhaps up to 1 month. As EU members it was really wonderful being able to do this without finding any obstacles or hindrance of any kind. Not now, thanks to the current cocktail of Brexit and COVID, creating amazingly complex obstacles, and of course the steadily rising costs of compliance.

We would ask other members of this old ally of ours, aka the CB forum, firstly about whether the residencia or TIE would lower the hurdles for us to enter & leave Spain on any future possible visits of less than 90 days. If not we may just have to try to sell our beloved Spanish property and holiday on our UK home turf.

Best wishes to all reading this, and stay well,

Kind regards

Ray & Frances

Kimmy11 wrote on Sat Apr 10, 2021 5:48pm:

Hi Ray and Francis,

There's no point you applying for residency unless you plan to spend at least 183 days per year in Spain - any less than that in your first 5 years in Spain and you would void your residency. Spending 183 days in Spain would also make you tax resident here.

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Kind regards,

Kim

Eurotraveller wrote on Sat Apr 10, 2021 7:15pm:

Hi again Kim,Hope you are still keeping well.I take on board all that you and others have said.The strange bit is that I am already, as a property owner, tax resident in Spain.We pay local council tax , national income tax, and the equivalent of VAT on electricity and water charges, as well as on al...

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...l the property management charges.The only tax we apparently don’t pay is on our “worldwide” UK income, because there is the freedom from double taxation treaty which avoids this. We already pay this in our annual UK tax return.
Ergo, there is no immediately obvious tax advantage for us in having Spanish residency,Nor do we require more than 183 days per annum in Spain, to justify it. The conclusion is that we can get by as things now stand, for the foreseeable, as you have wisely observed.There is also the distinct possibility that Scotland may eventually apply to rejoin the EU, if the Scottish National party, who presently rule the roost, win their desired independence vote next month.The latter is quite possibly what will come to pass as a result of the appreciable price rises and shortages of many EU sourced commodities in the entire UK, resulting from the Brexit which we of Scotland voted massively against, but which was foisted upon us by the English majority.We were undeniably better off financially before Brexit, as an EU member state, than we in Scotland are today. Not to mention the loss of freedom to travel without hindrance, throughout the EU.Hold the door open companeros, we hope to be back.Nice to still be able to talk freely to you Kim, thanks for your kind advice,Sincere best wishes,Ray & Frances

Eurotraveller wrote on Sat Apr 10, 2021 7:15pm:

Hi again Kim,Hope you are still keeping well.I take on board all that you and others have said.The strange bit is that I am already, as a property owner, tax resident in Spain.We pay local council tax , national income tax, and the equivalent of VAT on electricity and water charges, as well as on al...

Read more...

...l the property management charges.The only tax we apparently don’t pay is on our “worldwide” UK income, because there is the freedom from double taxation treaty which avoids this. We already pay this in our annual UK tax return.
Ergo, there is no immediately obvious tax advantage for us in having Spanish residency,Nor do we require more than 183 days per annum in Spain, to justify it. The conclusion is that we can get by as things now stand, for the foreseeable, as you have wisely observed.There is also the distinct possibility that Scotland may eventually apply to rejoin the EU, if the Scottish National party, who presently rule the roost, win their desired independence vote next month.The latter is quite possibly what will come to pass as a result of the appreciable price rises and shortages of many EU sourced commodities in the entire UK, resulting from the Brexit which we of Scotland voted massively against, but which was foisted upon us by the English majority.We were undeniably better off financially before Brexit, as an EU member state, than we in Scotland are today. Not to mention the loss of freedom to travel without hindrance, throughout the EU.Hold the door open companeros, we hope to be back.Nice to still be able to talk freely to you Kim, thanks for your kind advice,Sincere best wishes,Ray & Frances