Legal Timing

Old Jan 30th 2018, 2:20 pm
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Default Legal Timing

Hi Again
just trying to work out legal times we could stay in Spain. Seen something about 90 days? and 183 days?
what happens after 90 and 183 days we have read it but just want to be clear
If we went home after 182 Days how long till were allowed back into Spain.
Also if we did do all the legal stuff for the 90 or 183 days. Can we just go back to the UK any time.
At all times we want to keep UK passports.
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Old Jan 30th 2018, 2:25 pm
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Default Re: Legal Timing

OK there has to be rules to 'control' things but they are virtually impossible to enforce but I guess if people come under investigation there could be problems:
For tax purposes - if you spend more than 183 days in one calendar year in Spain you should declare for tax in Spain
For residency purposes - you should register for residencia after 90 continuous days in Spain.
But it all depends on what your real intentions are, ie if you real 'centre of economic interest' is in the UK (main residence, paying tax, registered for healthcare etc) then the above can be worked around. But they in place to deter the scammers
Yes you can retain UK passports and come and go as you please (at present, Brexit may change the rules)

More here
https://www.gov.uk/guidance/living-in-spain#residency

Last edited by spainrico; Jan 30th 2018 at 2:29 pm.
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Old Jan 30th 2018, 2:35 pm
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Default Re: Legal Timing

Starting plan would be come out to Spain say for a year move round renting month here month there till we found the right place to maybe live.
Then go for it and move.
We are not getting any younger and when the time comes and not as fit or well as we would like would go back the UK.
At all times we would want to be above board and legal
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Old Jan 30th 2018, 2:40 pm
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Default Re: Legal Timing

I think this idea might be difficult because of the sheer logistics of moving every month - ie finding and agreeing to monthly rentals. Maybe Airbnb is an option. Or maybe a camper bus? You might be surprised how hard it is to find short term rentals in some areas, especially in the summer season.
Anyway, good luck and yes I think it is wise not to commit until you are sure about an area.
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Old Jan 30th 2018, 2:54 pm
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Default Re: Legal Timing

We had discussed a campervan it may add to the adventure. It is all so another reason to keep paper work in order. As if it where a UK reg one after 183 days been told the police may stop it to check we had all the right papers.
Also we would not necessarily be looking in Spanish tourist areas we like the country side as much as we like the coast.
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Old Jan 30th 2018, 3:00 pm
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Default Re: Legal Timing

If you are here for more than 90 days you are obliged to sign onto the Register of Foreigners with the police. That does not necessarily make you a tax resident. However, with Bexit looming, that would be a sensible thing to do as people registered in Spain at the date of Bexit are almost certain to be classed as having the right of residency and nothing significant should change for them after Brexit.

Of course, to sign on, you would need to prove sufficient income and availability of healthcare, but if you can do that it may be a good option.

After Brexit it could be very different with regard to the ease of getting residency rights, but of course no one really knows what the effect would be.
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Old Jan 30th 2018, 3:15 pm
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Default Re: Legal Timing

We are currently part timers, but next month (for all sorts of reasons) we're going out for a whole year, after which we'll revert to part time. My research suggests it's just not possible for us to be legal for that year. For three months you're there on a tourist visa, after that you should properly apply for residence, with all that that entails. We're just going to take a chance. As Spainrico says, it's difficult for them to check up and I'm not sure anyone would really care anyway.


As for the car/camper, after 6 months it should be properly transferred to Spanish plates. I have no idea what would happen if you should be stopped by the police after 6 months.


Another thought - are either of you on regular medication? Our doctor tells us they can give a 3 month prescription for odd occasions (as we have done for our 3 months' stays so far), but otherwise they can only give regular prescriptions for 2 months max. I was planning anyway on popping back for a few days here and there during the year - now it's going to have to be every 2 months ! Also, in spite of what some websites suggest, your EHIC card is not limited to 3 months, it can be for longer stays just so long as they are not a permanent move. This of course only applies pre-Brexit - which is why we're doing our year so as to be back before March '19 !
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Old Jan 30th 2018, 3:40 pm
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Default Re: Legal Timing

As for the car/camper, if they stop you and think you have been in the country for more than 6 months, they could impound the vehicle. That’s pretty rare especially if it is still street legal in the UK (taxed, MOTd and insured). It’s the ones that have been here for years where the owner is clearly resident that they go for and even then it’s pretty rare. Tráfico now have online access to the DVLA data so it’s easy to spot the obviously illegal ones.

