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-   -   Applying for residencia. (https://britishexpats.com/forum/spain-75/applying-residencia-917677/)

Monkey104 Sep 25th 2018 7:29 am

Applying for residencia.
 
My wife and I are in the process of buying a property in Valencia. We are hoping to take possession in October and will be visiting for a week in November in order to pick up the keys, visit the Notaire to sign contracts and to pick up our bank cards.
We will also be staying over at Christmas before moving in permanently in March 2019.
Our question is how soon can we apply for residencia and do we need proof of income and medical insurance before we can apply?

regards

Fred James Sep 25th 2018 8:06 am

Re: Applying for residencia.
 
You can apply to sign on the register of EU foreigners as soon as you arrive. Yes, you will have to prove adequate income and health cover.

Monkey104 Sep 25th 2018 10:19 am

Re: Applying for residencia.
 

Originally Posted by Fred James (Post 12568209)
You can apply to sign on the register of EU foreigners as soon as you arrive. Yes, you will have to prove adequate income and health cover.


Thanks Fred,

As we won’t be living in the property full time til March I am assuming that I will have to pay for medical insurance that I won’t be using as it is the only way we will get Residencia.

regards

andy

1sexsmith Sep 25th 2018 6:37 pm

Re: Applying for residencia.
 
You shouldn't be applying for residencia until you are living there. You can't have residencia but not actually live there. So you shouldn't be trying to get residencia in October if you wont be living there until March. It is a bit like asking for residencia when you are holiday because you intend to live there one day! Also this will impact on tax etc. When do you intend to tell the UK gov you left? It all gets complicated. Why the rush?

snikpoh Sep 25th 2018 6:48 pm

Re: Applying for residencia.
 

Originally Posted by 1sexsmith (Post 12568386)
You shouldn't be applying for residencia until you are living there. You can't have residencia but not actually live there. So you shouldn't be trying to get residencia in October if you wont be living there until March. It is a bit like asking for residencia when you are holiday because you intend to live there one day! Also this will impact on tax etc. When do you intend to tell the UK gov you left? It all gets complicated. Why the rush?


Don't forget that you can be resident but not tax resident. Just don't stay more than 183 days in a calendar year.

So for the OP, tax is not an issue!

However, you can only register as resident where you live (reside) and if that is the UK until March, then you really are jumping the gun a little.

Fred James Sep 25th 2018 6:54 pm

Re: Applying for residencia.
 
It is not "residencia" - it is only the right to stay for more than 90 days. You could be resident in the UK and want to stay in Spain for 100 days - in which case you would have to sign on. If you wish to sign on the register because it is your intention to reside you can. Also it has nothing to do with tax as that is dealt with separately. You can be on the register and not be tax resident.

However, I agree with you that it is rather pointless going to all the expense etc if you are not going to officially need to until March.

bobd22 Sep 25th 2018 8:36 pm

Re: Applying for residencia.
 
I can understand the OPs reasoning, Brexit better to be resident pre 29 March as if there is a deal of some sort done you are entitled to rights agreed last December. Yes there is talk of the freedom of movement continuing in transition but will that include all the agreed rights? If you miss that date and they are not covered it may well simply be tough luck. So being prepared and now is to me a good idea. I agree with Fred if your intention is to reside for over 90 days then you can get residencia on arrival.

Monkey104 Sep 26th 2018 1:11 am

Re: Applying for residencia.
 
Thanks for your replies.
I did just want to get the ball rolling prior to our move in March but if I am not able to then so be it.
I am one for planning in advance. As a General once told me “ Time spent on reconnaissance is time seldom wasted”
We intend visiting the property 3 or 4 times before March in order to have things prepared.
We visited the area a few times prior to putting in an offer.
Residencia was just one of those things that I was making enquiries into.

Regards


ValTay0607 Sep 27th 2018 1:02 am

Re: Applying for residencia.
 
If one intends to reside 183 days spread over a 12 month period does one have to register? Anyone know?

snikpoh Sep 27th 2018 2:52 am

Re: Applying for residencia.
 

Originally Posted by ValTay0607 (Post 12569128)
If one intends to reside 183 days spread over a 12 month period does one have to register? Anyone know?

The 183 days are per calendar year.

