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Old Aug 5th 2017, 8:31 pm   #31
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Default Re: MOVING TO SPAIN PRIOR BREXIT

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Originally Posted by CHRISJK View Post
Yes I was aware of the 5 year Residency, but I was referring to TAX Residency, which is between the two mentioned. I believe that you become a TAX Resident automatically after you have been in the Country 183 Days.
As I understand it once you have gone over 183 days you have to fill in a tax return, this is completed annually before June each yaer for the previous year. They say that you do not need to complete a return if you income is less than 12,000 Euros. (allowance each of 6,000) but there is advanages in completeing one for about 3 years. Such as taxes if one partner dies. You need to look into this. One of the books I bought "you and the Law in Spain" well worth the price
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Old Aug 5th 2017, 9:45 pm   #32
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Default Re: MOVING TO SPAIN PRIOR BREXIT

Yep, if its important take professional advice. Three years as a tax resident means that if you sell your house in Spain, you can currently purchase a house anywherein the EU and not pay Capital gains on the profit you may have made on the Spanish place, provided you sink all the proceeds into the new house, just an example. Stay below the radar, and you will get lumped for CGT and have a further 3% retention! Another example. More to follow from those more genned up than me!
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Old Aug 6th 2017, 9:03 am   #33
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Default Re: MOVING TO SPAIN PRIOR BREXIT

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Originally Posted by lurchio View Post
Yep, if its important take professional advice. Three years as a tax resident means that if you sell your house in Spain, you can currently purchase a house anywherein the EU and not pay Capital gains on the profit you may have made on the Spanish place, provided you sink all the proceeds into the new house, just an example. Stay below the radar, and you will get lumped for CGT and have a further 3% retention! Another example. More to follow from those more genned up than me!
Good point Lurchio mind a capital gain from house sale in Spain may be positive thinking
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Old Aug 6th 2017, 10:00 am   #34
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Default Re: MOVING TO SPAIN PRIOR BREXIT

Yes, but there is a recovery going on so you never know, in the future. Okay, maybe not then.....
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Old Aug 6th 2017, 10:13 am   #35
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Default Re: MOVING TO SPAIN PRIOR BREXIT

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Yes, but there is a recovery going on so you never know, in the future. Okay, maybe not then.....
It's good to look on the positives of life😃
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Old Aug 6th 2017, 3:05 pm   #36
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Default Re: MOVING TO SPAIN PRIOR BREXIT

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Originally Posted by lurchio View Post
Problem is as you say, to get residency you will have to have medical cover equivalent to the Spanish NHS standard to pass the process. This you can do with Private Health Insurance, or an S1.Sorry, a bit catch .22 in the circs. You will be aware that you also have to pass a financial means test.
Regarding the financial means test, this article quotes 5008 Euros per person plus 8763 Euros on top of that. If correct, this will eliminate 2 people who do not get the new maximum state pension without other private income.

Income tests for foreigners. Surinenglish.com

It also quotes the following which, if Brexit was about immigration, makes you wonder why the UK is/was going for Brexit in the first place:

But Spain's government is justifying the new residency requirement by drawing on a 2004 EU directive on "free movement" which gives member states the authority to define, "without prejudice to national border controls" – meaning EU countries can restrict entry to other citizens of other member states.

Last edited by Johnboyuk; Aug 6th 2017 at 3:34 pm.
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Old Aug 6th 2017, 4:12 pm   #37
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Default Re: MOVING TO SPAIN PRIOR BREXIT

That's just rubbish - which the Mijas town hall is renowned for. The Spanish law specifically says that there is no specific amount that is required, it will depend on individual circumstances.

Yet another case of minor functionaries thinking they can make up the rules.

Thi is a translation of the current law.

2. Disposition of sufficient resources, for himself and for the members of his family, not to become a burden for the social assistance of Spain during his period of residence.

Accreditation of the possession of sufficient resources, whether by periodic income, including labor or other income, or by the possession of a patrimony, shall be made by any means of proof admitted in law, such as property titles, certified checks , Documentation justifying the obtaining of capital income or credit cards, providing in the latter case an updated bank certification that establishes the amount available as credit for the said card.

The assessment of the sufficiency of means must be made on an individual basis, and in any case, taking into account the personal and family situation of the applicant.

Accreditation shall be considered sufficient for the fulfillment of this requirement to have resources that are higher than the amount established each year by the General Budget Law of the State to generate the right to receive a non-contributory benefit, taking into account the personal and family situation of the interested.


The comments made in the article mainly refer to the need for health cover and it is true that the interpretation of what constitutes full cover are now being rigorously applied. I have heard of cases where a private health insurance policy does not comply as it excludes pre-existing medical conditions. Whereas a few years ago you could almost get away with travel insurance!

Last edited by Fred James; Aug 6th 2017 at 4:15 pm.
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Old Aug 6th 2017, 4:31 pm   #38
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Default Re: MOVING TO SPAIN PRIOR BREXIT

Johnboy I am not sure that is not a missqoute by the SUR as that 8763 euros is more or less the figure I was quoted very recently by a gestor for a married couple? Of course these figures are open to interpretation by the different areas of Spain but it does seem generally to be around 6000 per individual and 8500 per couple, also it can be a monthly income into bank account I think around 450 euros per month, also as I mentioned previously owning a property outright suffices, also as Fred previously mentioned an unused credit limit on a credit card in your name. I note that the article is from 2012 when these new rules re residency came in.

