gemscot1

very helpful thanks - this is best solution for me

gemscot1

thanks found it

After 5 years of continuous residence these conditions fall away, although you have to prove that you met them for a 5 year period, and you can then apply for permanent residence status.

Once you have acquired permanent residence, you can be away from your host country for 5 years - an increase on the 2 years permitted for EU citizens - and still retain the right to return and keep your rights of permanent residence. This includes where you have acquired permanent residence before the effective date but are not actually resident in the country on the effective date e.g. because you are on a work posting or studying.

so this would be best solution assuming the application in 5 years time woudl be light touch

gemscot1

actaully found this als0 - so looks fairly straight forward

Applying for a permanent residence document

To get a document certifying your right of permanent residence, you must submit proof that you have been living legally in the country for 5 years.

You need to send different supporting documents with your application, depending on your situation (employed, self-employed, jobseeker, pensioner, student). This could include:

• a valid registration certificate issued when you arrived in the host country
• evidence that you’ve been living in the country, such as utility bills and rental contracts
• evidence such as payslips, bank statements, tax returns that you’ve been working, studying, self-employed, self-sufficient or looking for work

The authorities must issue the permanent residence document as soon as possible and cannot charge you more than nationals pay for their identity cards. If they do not, you can call on our assistance services.

The extract above on documentation to provide is not in line with the EU Directive or the Spanish Royal Decree on eligibility for permanent residence. Though we cannot guarantee what the various offices will ask for, below are the actual extracts from the EU Directive and Spanish Royal Decree.

bobd22

The current residency certificate (greeen card) we get is under review due to brexit. However the rules applying to residency etc have been agreed and set in the withdrawal agreement. Have a look at this previous thread .Latest on Residencia and TIE from Brits in Spain

Joppa

There is a move by EU to come up with a common format ID card for British residents under the withdrawal agreement, so Spain among others is waiting for the outcome. Until then you still get credit card-sized green cardboard registration certificate.

bobd22

Yes exactly however the format is under consideration but the rules/ terms etc have been set and agreed in the withdrawal agreement.

gemscot1

dont suppose anyone know how easy it is to change residency - i.e. if i was to go back to the uk after 5 years when i get permanent residency for 1 year how do i let the tax authority know that i am not a spannish resident and therefore not paying tax and is there any rules about when i need to do this and when i need to leave by - not a big deal as i have years to work it out but wondered if anyone else had done this in the past

Joppa

I'm not an expert by I think you can notify the Spanish tax office (Hacienda) online about your non-residence. A lot of people use an accountant or gestor to do it for them. You then need to notify HMRC about your UK residence.

bobd22

Here's a link to official online form and instructions. It does say at the very end if you don't have a digital signature you can fill the form in by hand at local tax office.
https://www.agenciatributaria.es/AEA...o_fiscal.shtml

gemscot1

thanks this is really useful

Patrick2976

A couple of points to be mindful of though:

1) Annuities in Spain tend to be personally 'bought' investments - unlike annuities in the UK which have usually been bought by pension funds which themselves have had contributions (unless private) from a company as well as the individual AND have had tax relief on the money going in. If the tax authority in Spain really 'look under the hood' of this type of UK annuity they may not be so willing to allow the tax benefits Fred referred to earlier (as you would be getting tax relief going in and tax relief coming out).
2) Although the pension commencement lump sum is taxable in Spain I know of instances where (depending on the amount taken) British expatriates have benefited from paying less tax based on the claim that they are withdrawing part of their original 'capital investment' - in other words proportional tax relief. The acceptance from Hacienda seems to be dependent on which accountant you use, which area you are in and which tax person's desk the papers land on - so to speak.

Lmj2018

Patrick point 1 spot on, many have been caught out on this. Point 2 agreed. It can and does vary.
To me a while to find an accountant who knew what he was talking about and was “streetwise “.
A bit like rules for residency.
some offices ask for so many different things, we used a company that had good relationships with the authorities, simle and straightforward.