Once tax resident, it is my understanding that you are also a 'domicile' resident and so should register as such.


You can be resident but not tax resident but once tax resident, you are automatically resident (ISTR)

bobd22 Sep 27th 2018 2:57 am

Re: Applying for residencia.
 

Originally Posted by ValTay0607 (Post 12569128)
If one intends to reside 183 days spread over a 12 month period does one have to register? Anyone know?

The 183 days is fiscal residency which once you excede 183 in 12 month period 1 Jan to 31 August then you would be liable to pay Spanish income tax. That is whether you have obtained the green residencia (signed on foreigners register or not). I you spend up to 182 days per year and no one stay is over 90 days then you need currently to do nothing neither will you be tax (fiscal resident).

ValTay0607 Sep 27th 2018 7:38 am

Re: Applying for residencia.
 
Thanks for reply guys, Best,

bobd22 Sep 27th 2018 9:03 am

Re: Applying for residencia.
 
Sorry just realised error that is 183 days 1 Jan to 31 Dec

TeamSpirit Oct 4th 2018 5:19 am

Re: Applying for residencia.
 

Originally Posted by Monkey104 (Post 12568198)

Our question is how soon can we apply for residencia and do we need proof of income and medical insurance before we can apply?



Hello, I do wonder who is dealing with registering you for your NIE numbers so that you can even buy the property? I hope you are in good hands? I know it is confusing at first, I was very confused myself. It seems to be a thing here in Spain though, as if a clear explanation of procedures were forbidden!
You need to apply for a NIE number before you can become the legal owner of a property in Spain. You need this number for all manner of official things: bank, health, car, property, etc. This is the very first thing to do.
If you haven't already done this: if you want to be registered in advance you can look online, the Spanish government website allows you to apply for NIE online. I'm not sure if I am allowed to paste a link, but just google "apply NIE online", they have all the info and forms to download in English on their website. Please note that getting a NIE number is not the same as being a resident. Residency is a separate issue and there is no legal requirement for you to become a resident at this point.
Personally (I speak v.g. Spanish however), once we were in Spain, we just went to the special Police dept.to register, called the Extranjería. The local village/town police will be able to tell you where you would need to go for your area. The Extranjería give you a simple form (in Spanish) which you fill out and towards the bottom there's a place to cross "Tourist" NOT resident - that way you will receive a NIE number within a week, which you need for opening a bank account, renting/buying a property, etc., but you are not subject to taxation, so you are officially registered and recognised by the state, but you are not tax-registered. I don't know if the online version offers this alternative. I imagine so, as people sometimes just need a NIE number to buy a property although they live in another country. I seem to recall reading that the Govt has just made changes to make this process easier.
If I remember correctly, to apply for a tourist NIE you just need a passport and a local address and a EHIC card. We had rented a house for 6 months and provided a copy of the contract. Have a look what the Govt. website says they require for a Tourist NIE, not residency.
Regarding healthcare: as long as you are registered as a tourist, your UK version of the EHIC card (don't know how it's done in the UK these days) is your proof of health care. If you were to need health care, you show the doctor/hospital this card. Some things you still may have to pay for though, like X-rays. However, it's usually not too expensive. Dental procedures are not covered, you have to pay that yourself, even when you do have Spanish health care. I think you are then just covered for a basic check-up.
We stayed registered as tourists for several years, coming and going until we came to live here permanently, and then we just went to the Extranjería again and said we're here for good now. This means you are going to spend more than 183 days in the country. This is when they then want to see that you have enough income, a rental contract, etc. as the address you give becomes your fiscal address. It is VERY important to make sure post can get to that address or you should have post from Hacienda (tax office) redirected to a gestor (a kind of accountant) so you don't miss out on payment demands and end up paying fines! They know about this.
The base level income requirement per person is the minimum income p.a. as stipulated by the Spanish government and is published in the internet, or a gestor will be able to tell you what the present figure is. I seem to remember it was under 10K p/p and p/a, but it may have changed, so do get someone to help you!
Once you are a resident, then you go with your NIE to the local town hall to register for "empadronamiento", which is a local register and means the town will receive more money to provide you with services like street lights, rubbish removal, etc., and you get free library access.
With your NIE card, contract, proof of empadronamiento, you then go to the local "Centro de Salud", which is your town's equivalent of your local GP (kind of!). They will register you and give you a Social Security type number which means you are entitled to Spanish health care. You then go to that Centro de Salud if you are ill.

