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-   -   Huevla query (https://britishexpats.com/forum/spain-75/huevla-query-845358/)

Dondurma Oct 18th 2014 2:41 am

Huevla query
 
Hi

Have asked this on another Spain forum so thought I would also ask here

Just a quicky.

Continuing my research into various areas to consider for property in Spain we have been looking at the Huelva area.

For us Faro would be the ideal airport for going there but it then struck me this could raise a problem.

I have been told wisely on here for Residency/ time spent in Spain issues- it's very prudent to keep hold of flight tickets etc. However with my local airport being in Portugal how would I be able to show officially the amount of time I have been in Spain??

Any ideas /answers very welcome

stuboy Oct 18th 2014 4:20 am

Re: Huevla query
 
I'm presuming you want to be able to prove that you weren't in Spain for more than the permitted time.

angiescarr Oct 18th 2014 5:07 am

Re: Huevla query
 

Originally Posted by Dondurma (Post 11442395)
Hi

Have asked this on another Spain forum so thought I would also ask here

Just a quicky.

Continuing my research into various areas to consider for property in Spain we have been looking at the Huelva area.

For us Faro would be the ideal airport for going there but it then struck me this could raise a problem.

I have been told wisely on here for Residency/ time spent in Spain issues- it's very prudent to keep hold of flight tickets etc. However with my local airport being in Portugal how would I be able to show officially the amount of time I have been in Spain??

Any ideas /answers very welcome

Easy. Show the receipts for the tolls for the drive into Spain showing the dates. This proves the distance you travelled/wanted to travel. If they didn't believe you they could ask for CCTV footage. But chances are they'd believe you.
If you don't go by car the bus tickets would do. If they give you any grief drop in at the border police every time you leave Spain.

Dondurma Oct 18th 2014 8:14 am

Re: Huevla query
 
Thanks Angie- good thinking

Stuboy-- yes. I am learning from reading these forums that the onus will be on us to show we are not over stayers

stuboy Oct 18th 2014 12:17 pm

Re: Huevla query
 

Originally Posted by Dondurma (Post 11442622)
Thanks Angie- good thinking

Stuboy-- yes. I am learning from reading these forums that the onus will be on us to show we are not over stayers

There are numerous things you can do as well as those suggested by angiescar.

You can keep receipts from the UK. You can buy a coffee at Gatwick or wherever and keep the receipt. Any receipts charged to your credit card will generally do. The more you have the less anyone will challenge you.

And if for any reason you are challenged the burden of proof lies with Spanish Authorities.

Don't worry unnecessarily.

EsuriJohn Oct 18th 2014 9:18 pm

Re: Huevla query
 

Originally Posted by stuboy (Post 11442814)
There are numerous things you can do as well as those suggested by angiescar.

You can keep receipts from the UK. You can buy a coffee at Gatwick or wherever and keep the receipt. Any receipts charged to your credit card will generally do. The more you have the less anyone will challenge you.

And if for any reason you are challenged the burden of proof lies with Spanish Authorities.

Don't worry unnecessarily.

There have been lots of posts on various fora about how you prove the 183 day compliance. What is most striking is that nobody but nobody has posted to say that they have been asked to prove that they have indeed over or under stayed.

I think it is a panic without a cause. The authorities have many ways to chase you if they felt the need such as utility consumption, CCTV footage, border controls etc. there is close cooperation between the Spanish National police and the Portuguese police/border force. They run a joint headquarters at the Guardiana border crossing which is surrounded by APNR cameras. They know when we shop in Portugal and which days of the week we take lunch at Luis's. I am sure they will be online to Faro airport and can get whatever info they need instantly.

Dondurma Oct 18th 2014 9:30 pm

Re: Huevla query
 
Good post Esuri.

I probably am being over cautious.

I used to reside in Turkey where overstay was a VERY serious matter with obligatory arrest at airport with fine/ ban as well.

I need to get my head around the EU aspect of Spain as opposed to Turkey. Thanks for your info.

EsuriJohn Oct 18th 2014 10:57 pm

Re: Huevla query
 

Originally Posted by Dondurma (Post 11443075)
Good post Esuri.

I probably am being over caution.

I need to get my head around the EU aspect of Spain as opposed to Turkey. Thanks for your info.

You are indeed,if you are a citizen of an EU EEA country the only result of overstaying the 183 days is that you automatically become tax resident in Spain. Depending on your circumstances that may or may not be a bad thing. There are literally tens of thousands of EU citizens who live below the radar and remain tax resident in their home country whilst living in Spain most of the year. Those people do not bother with the 90 day Certificate of Residencia either and apart from the cost implication of being found out to have been tax resident with the back tax and fines there is little the authorities can do about them under the free movement laws of the EU.

Dondurma Oct 18th 2014 11:05 pm

Re: Huevla query
 
Thanks for that Esuri. With only a small occ pension taxed at source in the UK hopefully I wouldn't fall foul of serious tax fines for my stays in Spain. I appreciate your help


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