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Residency issue

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Posted: Mon Feb 11, 2019 12:14pm
12 replies383 views6 members subscribed

Hi everyone I bought a property in villamartin for me and my family to enjoy holidays.im 55 yrs old so still a few years from retirement.my question is because of brexit I’ve been advised to take up residency,what would be the pros and cons of doing sobearing in mind I still live and work in the uk.

PeteKnight

PeteKnight

Super helpful member

Mon Feb 11, 2019 12:21pm

Posts: 1352

Location: Villamartin

1464 helpful posts

Posted: Mon Feb 11, 2019 12:21pm

You can't be a Spanish resident unless you spend the majority of your time in Spain. As you live and work in the UK the that seems unlikley.

Best bet is to start praying that Brexit doesn't happen, or that the limit of spending a maximum of 90 days out of the past 180 days in Europe is scrapped.

Pete. 

Michael4254

Michael4254

Original Poster

Mon Feb 11, 2019 12:29pm

Posts: 5

Location: Villamartin

Posted: Mon Feb 11, 2019 12:29pm

Thankyou for you quick reply,so I shouldn’t worry about it for now?

PeteKnight

PeteKnight

Super helpful member

Mon Feb 11, 2019 12:52pm

Posts: 1352

Location: Villamartin

1464 helpful posts

Posted: Mon Feb 11, 2019 12:52pm

Worrying won't help!

Just don't book flights that will add-up to you staying in Europe for more than 90 days this summer.

Pete. 

Deborah13

Mon Feb 11, 2019 7:15pm

Posts: 19

Location: Algorfa

Posted: Mon Feb 11, 2019 7:15pm

I thought residency was 183+ days... What's the 90-day rule about? And, do we not become a TAX resident until after actually BEING in Spain for 183 + one day?

PeteKnight

PeteKnight

Super helpful member

Mon Feb 11, 2019 7:34pm

Posts: 1352

Location: Villamartin

1464 helpful posts

Posted: Mon Feb 11, 2019 7:34pm

At the moment, a UK resident can travel around Europe as much as they like. They can't spend more than 183 days in a year in Spain without becoming resident, and if they are stopping more than 90 days then they should register as an alien.

However, there's nothing to stop them popping into France for a few months, then Germany, back to Spain, then to Italy etc. In theory they become domiciled in the place where they spend the majority of their time, but in practice nobody is monitoring their movement and they are complying with the local rules in each country, so they remain British residents.

After Brexit, it seems that Brits will be limited to a total of 90 days in any 180 day period within the Shenzhen zone as a whole. This means that although you can still spend 180 days per year in Spain, this will have to be a maximum of 90 days, followed by a 90 day break, then up to 90 days again.

We normally come to Spain for a couple of months in the spring, then another couple of months in July/August. If Brits are treated like any other visitors to Shenzhen (albeit without thy need to actually apply for a visa) then we won't be able to continue doing this, as it would add up to more than 90 days in a rolling 180 day period.

And as the limit applies to the whole of Europe, we wouldn't be able to take a weekend break to Berlin or visit friends in France or Switzerland either, as we would have used-up out Shenzhen zone allowance for the 180 day period.

Pete.

Deborah13

Mon Feb 11, 2019 7:38pm

Posts: 19

Location: Algorfa

Posted: Mon Feb 11, 2019 7:38pm

Gawd!!! But, thank you for the info :-)

Adele

Tue Feb 26, 2019 2:18pm

Posts: 10

Location: Villena

Posted: Tue Feb 26, 2019 2:18pm

Oh I am finding all this 90 day/183 days business difficult to understand! If I travel back and forth to Spain over the course of the year to my holiday home and it is in excess of 90 days in total  do I have to become a resident? Alternatively can I choose to become a resident if I wish to even if I don't have to? Thanks

jimtaylor

jimtaylor

Legendary helpful member

Tue Feb 26, 2019 4:36pm

Posts: 3090

Location: Almoradí

4334 helpful posts

Posted: Tue Feb 26, 2019 4:36pm

At the moment, if you stay here 90 days you have to apply for residency. But with Brexit potentially being imminent, you'd be better waiting until the effects of that are known before you do anything.

PeteKnight

PeteKnight

Super helpful member

Tue Feb 26, 2019 4:40pm

Posts: 1352

Location: Villamartin

1464 helpful posts

Posted: Tue Feb 26, 2019 4:40pm

Adele wrote on Tue Feb 26, 2019 2:18pm:

Oh I am finding all this 90 day/183 days business difficult to understand! If I travel back and forth to Spain over the course of the year to my holiday home and it is in excess of 90 days in total  do I have to become a resident? Alternatively can I choose to become a resident if I wish to even if I don't have to? Thanks

If Brexit actually happens and we find ourselves limited to visiting the Shenzhen zone for a maximum of 90 days in any 180 day period then the way it will work is you look back at the last 180 day period and work out how many of those days you've spent in the Shenzhen  zone. Once you reach 90 days then you cant be in the zone again until the number drops below 90.

I'll use what we're planning as an example (you count any day where you spent any time at all in the zone as a whole day)...

We'll arrive on 11/05/2019 and leave on 13/06/2019 - a total of 33 days

We'll arrive again on 07/07/2019 and would like to leave around 5th September (when the kids will be back at school and flights will be cheaper). However, this would make that a 60 day stay, and added to the 33 days spent previously we'l have spend 93 days in the zone, within a 180 day period, so would have overstayed by 3 days. This means we may have to return on 02/09/2019.

180 days from our first arrival on 11/05/2019 is 07/11/2019. So, on 08/11/2019 the first day of out initial visit won't count towards our total for the previous 180 days, so our rolling 180 day total will now be 89 days.  This would mean that we could go back to the Shenzhen zone for another 33 days (the length of our original stay), but after 33 days we would be overstaying again because the duration of our new stay, plus the duration of our 57 day stay on July to September would once again take us over the 90 day limit in the previous rolling 180 days.

As far as your residency question is concerned, you wouldn't be able to stay more than 90 days in any one visit anyway, unless you became a Spanish resident. But to properly be a resident you need to spend the majority of the year (183 days) in Spain. When you become a resident your taxes would be paid in Spain and your healthcare would be provided in Spain.

So the answer is that in practice you may not be able to spend as much time in Spain as you'd like, and you can't take any weekend breaks or business trips to other Shenzhen countries without it affecting your ability to spend time in Spain.

Our only hope would be that Spain introduces an extended stay system of some sort, to allow up to 182 days per year as is currently allowed or that Brexit doesn't happen.

Pete.

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