tortis

Now I think I understand that there is two documents the NIF and the NIE, we only have the NIEs, since we are here for good, do we have to change them for the NIFs?

snikpoh

No - please read post #8


For us (as foreigners), a NIF and NIE are identical. You apply for an NIE only.

There is a separate document to sign on the list of foreigners (green A4 sheet or credit-card ).


You need to get the 'residencia' - the A4 green sheet/card as mentioned in post #8 if you are in Spain for more than 90 days.

tortis

Thank you all for your help!!!!!!

Bigmomma1

Ooh heck ! Here we go again, confused or what !! We have an NIE number, obtained on our behalf by our Spanish Lawyers. They informed us that we are able to reside in Spain as 'Temporary Residents' for 183 days in any one Calander year, this does not have to be consecutive days. There was never any mention of having to declare 'residencia' if we stayed for longer than 90 days, perhaps I need to go back to them and seek further clarification as I do not want to do anything illegal.

snikpoh

as per the other thread on a similar topic.

90 days or more in one lump = obliged to sign on the list of foreigners (aka get 'residencia')

183 days or more in one calendar year (not necessarily in one lump) = tax resident in Spain


There is really no concept of temporarily resident or permanently resident. You are either resident here or not and must follow the rules above.

Bigmomma1

Thank you

tortis

Well, well, so we have to sign to be considered residents, can anybody tell me where?????
Txs

Fred James

The law says that if you stay in Spain for more than 90 consecutive days you must register with the national police to be allowed to stay any longer. You are entered onto the register of EU foreigners who have the right to stay in Spain for more than 90 days. This, in no way, makes you a resident - it merely gives you the right to stay.

You will also have to prove that you have sufficient financial resources and have health cover, either with private health insurance, or if a UK state pensioner, entitled to reciprocal health care in Spain (that does not include the EHIC card).

After 183 days, not necessarily consecutive, in one calendar year, you become classed as a fiscal resident and have to pay Spanish income tax. That is the closest you will get to being a legal resident - signing on the register does not confer residency status, merely the right to stay.

It may seem odd that when the question of free movement within the EU is constantly being discussed, that you are having to go through this process. The reason is that although you have the right of free movement within the EU you do not have the right to remain in one country for more than 90 days.

This is an EU law, not some odd Spanish law. It applies in all EU countries, including the UK, but each country can decide whether it wishes to implement compulsory registration and proof of resources. The UK chooses not to do so, but Spain does.

Needless to say, this can give rise to many anomalies. Many people spend each winter in Spain. In theory they should register after 90 days and de-register when they leave. Clearly that would create an admin backlog (it's bad enough as it is!) so most temporary visitors just ignore the law and I am not aware that anyone has ever had any problems with that.

If you really do intend to live permanently in Spain, then proof of being on the register will be required as part of other registrations, so the sooner you do it after arriving, with the intent to remain, the better.