residency questions

Posted: Sat Oct 3, 2020 1:53pm

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GraemeP

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Hi

We were going to apply for residency on the basis that we spend more than 3 months in Spain (we're UK citizens). I'm now being told there's now no different between residency and fiscal residency - ie if we're resident that's it, we pay taxes in Spain and have to exchange driving licenses.

That puts us back in the 90 days from 180 category after December, not happy about it but we'll have to hope it changes in line with the UK 183 days a year.

Anyway the process raised a lot more questions for us - what happens to the legal status in the UK if we took residency here? in particular - contributions to pensions, access to NHS etc?

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Posted: Sat Oct 3, 2020 2:00pm

Kelvin1960

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Posted: Sat Oct 3, 2020 2:00pm

These recent threads address your questions

EU / BREXIT

https://www.costablancaforum.com/area/javea-x%C3%A0bia-spain-65/healthcare-medical-advice-in-javea-x%C3%A0bia-16/convenio-especial-115580/?page=2&status=jump-to-405667

Posted: Sat Oct 3, 2020 2:43pm

GraemeP

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Posted: Sat Oct 3, 2020 2:43pm

Kelvin1960 wrote on Sat Oct 3, 2020 2:00pm:
These recent threads address your questions
EU / BREXIT

Read more...

https://www.costablancaforum.com/area/javea-x%C3%A0bia-spain-65/healthcare-medical-advice-in-javea-x%C3%A0bia-16/convenio-especial-115580/?page=2&status=jump-to-405667

Yes indeed very helpful thanks.

One question left though - what happens with those not yet of retirement age? As they no longer pay NI they will no longer contibute to the UK state pension - or can they?

Any other hidden pitfalls?

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Posted: Sat Oct 3, 2020 2:45pm

John56

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Posted: Sat Oct 3, 2020 2:45pm

GraemeP wrote on Sat Oct 3, 2020 2:43pm:
Yes indeed very helpful thanks.
One question left though - what happens with those not yet of retirement age? As they no longer pay NI they will no longer contibute to the UK state pension - or can they?

Read more...

Any other hidden pitfalls?

You can check the Gov.UK website to see how to make up your contributions otherwise you may get a reduced pension based on the years you did contribute.

Posted: Sun Oct 4, 2020 1:34pm

PeterPan

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Posted: Sun Oct 4, 2020 1:34pm

GraemeP wrote on Sat Oct 3, 2020 1:53pm:
Hi
We were going to apply for residency on the basis that we spend more than 3 months in Spain (we're UK citizens). I'm now being told there's now no different between residency and fiscal residency - ie if we're resident that's it, we pay taxes in Spain and have to exchange driving licenses.

Read more...

That puts us back in the 90 days from 180 category after December, not happy about it but we'll have to hope it changes in line with the UK 183 days a year.
Anyway the process raised a lot more questions for us - what happens to the legal status in the UK if we took residency here? in particular - contributions to pensions, access to NHS etc?

I don't think you have much choice if your want to spend longer than 3 months in Spain. see https://www.gov.uk/guidance/living-in-spain#visas-and-residency

"You must register as a Spanish resident if you want to stay in Spain for more than 3 months. Children must also be registered with their own residency document."

Registering as a resident doesn't automatically make you fiscally resident. If you spend less than 183 days in Spain and your economic activities are in the UK, then you still remain a UK resident. However, this will potentially invalidate your benefits under the withdrawal agreement.

AFAIK The only way for a UK citizen to register as resident is, currently, via the TIE process. Once you leave Spain, after an extended visit, you should sign off the padron and you should return your TIE card.

It will probably be a different process after 31st December and different visa's may be available. Getting your TIE this year would give you a little breathing space and more time to make a decision.

See https://www.gov.uk/voluntary-national-insurance-contributions regarding increasing your State pension.