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When to do what ?

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When to do what ?

Post by DannyandJosie on Sun Jun 26, 2016 5:24 pm

Hi all,

Wasn't sure of the best title for this enquiry Smile

Does anyone have a link/information etc on your legal requirements upon moving to Spain on a full time basis ie. where and what you need to register (I know padron is within 3 months), when you need to change documents (driving license etc).

Any guidance would be appreciated.

Danny and Josie


DannyandJosie

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Re: When to do what ?

Post by Mandi on Sun Jun 26, 2016 7:32 pm

Good luck with that. think Ken is your best bet. Welcome.

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Re: When to do what ?

Post by Lurchio on Sun Jun 26, 2016 8:16 pm

Hiya!

Go on the Gov.UK website and look up 'Living in Spain', its all there for you. Also Citizens Advice, Spain is a good resource. Quick Guide to how to LEGALLY do it, anything else you may be told is BS.

Fiscal Residency:

1. In Spain for a continuous or accumulated period of 183 days in any Spanish Tax year (January to Dec) then you are deemed to be Spanish Tax Resident and have to declare all Worldwide Income to the Hacienda (Tax People). The key figure is 183 days in any one year in separate 'chunks' or one big period (more than 6 months, basically). So, if its the UK for 184 days and Spain for 181 days, then you are a UK tax resident. The other way around, you are a Spanish Tax resident.

Now for EC Residency: (You are still European at the moment!!!)

You have to be in Spain for more than a CONTINUOUS period of 90 days (Tax year NOT relevant, any 90 'straight' days!). You can stop / start the clock just by going to Gibraltar for a day trip for example, or returning to the UK. For example 89 days here, and then a break outside Spain for more than a day, you come back with another 90 day period 'in the bank.'

If you are here for more than 90 days OR when you first arrive here, you INTEND to stay for more than 90 days (e.g you have 'sold up' in the UK and basically moved to Spain to continue your life here) you will have to apply for 'Residency'. You have free movement in the EU (at the moment), so 'Residency' is simply being allowed to settle in another EU country, and remain for more than 90 days. For this, you go to the National Police Station in Baza and apply with NIE/ Passport/ Photos etc. You will have to show a level of income that demonstrates you can support your self (selves!) and that you either have Private Medical Insurance equivalent to the Spanish NHS standard OR a reciprocal health agreement form S1 from the UK, covering you from Spain. Private Insurance is normally for those under 65 and S1 is almost always for over 65's.

The EHIC card (valid at the time of writing) is NOT reciprocal cover, its for emergencies only and is NOT recognised by Spain as 'proper' cover.

Alternatively, stay below the radar (not recommended, but totally your business) BUT the clock will be ticking on that one after the 'Vote' I'm afraid !!!

Fiscal Residency and 'Residency' are separate matters, with separate critieria.

You'll see links to driving Licences etc. on the 'N332' website, really good for Road Traffic Law matters.

Finally, a note about the Padron. When you sign onto the Padron, you are automatically making a statement that the address is your 'normal and usual place of residence', some Agencies view this as you saying its your permanent address, so obviously take advice if you think this may cause an issue.

Only trying to help, and a 'quick' guide only. I am NO expert but have a look at the Websites and take it in at your own pace. TAKE PROFESSIONAL ADVICE in all cases when you are in doubt, Gestor or Solicitor or Helpline, whatever official but NEVER 'My Mate Reckons', or 'Nah, you don't wanna do that, Mate', the 'speaker' won't be around when the 'Sh*t hits', Guaranteed!

Good Luck.
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Re: When to do what ?

Post by DannyandJosie on Sun Jun 26, 2016 11:59 pm

Thanks for the info. We plan to move to Spain on a permanent basis from early next year and want to do things 'by the book'. Although British we have already lived outside the UK for the last 12 years and have seen plenty of evidence of the pitfalls of trying to buck the system - based on recent events I am sure many others will now be come clean !

DannyandJosie

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Re: When to do what ?

Post by Lurchio on Mon Jun 27, 2016 2:24 pm

All good, its NOT the nightmare others would have you think! Good luck to you, we have never regretted a moment of us coming here.
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Lurchio

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Re: When to do what ?

Post by Mariposa on Mon Jun 27, 2016 5:08 pm

I just got this off the [You must be registered and logged in to see this link.] website.  Latest info...

Residency requirements
From 28 March 2007, Royal Decree 240/07 requires that all EU citizens planning to reside in Spain for more than 3 months should register in person at the Oficina de Extranjeros in their province of residence or at designated Police stations. You will be issued an A4 printed Residence Certificate stating your name, address, nationality, NIE number (Número de Identificación Extranjeros) and date of registration.

More details can be found on the website for the Spanish Ministry of the Interior (information is in Spanish).

Changes to the residency regulations
On 10 July 2012 the Spanish government introduced details of the new residency requirements for all EU citizens, including British nationals.

Under the new rules, EU citizens applying for residency in Spain may be required to produce evidence of sufficient financial means to support themselves (and dependants). Applicants may also be asked for proof of private or public healthcare insurance. More details about the application process and documentation you need are available on the website of the Spanish Ministry for Work and Social Security.

Hope this helps.
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Re: When to do what ?

Post by DannyandJosie on Mon Jun 27, 2016 11:13 pm

Thanks for all the help and info. Not moving over full time until January 2017 (cold, I know ... especially as we will be coming from the Carribean !), but it's another item crossed off my long 'to do' list Danny

DannyandJosie

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