lee1lpool

Hi all,

I would be grateful if any of the more experienced expats could give me some advise as to whether I can apply for residency in Spain, permit or anything to be more established in the country. My situation is as follows:

I bought a property outright in Alicante in 2014 as a 3 year project to renovate. So far I`m on target with all my plans. Since 2014 I`ve had a Spanish Sabadel account, pay all my direct debits, water bill, electricity bill,IBI & basura, comunidad. I have my NIE number. All my details are registered at the ayunamiento and la oficina de suma etc.

I still live & work in the UK. However,since 2014 I have been visiting my property in Alicante monthly for 4 days at a time(occasionally for a week or 10 days) to oversee the building work etc. I do plan to leave the UK and live in permanently in Alicante in late 2017 or 2018.

As I have been regularly visiting the country monthly for short stays for 2 years,and actively paying bills, paying IVA on all building work,actively buying building materials from big DIY stores etc etc.

Do I have grounds to make a residency application? I just would like to make my Spanish status stronger due to all the uncertainty around the Brexit.

Thank you,

Lee

spainrico

I agree with you establishing as many rights as possible now might be a good idea but at the moment you do not really qualify.........as you not really living here and your 'centre of economic interest' sounds as if it is still UK.........also when you are resident here you also need to be fiscally resident ie declare for tax here on worldwide income. So I would say no you don't (IMO)

Horlics

No you don't have grounds, you're not here enough. It actually wouldn't change anything. Your residency when you get it will be based on your right to be resident under EU laws, and what happens when those EU laws no longer apply nobody knows.

In your position I would simply stick to my plans and see what happens.

bobd22

I can see where the OP is coming from. Given that there is some talk of those retirees already resident continuing after we leave to keep healthcare rights whilst this that becoming resident after exit may lose those rights? Of course who knows until everything is sorted out and by that time it may be too late for some? My view if that should that be how they deal with the issue it would be very unfair but fairness never comes into play in such matters. However as has been said the OP does not fit the criteria for residency at this time (up until 24 June the conversation was generally the opposite😃). So it is decision time and all a bit of a gamble I suppose, do you gamble on retaining the rights and move full time to spain now while allowed or do you wait until the smoke clears and you can see the wood from the trees? Only the individual can make those decisions and hope for the best. It is all a bit messy in reality.

Loafing Along

One thing you can do to help the process is register at the Town hall so you are on the "padron" . This builds years of entitlement to residence if you renew it then you need to look at whether or not you pass the magic 183 days . If so the Spanish tax Man will be interested in you and your income..

Fred James

I'm not sure I understand what you are saying.

You can only (officially) sign on the Padron if your permanent residence is in that town. It can only be your permanent residence if you spend the majority of your time in Spain in which case you would be tax resident.

That said, various town halls (illegally) encourage holiday home owners to sign on the Padron to increase the subsidies they get from central government.

Loafing Along

Exactly that, nearly all Town halls encourage people, including temporary residents to sign on as it boosts their central government grants. Worth doing even as a Non-resident.

Fred James

Possibly, but don't complain if one day Hacienda ask you for that back tax that residents have to pay and you have not.

You will find that what the town hall thinks and what the tax office thinks can be very different.

There are very few advantages for the individual in signing on the Padron. There can be significant and expensive disadvantages of incorrectly signing onto the Padron

You have a choice. Do you wish to help the mayor get a new Mercedes or do you want to ensure that you do not compromise your non- resident status.

TheLostPhotographer

Plenty of bad information here. I suggest the OP regards all as casual advice.

From the British Embassy website:

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.


https://www.gov.uk/guidance/residenc...ments-in-spain


Essentialy; if you plan to stay in Spain for more than 3 months a year, you HAVE to apply for residency.

As a house owner in Spain you are unlikely to be asked for evidence of income to support yourself (as per changes 2012).

Read more on the link provided.

Fred James

That 3 months is for 90 days consecutively. You could spend 361 days in Spain if you only stayed for 89 days at a time.

Technically, you would then be tax resident but still not required to register.

snikpoh

.... this is also untrue. You still need to prove income and health care.


Maybe different offices interpret the rules differently but it's certainly more common to have to prove income than not (IME).

Fred James

It is certainly possible to use your house as proof of the ability to support yourself. I know of one couple who just produced their escritura.

The changes made in 2012 allow this, including the posession of adequate credit on a credit card.

Google translation of the relevant bit of the law.

Accreditation of possession of sufficient resources, whether by regular income, including income from work or other, or from holding assets shall be carried out by any evidence allowed by law, such as titles, certified checks , supporting documentation for obtaining capital income or credit cards, bringing in the latter case an updated bank certificate stating the amount of credit available on the card said.

snikpoh

Agree that some funcionarios might allow it - but not around here! Went with deeds recently with a couple but this was dismissed and they needed to prove 600 per month AND 6000 savings. Their salary into a UK bank was not accepted!

TheLostPhotographer

Spain. Very flexible at times. That felixibilty can work for you, or it can work against you. Not sure how any of us here feel qualified to go against the advice given by the British Embassy, but 'off the record' I would say; take your time. Move over here first get some local feedback, connections etc.

On the other hand, in the current political climate, perhaps a pre-emptive application would be better. Plenty of time to deal with 'manaña syndrome'. The OP states they intend to stay here for more than 3 months a year in the future. I can't see anything anywhere that states you can't do the application for residency well in advance.

Residency is not Citizenship. Apologies for pointing this out, but I meet many people who seem to confuse the Two. By becomming resident you are effectively giving over certain rights. This can be a nightmare especially when there are legal questions about property ownership for example. Sometimes it is not the best option.

Different areas in Spain will almost certainly follow different guidelines. Alicante is relatively wealthy and experienced with foreign individuals investing in property for retirement. I doubt very much if there is any reason why the OP can't make an 'annonymous' call to ayuntamiento and enquire in English.

Fred James

As always in Spain, they invent the rules as they go. If you have fluent Spanish (which 99% of applicants do not) it would be interesting to stuff the relevant page of the law under their noses and see what happen!

They would probably hit you over the head with the mythical stapler!