Open Letter to UK Citizens Living in Spain, from HMA Simon Manley
Jul 26th 2017, 11:11 pm
#16
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Re: Open Letter to UK Citizens Living in Spain, from HMA Simon Manley
Signing on the padrón is pretty meaningless from a residency point of view. You are only allowed to sign on if your habitual residence is in that municipality. More important in terms of gaining the right to remain and ultimately getting the right of permanent residency is to sign onto the register of EU foreigners with the police. After 90 days in Spain you are legally obliged to do that although that does not in itself make you tax resident and strictly speaking would necessarily mean that you can sign on the padrón.
The problem is that as part of the formalities you have to prove that you have an adequate income and full health cover. Signing on the padrón does not require that and most town halls actively encourage anyone and their dog to sign on just to increase their income from central government.
If you are thinking of living in Spain permanently in the future the most important move is to sign on the foreigners register as that is going to be the only thing that will help you get the right of permanent residency in the future. It’s a pain to do it but after Brexit it will be the most important piece of paper you have.
The problem is that as part of the formalities you have to prove that you have an adequate income and full health cover. Signing on the padrón does not require that and most town halls actively encourage anyone and their dog to sign on just to increase their income from central government.
If you are thinking of living in Spain permanently in the future the most important move is to sign on the foreigners register as that is going to be the only thing that will help you get the right of permanent residency in the future. It’s a pain to do it but after Brexit it will be the most important piece of paper you have.
Jul 27th 2017, 7:29 am
#17
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Re: Open Letter to UK Citizens Living in Spain, from HMA Simon Manley
I have looked into this already.As has been said in previous threads obtaining residency is variable by region. I have spoken to a gestor but unfortunately will only be able to start the process during my next visit Oct. From another forum someone in my region did this at the office I will use. They said the health plan was the most scrutinised document it must be comprehensive with full hospital cover , this was backed up by what the gestor said.He quoted around 1000 euros per year, I have enquired with previa medica and it's the same. Bonus was gestor confirmed that I do not need X amount in bank as own our house outright. I would see cost of this as investing in our future, but worry is I do this only to find out later I am not going to be entitled to S1 at state retirement age in 22 months time. I will have to take the risk I think.
Jul 27th 2017, 8:44 am
#18
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Re: Open Letter to UK Citizens Living in Spain, from HMA Simon Manley
What about people who have an S1 but not because they have reached retirement age? My family have lived here for over 10 years and we are all have a S1 since our move to Spain. My OH is the nearest to retirement but is still 10 years away.
Jul 27th 2017, 8:48 am
#19
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Re: Open Letter to UK Citizens Living in Spain, from HMA Simon Manley
I think it is also important to be fiscally resident ie making a declaracion de renta. (Tax return)
Jul 27th 2017, 8:54 am
#20
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Re: Open Letter to UK Citizens Living in Spain, from HMA Simon Manley
Was that because you were resident in Spain before April 2012? I don't think that particular entitlement CAN be changed by any developments in Brexit, as I seem to remember it was as a result of a SPANISH lead ruling at the time. Stand to be corrected on that one, though!
Jul 27th 2017, 9:02 am
#21
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Re: Open Letter to UK Citizens Living in Spain, from HMA Simon Manley
I have looked into this already.As has been said in previous threads obtaining residency is variable by region. I have spoken to a gestor but unfortunately will only be able to start the process during my next visit Oct. From another forum someone in my region did this at the office I will use. They said the health plan was the most scrutinised document it must be comprehensive with full hospital cover , this was backed up by what the gestor said.He quoted around 1000 euros per year, I have enquired with previa medica and it's the same. Bonus was gestor confirmed that I do not need X amount in bank as own our house outright. I would see cost of this as investing in our future, but worry is I do this only to find out later I am not going to be entitled to S1 at state retirement age in 22 months time. I will have to take the risk I think.
Yes, I take your point. If you don't go for 'residency' now the position regarding the S1 in 22 months time may be irrelevant in any case, especially if the door gets slammed shut at Brexit day. (Who knows, but you are right to hope for the best but expect the worse).
I can only say, you are right to go for it. I intend to stay here for the rest of my days, no question of that. If I ended up back in the UK for any reason beyond my control, I think it would take years off my life really.
Jul 27th 2017, 10:53 am
#22
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Re: Open Letter to UK Citizens Living in Spain, from HMA Simon Manley
I agree with your view Lurchio and thanks for the input. Only problem I have now for me if they slam the S1 door is wifes pension has been pushed back as a result of the rapid age increase post 2012. Had that not occurred we would have been fine as could already have S1. It seems the government are out to thwart my retirement plans lol
Jul 27th 2017, 10:58 am
#23
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Re: Open Letter to UK Citizens Living in Spain, from HMA Simon Manley
Fiscal residency I will not do untill at the point i have to and know the answer to the S1 issue. Anyway currently I do not do 183 days and my sole income is from crown pension which can only be taxed by UK for rest of my life. That itself is annoying as I have to pay tax to the UK but not sure if they will pay my health care (I know tax doesn't pay for health care) but very annoying.
Jul 27th 2017, 3:29 pm
#24
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Re: Open Letter to UK Citizens Living in Spain, from HMA Simon Manley
The UK govt pension is not taxed in Spain, but it now has to be declared on the normal income tax return. While it is not taxed directly, it will affect the tax you pay in Spain on any other income such as the state pension and any other income.
Jul 27th 2017, 5:10 pm
#25
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Re: Open Letter to UK Citizens Living in Spain, from HMA Simon Manley
If the double taxation treaty stays........
Jul 27th 2017, 6:39 pm
#26
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Re: Open Letter to UK Citizens Living in Spain, from HMA Simon Manley
It will stay as it has nothing to do with Brexit. It is an agreement between the UK and Spain - nothing to do with the EU.
It was modified in 2013 after 37 years - these things do not change very often.
It was modified in 2013 after 37 years - these things do not change very often.
Jul 27th 2017, 6:57 pm
#27
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Re: Open Letter to UK Citizens Living in Spain, from HMA Simon Manley
Yes I understand that Fred but untill I have state pension when I would become tax resident my only income is crown pension.
Jul 27th 2017, 7:07 pm
#28
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Re: Open Letter to UK Citizens Living in Spain, from HMA Simon Manley
Yes Bob, I know you understand that, but many others do not which is why I posted it.
Jul 27th 2017, 7:37 pm
#29
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Re: Open Letter to UK Citizens Living in Spain, from HMA Simon Manley
Good point. One thing I need to know re the residency. I can obtain it and still remain part time with option of over 90 days stays? However my understanding is that if I take residency my wife is entitled to obtain it herself say in 18 months time under EU legislation in order to join me in Spain? I ask to be sure as I am retired so not an issue for me but my wife still works in UK and will do for around 18 months. Then we hopefully (S1 rules at time permitting)move full time to our Spanish home. Thoughts on this would be appreciated.
Last edited by bobd22; Jul 27th 2017 at 7:47 pm.
Jul 27th 2017, 8:02 pm
#30
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Re: Open Letter to UK Citizens Living in Spain, from HMA Simon Manley
Anyone who meets the health/income requirements can sign on the register if it is there intention to stay more than 90 days. You do not need to be on the Padrón. You are free to come and go as you please. It is only when you have gained permanent residency after 5 years that you do actually have to live in Spain more or less permanently with occasional gaps adding up to less than 6 months in a year.
On that basis I can see no reason why you both cannot register immediately.
On that basis I can see no reason why you both cannot register immediately.