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DRIVING LICENCE MADNESS

DRIVING LICENCE MADNESS

Old Jan 17th 2010, 4:06 pm
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Default DRIVING LICENCE MADNESS

Has anybody else ever come across this problem. I want to change my Uk driving licence for a Spanish one I have been told by Spain that I cannot do this.

This reason is because I learnt to drive in the UK and during this time came and purchased a house in Spain. At this time we were advised to get our residencia as we would be coming to live in Spain shortly after and wanted to get the children registered in school.

Went back to the UK and arranged our move to Spain. At this time I also passed my UK driving test.

Now I want to do the right thing and change my UK driving licence for a Spanish one but the spanish authorities say NO, NO, (have tried a couple of times)

The reason they say is because I passed my driving test in the UK after I applied for my residencia.

They have told me if you are registered as a resident in Spain you are not allowed to pass your driving test in another country and then change it for a Spanish one.

They have now told me the only way I can every have a Spanish licence is if I take a driving test in Spain. I dont want to do this as it is very, very expensive to do (I know as my daughter is currently learning to drive in Spain)

Also why should I have to do this when I already have a valid driving licence.

I know I could lie to the UK authorities when the time comes to renew my licence but dont want to do this. But it seems this is my only option or learn to drive again in Spain.

Any helpful advice please
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Old Jan 17th 2010, 4:28 pm
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Default Re: DRIVING LICENCE MADNESS

They may have a point but I can't say I have come across this before.

Did you try to do the exchange yourself?

If you did, it might be worth using a good local Gestor to do it for you as they can usually sort out these little issues with their contacts in Trafico.

Another option might be to get your dog to eat the licence and then apply to the DVLA for a certificate of entitlement to drive and use that to get a Spanish licence - they may not notice the dates of your residencia the next time.

If that fails, you should be able to get the licence details registered with Trafico on their driver database.

Last edited by Fred James; Jan 17th 2010 at 4:33 pm.
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Old Jan 17th 2010, 4:34 pm
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Default Re: DRIVING LICENCE MADNESS

Originally Posted by rainbows end View Post
Also why should I have to do this when I already have a valid driving licence.

I know I could lie to the UK authorities when the time comes to renew my licence but dont want to do this. But it seems this is my only option or learn to drive again in Spain.

Any helpful advice please
Unfortunately, what the Spanish say is quite right. I would also be concerned that your UK licence may be invalid as at the time you obtained it you had declared that you were a Spanish resident and, therefore, not a UK resident which is presumably a requirement of getting a UK licence. Probably more or less what the Spanish are inferring - as a Spanish resident you cannot just nip off and get another country's licence and swap it for one of theirs! Not much help, I know but you should probably take the Spanish test.
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Old Jan 17th 2010, 4:48 pm
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Default Re: DRIVING LICENCE MADNESS

Originally Posted by shaggymon View Post
I would also be concerned that your UK licence may be invalid as at the time you obtained it you had declared that you were a Spanish resident and, therefore, not a UK resident which is presumably a requirement of getting a UK licence. .
That a pretty grey area under these circumstances. Just applying for a residencia or the new certificate doesn't necessarily make you non UK resident, especially in the eyes of the UK.

About the only clearly defined way of judging residency is by tax residency which is clearly defined and even then you can be resident in the UK and Spain at the same time because of slight differences in the rules.

It's certainly a tricky one, but as I said earlier, I would try getting a gestor to tackle it.
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Old Jan 17th 2010, 8:22 pm
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Default Re: DRIVING LICENCE MADNESS

Originally Posted by Fred James View Post
That a pretty grey area under these circumstances. Just applying for a residencia or the new certificate doesn't necessarily make you non UK resident, especially in the eyes of the UK.

About the only clearly defined way of judging residency is by tax residency which is clearly defined and even then you can be resident in the UK and Spain at the same time because of slight differences in the rules.