My tip: if you do decide to do everything yourself, make copious amounts of photocopies as everyone seems to want copies. I must also say that in my experience, your luck, and "the rules", are very dependent upon who you meet in these places.
Wishing you the best of luck!

snikpoh Oct 4th 2018 9:24 pm

Re: Applying for residencia.
 

Originally Posted by TeamSpirit (Post 12572910)
If you haven't already done this: if you want to be registered in advance you can look online, the Spanish government website allows you to apply for NIE online. You can only make an appointment online. You MUST get your NIE in person

If I remember correctly, to apply for a tourist NIE there is no such thing - it's just an NIE you just need a passport and a local address and a EHIC card this is NOT required for an NIE. We had rented a house for 6 months and provided a copy of the contract.

We stayed registered as tourists for several years, coming and going until we came to live here permanently, and then we just went to the Extranjería again and said we're here for good now. This means you are going to spend more than 183 days in the country this is for tax residency. If you are here for more than 90 days at one time (and intend staying longer) then you must sign on the list of foreigners aka become resident.

Once you are a resident, then you go with your NIE to the local town hall to register for "empadronamiento" in some areas you need padron first, which is a local register and means the town will receive more money to provide you with services like street lights, rubbish removal, etc., and you get free library access.

With your NIE card no such thing. You mean 'residency card, contract, proof of empadronamiento, you then go to the local "Centro de Salud", which is your town's equivalent of your local GP (kind of!). They will register you and give you a Social Security type number which means you are entitled to Spanish health care. You then go to that Centro de Salud if you are ill. This is not true. It's usually via the INSS (social security office) but many still require private health insurance or an S1

Comments in line

lurchio Oct 4th 2018 11:18 pm

Re: Applying for residencia.
 

Originally Posted by snikpoh (Post 12573233)
Comments in line

I am really looking forward to the reply. I have never seen such dubious guidelines.

TeamSpirit Oct 5th 2018 2:54 am

Re: Applying for residencia.
 
Snikpoh, I think your response makes it all the more evident for the OP, and any other poor people trying to understand what to do, just how difficult it is to know exactly which procedure to follow as they differ so much from one area to another.

I have in your opinion evidently wasted my time trying to recount my experience, which is all I can offer as I'm not a professional in any of the fields involved, something I believe forum members generally are not - otherwise we'd not be here!!

The discrepancies from one area to another are also an important reason leading me to strongly recommended the OP to get proper professional help locally.

I asked the OP to check himself what the Govt website says as I haven't time to read it and although I haven't the time to counter all your comments either, I can say that mine is a true account of my experience, and the fact that it is done differently where you live doesn't make my experience (Seville) untrue. I'm still a spring chicken and far from losing my faculties.

There most certainly is such a thing as a tourist version of NIE, exactly as I explained it, and which was my valid status for several years. The number stays the same, but not the status. I did have to show my EHIC card to get it, etc, etc.

You are however correct that I referred to a NIE card when the ID-card is actually called a "tarjeta de residencia", whilst you only receive a stamped paper from the Extranjería police if you apply for a NIE as a tourist first. Most Spanish people ask me in Spanish for my "tarjeta de NIE" because they call their own ID "tarjeta DNI", so I've been used to thinking of it in this way, hence the wrong description.

1sexsmith Oct 5th 2018 4:03 am

Re: Applying for residencia.
 
The problem is that people are talking about things that were never originally written or conceived in English. What is a tourist NIE for instance?The official forms and papers for all these things are in spanish. The people in these offices work in Spanish and refer to Spanish documents and procedures. Every time someone tries to translate something a little bit is lost hence all the perceived misunderstandings and differences. If you don't speak Spanish just go to an assessor or lawyer who does and let them arrange everything for you.

TeamSpirit Oct 5th 2018 4:36 am

Re: Applying for residencia.
 