As with the 90 registration issue, if you leave the country for 24 hours the clock is reset, so if you are paranoid about it a quick trip to Portugal or France solves that one - that said, not many are that worried!
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Old Jan 30th 2018, 5:33 pm
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Default Re: Legal Timing

Thanks for the input guys.
Re the campervan. Been told there is a lot of confusion over this issue. If the car camper is road legal (MOT and all that) in the UK then its fine in Spain for a year just needs to go back to UK to keep MOT upto date. The Police know when the car enters Spain so after 6 months. They could pull you up to see if the paper work for the people is up to date if it is not thats when vehicle is impounded and kept till the paper work on the people is up to date.
Its the people they want to check its just the plates on the vehicle are easy give away
But also been told insurance could be an issue on a UK car out the country for more than 90 days. But it can be done.
Could be wrong often am just ask the wife LOL
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Old Jan 30th 2018, 6:06 pm
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Default Re: Legal Timing

Originally Posted by earlyoap View Post
Thanks for the input guys.
Re the campervan. Been told there is a lot of confusion over this issue. If the car camper is road legal (MOT and all that) in the UK then its fine in Spain for a year just needs to go back to UK to keep MOT upto date. The Police know when the car enters Spain so after 6 months. They could pull you up to see if the paper work for the people is up to date if it is not thats when vehicle is impounded and kept till the paper work on the people is up to date.
Its the people they want to check its just the plates on the vehicle are easy give away
But also been told insurance could be an issue on a UK car out the country for more than 90 days. But it can be done.
Could be wrong often am just ask the wife LOL
Saga will Insure a vehicle for up to 12 months in Spain as I'm sure will others. As for the 6 months i.e. 183 days for the vehicle that is because if you are in Spain that long you should be resident and when resident the vehicle should be re registered to Spanish plates. They are the rules but many quite happily ignore them and nothing happens. That of course comes down to personal choice.
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Old Jan 30th 2018, 6:51 pm
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Default Re: Legal Timing

Although some have said on this forum that it is virtually impossible to re-register a RHD campervan in Spain - doors on the wrong side etc etc.

Besides life as a grey nomad in a campervan is not all it's cracked up to be, you might be better off with a caravan or a 5 wheeler.
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Old Jan 30th 2018, 10:32 pm
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Default Re: Legal Timing

Originally Posted by earlyoap View Post
Thanks for the input guys.
Re the campervan. Been told there is a lot of confusion over this issue. If the car camper is road legal (MOT and all that) in the UK then its fine in Spain for a year just needs to go back to UK to keep MOT upto date. The Police know when the car enters Spain so after 6 months. They could pull you up to see if the paper work for the people is up to date if it is not thats when vehicle is impounded and kept till the paper work on the people is up to date.
Its the people they want to check its just the plates on the vehicle are easy give away
But also been told insurance could be an issue on a UK car out the country for more than 90 days. But it can be done.
Could be wrong often am just ask the wife LOL
How do the Police know when the car enters Spain? I've driven into Spain from France, Portugal and Gib and haven't noticed the number plate being recorded.
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Old Jan 31st 2018, 5:19 am
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Default Re: Legal Timing

I was going to ask that as well.

Once, when I kept my car in Spain for a little longer than I was supposed to I had a friend send me some fuel receipts from a different country, in order to 'prove' if necessary I had been out of Spain.
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Old Jan 31st 2018, 6:54 am
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Default Re: Legal Timing

It's actually up to you to prove otherwise - not for them to prove when you arrived.

So, keep ferry tickets, credit card bills etc. which can show where you've been.
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Old Jan 31st 2018, 7:56 am
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Default Re: Legal Timing

Thanks again. With us it may be a bit irrelevant as we would prob go back a few times any way Xmas and some time in summer for a few day.
So I take it the 90 day thing is just a piece of paper saying where here
The 183 day thing is more legal for tax and all that.
We would plan on keeping savings pensions in the UK and just get cash when needed. So would not earn any money in Spain Just spend it.
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