Gabrielle 820

Hi
Firstly I didnt vdidn't leave.
I have lived here for 14 years. I have private health cover and do not claim benefits here. I pay my rates taxes etc.
I'm a non resident and have been travelling from uk to spain during the year. However now I am stuck, I cannot leave my house for 6 months a year as I have animals! And the fees to house them are ridiculous.
And cannot afford to live in the UK for 6 months as they want you to. its so expensive and the logistics to this is a nightmare.
I take nothing from Spain in fact i add to their economy.
I now don't have as much savings as the residency wants and so applying for residency is useless. Should I apply anyway?
What do people in my situation do now?

Also the 90 days in 180. Do you have to go back for 3 months continually? Or can you spread the 90 days as you want in the 180?
I have read several things about this and none are consistently the same.
I would appreciate the advice.
Thanks

missile

You have left it a bit late, but no harm in trying.

Barriej

Hi.
Can I ask nicely why you didn't bother to become a legal resident over the last 14 years?

In your situation now you have Im afraid only 2 options.
1. Continue as is and don't try to go back to the Uk because you may not get let back in.
2. Apply for residency very very quickly as you can prove that you were here before 31st December. I would find a solicitor or Gestor with some urgency LIKE MONDAY...

Option 2 is the ONLY way to go, you don't say where in Spain you are but in Alicante you will need to show around 9000 euros in your account or a regular income to the amount.
You have healthcare and you can use this to prove you were here and you must have bills etc.

DONT DELAY.

Gabrielle 820

Hi
Just didn't get round to it, didn't think it would be a problem.. very silly idea and regret it now.

Any ideas about the 90/ 180 days?

So does my 180 days start when I go to the UK and come back to spain? ( if they let me).
I been here since October.

missile

You have already overstayed and might get a black mark when you leave(?)

Your 90 days starts as and when you enter Spain or a.n.other EU country.

Gabrielle 820

Thanks for the advice. Will try for residency here as soon as I can speak to someone.
Not sure of the process, I live in Gandia.
My Spanish is not good enough for forms etc.

I feel for those who have lived their retirement here just to be told now you can't unless you meet this criteria.

Barriej

You don't need Spanish just get along to a Gestor or solicitor and they will do the submission for you.
As you will (hopefully) be applying under WA terms the system is the same as the one I and many others went through late last year.

Provide all documents needed (talk to the Gestor) they then submit online and if all is well you will get confirmation in about a month, then its just wait for the appointment for fingerprints and then go get the TIE.

If you don't bother. You can only stay in Spain (or any other EU country) for 90 days out of any 180.
So 1st Jan to 31st March = 90 days. then you have to leave and stay away for 90 days. So earliest you could come back would be 30th June.
Or you can spend a month here, month in the Uk ETC.

Quite simple really.

Do you drive?

If you become resident you will have to take a driving test because your Uk licence will no longer be accepted here.

Barriej

Sorry don't get this comment.

Its not as if the loss of the freedom of movement has not been published anywhere. Brexit happened over 4 years ago (well the vote anyway)
Basically you and anyone else living anywhere 'under the radar' are doing so illegally.

Rosemary

Sensible retirees were living here legally registered so will not be affected and can continue to live here without a problem. Anyone who has failed to gain residency are not to be pitied as they have had plenty of time to become legal.

I can provide the name of a good gestor based in Gandia if you decide to gain advice.

Rosemary

Notdunroamin

In practice for people who were (are) here illegally 180 days effectively started on Jan 1st. so you have until the end of March to leave or face sanctions for overstaying which can range from a fine to a barring of re-entry for anything from 6 months to 3 years. You will then have to remain away for 90 days or apply in UK for a visa which, if you cannot meet the new income requirement (approx €31,000 for an individual), you will not get.

It's not Spain's problem if you can't afford to live in UK.

By all means have a go at getting residency under the WA but I wouldn't pin too many hopes on success, it looks to me that you're going to be paying a very high price for your complacency and inertia.

Gabrielle 820

Firstly I came on this forum to get advice, and for the most part I have been given advice.
I find it astounding that people think free speech is a ticket to be mean and judgemental. You do not know me so do not presume to think you do.
Obviously some people have nothing better to do with their lives than to judge others! I hope their mirrors are big enough to see their true selves.

Fred James

No one is being mean or judgemental, just being realistic. You have chosen to spend 14 years as an illegal immigrant in Spain and have had 14 years to rectify that situation. You are now whingeing about your self inflicted situation and you wonder why law abiding legal immigrants are telling you what they think.

Just go back to the UK and live off their benefit system.

bobd22

I don't understand why since 2016 when it became known the rules would change for UK citizens you didn't legalise your position in Spain by becoming resident? It may be that you believed the UK would somehow change its mind? I think even if that was the case the fact that wouldn't happen became clear over 12 months ago allowing you time even with covid to sort out residency. You say you have paid your taxes to Spain but I am presuming that would be non resident tax when you were in fact living in Spain permanent apart from brief holidays away from Spain? So what Fred says seems to sum up the situation you find yourself in. I'm afraid there isn't a simple way of now turning back the clock. You may if lucky get somewhere with legal advise if you can prove you were living in spain pre 31 December, but the problem then is under the WA that is legally living. If resident in that time you should have been paying full tax not non resident tax. I fear even with legal advise you are going to open a can of worms.

bob_bob

Crikey, the OP has had four years to sort things out, nobody's fault but his that he has to obey the new rules.

spainrico

Totally agree - there has been sufficient information, publicity and advise published (in English) for everyone to have sorted out their affairs. Sorry, no sympathy.