This is so true, I couldn't figure out what people were writing about or how to apply things when I first arrived because of the "implicit but unspoken" within these forums, as I now realise, meaning all the bits and pieces of knowledge and experience already gathered whilst living here, and which are no longer perceived as needing explicit explanation. But a complete newcomer isn't able to automatically piece those jigsaw pieces together. I'm afraid the Spanish philosopher Ortega y Gasset seems to have a point after all with his idea that verbal exchanges cause more confusion!
Okay, have to get hubby's tea now or Ortega y Gasset is going to be right again.

EsuriJohn Oct 5th 2018 5:11 am

Re: Applying for residencia.
 

Originally Posted by TeamSpirit (Post 12573433)
This is so true, I couldn't figure out what people were writing about or how to apply things when I first arrived because of the "implicit but unspoken" within these forums, as I now realise, meaning all the bits and pieces of knowledge and experience already gathered whilst living here, and which are no longer perceived as needing explicit explanation. But a complete newcomer isn't able to automatically piece those jigsaw pieces together. I'm afraid the Spanish philosopher Ortega y Gasset seems to have a point after all with his idea that verbal exchanges cause more confusion!
Okay, have to get hubby's tea now or Ortega y Gasset is going to be right again.

An additional point to understand is that the law in this area is constantly evolving so any advice from more than 5yrs ago has to be treated with great caution. Added to that is the fact that the further fro Madrid and the more remote the area the chances are that the local functionary will be apply outdated rules with their personal twist. This is why great arguments arise exactly what the requirements are for medical care for instance.

TeamSpirit Oct 5th 2018 6:22 am

Re: Applying for residencia.
 
Hello EsuriJohn, I see you have a symbol like the NO-DO of Seville - is that a coincidence? I think you have a very valid point about the rapidly changing laws too, and actually probably valid for most areas of life where you might have to do with your local town hall or other such places. Talk about a personal twist: I remember our astonishment when we went to ask the local "arquitecto técnico" of a certain village to explain to us how to understand building permission in practise in the surrounding countryside. He then proceeded to tell us, as cool as a cucumber, exactly how to buy a local plot and build illegally in such a way that he would then certify it as legal after 5 years. We could see he really meant well, but we just couldn't conceive taking that route!

EsuriJohn Oct 5th 2018 6:42 am

Re: Applying for residencia.
 
NO-DO or No-ma-ha-DO the central symbol is a skein of wool. It was awarded to Sevilla by King Alphonso for the city standing by him. It or she did not let me down.

Fred James Oct 5th 2018 7:31 am

Re: Applying for residencia.
 
Sorry, Teamspirit, the laws do not change regularly, in fact they change very infrequently and all the changes are amazingly well documented. Many of the laws are based on EU law and that changes even more slowly. What can change is the interpretation and implementation of them by the various functionaries who deal with them who have clearly not been properly trained about the changes.

The other major problem is that there are so many different versions on the Internet of what people think they are, often based on bar talk from uninformed people.

On this forum there are many experienced members who do have a good understanding of exactly what the laws are and hopefully jump on any comment or opinions that do not agree with reality. That way we can hopefully be the source of the best information as to really what the law is, but obviously taking into account the experiences of other members who have been though (an often ) conflicting process.




TeamSpirit Oct 5th 2018 10:33 am

Re: Applying for residencia.
 
EsuriJohn, that's very interesting, I'll read up on it, thank you.

TeamSpirit Oct 5th 2018 11:08 am

Re: Applying for residencia.
 
I stand corrected then, Fred. I based my comment upon information I have read which stated that a lot of reforms, especially regarding tax/financial issues, make it very difficult to keep up as a lay person, but it seems that I have naively followed the advice of a dodgy website.
I'm sure it can't be easy trying to monitor forum content regarding a place where laws are so freely interpreted as is the case here in Spain.

Fred James Oct 5th 2018 7:04 pm

Re: Applying for residencia.
 
The tax rules do change frequently, as they do in most countries. The same applies to other financial rules such as IVA, fuel taxes etc. That is because these are not generally covered by EU laws and are decided (within limits) by individual member states. Things like residency rules are governed by EU directives. The current residency law was issued in 2007 and there has been one minor update since.

spainrico Oct 9th 2018 1:52 am

Re: Applying for residencia.
 
Lots of good useful information here ¡Residencia! All your questions answered | Healthcare in Spain


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