As for the right to define border controls that is what they did in Spain and many other countries by requiring after 90 days one to take residency and prove an address, funds in the bank and medical cover so that one doesn't become a burden to the state i.e. look after yourself as Spain wont do that. The UK could have applied these rules but didn't main problem for that would be that the UK rights to welfare and health care are residency based rather than contribution based as in Spain. Of course you are correct in saying that as the UK voters did not generally know these rules could be applied all Cameron had to do was say on returning after his negotiations and before the referendum vote that such rules would be applied by the UK, that would have placated many to say ok then lets stay certainly more than the 4% required to swing the vote. I watched the run up to the referendum very closely and the only politician I saw mention that such rules could be implemented was Labours Alan Johnson who outlined in interview that most EU countries apply this but UK by choice doesn't.
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Old Aug 6th 2017, 5:02 pm   #39
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Default Re: MOVING TO SPAIN PRIOR BREXIT

Excellent comment, very informative and well put. Thanks
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Old Aug 6th 2017, 5:13 pm   #40
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Default Re: MOVING TO SPAIN PRIOR BREXIT

Further to my comment above. I saw the other day that our great government now say that freedom of movement will end March 2019 this was after Hammond had days earlier said it wouldn't. They went on to say that there may be a transition period with limited freedom of movement? My guess is they will simply apply the rules as Spain does and make out its a great new plan to reduce immigration .
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Old Aug 6th 2017, 5:19 pm   #41
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Default Re: MOVING TO SPAIN PRIOR BREXIT

Spot on Fred and Bob, exactly as I understood it all. Anyone in doubt after reading any newspaper article that may affect them should always research and establish the facts before being sucked in. Sad thing is that theres so much 'mis information' out there, its almost cruel now. Strange times.
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Old Aug 6th 2017, 5:26 pm   #42
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Default Re: MOVING TO SPAIN PRIOR BREXIT

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Further to my comment above. I saw the other day that our great government now say that freedom of movement will end March 2019 this was after Hammond had days earlier said it wouldn't. They went on to say that there may be a transition period with limited freedom of movement? My guess is they will simply apply the rules as Spain does and make out its a great new plan to reduce immigration .
And thats the only time the Govt has given any indication of any 'cut off' date.The headmistress brings the naughty upper sixth down in front of the whole school by stating how the boss says it's going to be, just like she did with self employed NI contributions in the budget as mooted by Hammond. So whats the use of a Cabinet then? What a state (literally!)

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Old Aug 6th 2017, 5:51 pm   #43
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Default Re: MOVING TO SPAIN PRIOR BREXIT

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And thats the only time the Govt has given any indication of any 'cut off' date.The headmistress brings the naughty upper sixth down in front of the whole school by stating how the boss says it's going to be, just like she did with self employed NI contributions in the budget as mooted by Hammond. So whats the use of a Cabinet then? What a state (literally!)

It certainly is a sad state of affairs, the last comment only came about because on the Sunday Hammond had said that freedom of movement wouldn't stop as we needed a lengthy transition period during which FOM must stay. Of course at the same time the so called Trade Minister Fox was sucking up to the USA finally said he agreed to a transition period of up 3 years but not to freedom of movement? even though you can't have one without the other. Hence why they said it ends when we leave in March 2019? They are making it up as they go on the back of a fag packet sadly though they are not using the same fag packet. They did of course try it on with the EU trying to say the date would be back dated to when they signed article 50 that was until the EU told them where to go with that one. They really are making the UK look silly with the way they are going about this whole thing, sad thing is of course the likes of us have to try and plot a way forward through the quagmire. They are rapidly running out of time and what does the great British Government do carry on as normal with their extremely long summer break.
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Old Aug 6th 2017, 7:58 pm   #44
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Default Re: MOVING TO SPAIN PRIOR BREXIT

Just bear in mind that your only source of information is what you are reading in the media that you read or listen to. There is a cohort of so called reporters going round looking for Ministers or spokesmen who they ask for quotes from and then selectively reprint them in the form that they wish depending on their political slant. A classic example was the MP who asked Boris if he would tell the Eu to go whistle if they asked for penny more and Boris said if the figures that he had seen were true then go whistle would be an appropriate phrase - reported as Boris told the EU to go whistle. Sloppy journalism.
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Old Aug 6th 2017, 8:35 pm   #45
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Default Re: MOVING TO SPAIN PRIOR BREXIT

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Just bear in mind that your only source of information is what you are reading in the media that you read or listen to. There is a cohort of so called reporters going round looking for Ministers or spokesmen who they ask for quotes from and then selectively reprint them in the form that they wish depending on their political slant. A classic example was the MP who asked Boris if he would tell the Eu to go whistle if they asked for penny more and Boris said if the figures that he had seen were true then go whistle would be an appropriate phrase - reported as Boris told the EU to go whistle. Sloppy journalism.
In many cases you are correct. However they are also actually interviewed on TV and you can see them actually say what they say. The comment re them wanting to backdate the date recognised for end of movement was what they the government printed in their proposal as a possibility not speculation. It would seem from what they now say that proposal has been rejected by the EU.
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