It's certainly a tricky one, but as I said earlier, I would try getting a gestor to tackle it.
Sorry fred, don't want to hijack the thread but this is pretty key to some of us.... haven't seen it specifically said in those words. What does it mean?
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Old Jan 18th 2010, 10:50 am
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Default Re: DRIVING LICENCE MADNESS

I understood you no longer have to change your license if you still have a valid UK address???
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Old Jan 18th 2010, 10:52 am
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Default Re: DRIVING LICENCE MADNESS

Originally Posted by Rotor View Post
I understood you no longer have to change your license if you still have a valid UK address???
No, thats not the case ... read the other thread on this subject currently
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Old Jan 18th 2010, 12:17 pm
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Default Re: DRIVING LICENCE MADNESS

Originally Posted by fionamw View Post
Sorry fred, don't want to hijack the thread but this is pretty key to some of us.... haven't seen it specifically said in those words. What does it mean?
You can be tax resident in both the UK and Spain because they each use different criteria.

In Spain you become tax resident after spending a total of 183 days or more in one calendar year.

In the UK they may deem you tax resident after only 90 days and that now includes the days of travel.

Under the usual tax conventions you will not pay tax on the same income twice and under these circumstances you would reclaim any UK tax paid from your Spanish tax.

The UK has an extraordinary number of different types of residency which I won't go into here.

You can read all about it at http://www.hmrc.gov.uk/pdfs/ir20.pdf

If you want to discuss it further, unless it is specifically relevant to the current topic, you could start another thread.
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Old Jan 18th 2010, 3:50 pm
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Default Re: DRIVING LICENCE MADNESS

Originally Posted by Fred James View Post
Another option might be to get your dog to eat the licence and then apply to the DVLA for a certificate of entitlement to drive and use that to get a Spanish licence - they may not notice the dates of your residencia the next time.
I didn't think you could swap your licence for a Spanish one using a certificate of entitlement to drive. In fact I am pretty sure you can't (in Malaga at any rate).
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Old Jan 18th 2010, 4:05 pm
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Default Re: DRIVING LICENCE MADNESS

Originally Posted by Fred James View Post
They may have a point but I can't say I have come across this before.

Did you try to do the exchange yourself?

If you did, it might be worth using a good local Gestor to do it for you as they can usually sort out these little issues with their contacts in Trafico.

Another option might be to get your dog to eat the licence and then apply to the DVLA for a certificate of entitlement to drive and use that to get a Spanish licence - they may not notice the dates of your residencia the next time.

If that fails, you should be able to get the licence details registered with Trafico on their driver database.

I tried to do it myself the first time. The second time I used a company who are experts in this field with very good contacts in traffico still no luck.

They were very thorough checking the dates of the residencia on both ocasions and I would think if my licence was taken in for a third time they would certainly remember.

Many thanks for the help everybody.
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Old Jan 18th 2010, 4:18 pm
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Default Re: DRIVING LICENCE MADNESS

Originally Posted by Advoco View Post
I didn't think you could swap your licence for a Spanish one using a certificate of entitlement to drive. In fact I am pretty sure you can't (in Malaga at any rate).
Well I haven't done it myself but Mitzboy, on the other licence thread quoted the blurb from the DVLA which suggests that you can.

It is also stated in Brian Deller's "bible" that you can.

http://www.spainvia.com/MotoupdateSEPT2008.htm

It could be that Trafico are just being awkward (heaven forbid) - they have often refused to exchange a licence because it is no longer a requirement to do so.
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Old Jan 18th 2010, 5:33 pm
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Default Re: DRIVING LICENCE MADNESS

Rainbowsend

I don't see why you could not renounce your residency in Spain. Then re apply for it. That way you have passed the test before it was issued.

Suggest you ask a gestor what would happen in such a case.

Just a thought.
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Old Jan 18th 2010, 8:31 pm
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Default Re: DRIVING LICENCE MADNESS

Originally Posted by johncar61 View Post
Rainbowsend

I don't see why you could not renounce your residency in Spain. Then re apply for it. That way you have passed the test before it was issued.

Suggest you ask a gestor what would happen in such a case.

Just a thought.
I actually had the problem using a German licence in the UK. Had to get a solicitor involved to sort it out as the police didnt know and the DVLA had a different answer every time the coppers spoke to them!
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