Tronny

Hello, I’m seeking advice, please. I'm looking to move to Spain for one week out of each calendar month whilst still being employed full-time in the UK (working remotely whilst in Spain). I’d like to apply for residency. I have property, NIE and Spanish health insurance. My question is would my UK work contract be enough to fulfill the residency requirements? I also have a joint Spanish bank account with my partner. Just want to be sure I meet all criteria. Thanks in advance, any help appreciated

BritInParis

Which passport(s) do you and your partner hold?

Tronny

Uk Passports

spainrico

One week a month does not qualify you.

BritInParis

One week out of four you could do as a visitor post-Brexit. Whether working remotely would be permitted I cannot say.

snikpoh

You would clearly NOT be resident (living in your main home) whilst in Spain so - No.

newpower

You wouldn't have to say your only here one week a month, and you would only need to get residency if you planned on living full time in the future.

Tronny

The plan is to move to my property in Spain full-time in the future. With all the uncertainty over Brexit, I thought it best to apply now, before the end of March. I really just wanted to check on the "contract" situation ie do I need a Spanish work contract or will my UK work Contract suffice as evidence, as I've not found any information on this and was hoping someone may have had a similar experience?

BritInParis

Unless you’re living in Spain full time now then you cannot register as a resident.

bobd22

Hi I understand that you are trying to safeguard your posution before Brexit for the post Brexit era. However to obtain residencia you really need to intend staying in Spain for a period in excess of 90 days which you don't. There is not a requirement to live here full time just in excess of 90 days. They may query tax residency but if not in Spain 183 in the year Jan/Jan that wouldn't apply. If you did obtain it on your basis would anyone check your days here? I doubt it. However if Spain follows the UK guidelines it is applying to EU citizens in UK for settled status then it would come up that in fact you have not been physically resident in Spain for more than one week every month. Bit of a catch 2 situation

Patrick2976

Your starter for 10 in terms of Spanish tax residency is the 183 day rule. Then there is your 'centre of vital interests' - Main home, family, business etc. It would appear you do not fulfill these requirements. Then there are the UK residency rules to consider (although I appreciate your concerns and reasons for asking). If you are really set on moving to Spain I would suggest trying to spend more time here than planned - if possible.

Tronny

Hi bobd22. Thanks for your message. Sorry, to be clear, I will be here for longer than 90 days but less than 180. Id say realistically about 120 days a year.

spainrico

On that basis, Spain would not be your primary residence.

bobd22

Hi Tronny,I understand what and why you are doing but reality is the 2 rules as have been mentioned, 90 Day rule is to stay over 90 days in one stay? and the 183 Day rule whereby basically if in Spain over 183 days accumulated in any year 1 Jan to 31 Dec one becomes tax resident, there are other issues re tax residency as has been explained in replies. There is nothing to stop you applying for residencia ASAP but with health care etc it could be costly and after Brexit Residencia no doubt will be replaced with something else similar to what is happening with EU residents which are in the UK calling it settled status proving that you have been legally resident for x amount of time. If one applies now in Spain for permanent residency having been resident for over 5 years they are being asked for proof of tax declaration in that time ! No one really knows what the final outcome will be with Brexit.

Fred James

My advice would be to sign on the register of foreigners under the 90 day rule. As you have Spanish health insurance that should not be a problem. If accepted, it does not commit you to anything, it is merely a declaration of your right to remain for over 90 days. It has nothing to do with tax residency, but if you want to make sure that you have a stake in the (Spanish) ground prior to March 29th then that is the best way to do it. You have nothing to lose!