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Non resident in Spain

Non resident in Spain

Old Feb 22nd 2021, 12:55 pm
  #31  
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Default Re: Non resident in Spain

It will be impossible for illegals to leave Spain after the end of March without real problems. When you leave, your passport will be checked and stamped, but if you do not have residency, you will have overstayed the 90 days and the passport may be stamped to that effect which would make it almost impossible to re-enter in future.
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Old Feb 22nd 2021, 3:56 pm
  #32  
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Default Re: Non resident in Spain

I’m still surprised with the amount of people I’ve spoken to that have the argument of “Well I was able to live in Spain before the EU so I still can.” or “I’ve never known Spain to deport anyone.” And my absolute favourite of “Well Spain needs British tax money so will make an exception.”. Never-mind the fact that, because of Schengen, Spain will have to enforce full border controls to in order to maintain the border integrity of the rest of the treaty states.

I reckon there’s a lot more people living under the radar than we think and it’s a shame that they are now in this position. That being said, I don’t think a single person on these forums would have wanted Brexit, but it happened, so we have all had to make accommodations and often sacrifices for it, and we had 4 years to do so.
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Old Feb 22nd 2021, 4:25 pm
  #33  
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Default Re: Non resident in Spain

I hear a voice from under that duvet, "I am not an immigrant ! I am BRITISH !"

Last edited by scot47; Feb 22nd 2021 at 4:40 pm.
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Old Feb 22nd 2021, 4:29 pm
  #34  
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Default Re: Non resident in Spain

Originally Posted by n77af View Post
That being said, I don’t think a single person on these forums would have wanted Brexit...
You're new here, I take it?


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Old Feb 22nd 2021, 4:33 pm
  #35  
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Default Re: Non resident in Spain

Well that’s concerning, and hello! 😂😂
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Old Feb 22nd 2021, 6:03 pm
  #36  
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Default Re: Non resident in Spain

Originally Posted by n77af View Post
I’m still surprised with the amount of people I’ve spoken to that have the argument of “Well I was able to live in Spain before the EU so I still can.” or “I’ve never known Spain to deport anyone.” And my absolute favourite of “Well Spain needs British tax money so will make an exception.”. Never-mind the fact that, because of Schengen, Spain will have to enforce full border controls to in order to maintain the border integrity of the rest of the treaty states.

I reckon there’s a lot more people living under the radar than we think and it’s a shame that they are now in this position. That being said, I don’t think a single person on these forums would have wanted Brexit, but it happened, so we have all had to make accommodations and often sacrifices for it, and we had 4 years to do so.
I can relate to all of that. I find it staggering that so many people apparently didn't realise the implications of losing freedom of movement and thought that the UK would be exceptional in some way because "they need our money". It doesn't work like that and UK nationals are going to find out just brutal suddenly becoming a third country national is. Spain are duty bound to implement the new rules and they will. God knows why anyone thought things would simply go to the way they were pre EU, it was never going to happen.

It's unprecedented for a country to enjoy rights such as freedom of movement and then impose strict sanctions on themselves by putting up endless barriers.

Obviously I'm not accusing the OP of this, she voted Remain like me and many others on here.
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Old Feb 22nd 2021, 7:35 pm
  #37  
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Default Re: Non resident in Spain

People who lived and live under the radar here and elsewhere know what they do is wrong and need to know what the rules are to avoid being caught out by the law/rules. Many will have legalised their position as a result of brexit. Before brexit going out of Spain was easy for them. Now they will have to comply with Schengen rules passport stamps time limits etc. Unless they never leave Spain they are going to find it hard to stay under the radar now if not impossible. Only way is to sort it out legally but as the OP is finding out that isn't easy and means one needs good income or savings. Each to their own but I'm afraid I can't sympathise with such people. We are where we are how we as individuals voted is irrelevant. New rules are in place one either complies or accept the consequences if or when they are found out. There was sufficient time for people to sort their situation out before the end of the transition period.
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Old Feb 22nd 2021, 8:00 pm
  #38  
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Default Re: Non resident in Spain

Originally Posted by bobd22 View Post
People who lived and live under the radar here and elsewhere know what they do is wrong ...
I suspect you may be mistaken on that.

Many people do not have a clue about the various requirements if they want to comply with the law, assuming it even occurs to them that there are any. The way membership of the EU is portrayed in the UK's popular press has probably led readers of that style of news right up the garden path when it comes to their obligations should they have availed themselves of the opportunities afforded by it. And unless they've got a good deal of curiosity and a corresponding amount of nous, finding out the truth might evade them.

We frequently see newcomers on here baffled by what they need to do (and occasionally, given conflicting information dished out, leaving equally confused). And that's just some of those who find their way here or elsewhere where people are happy to share information and advice freely and without charge.

There are, I grant, some who apear to want advice on how to get by without complying but by and large the majority of people who wash up here want to do things properly. Those who don't find their way to this site or others aren't necessarily wilfully ignoring their obligations though (in my own personal opinion, obv)
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Old Feb 22nd 2021, 8:08 pm
  #39  
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Default Re: Non resident in Spain

Many newcomers come onto forums seeking information because they know something needs to be done but don't know best way to achieve that. Also to clarify that what they have heard elsewhere is or isn't correct. Any expat forum I have been on in the last 14 years one thing one can't miss is the number of threads on tax residency and the 183 day rule.
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Old Feb 22nd 2021, 8:18 pm
  #40  
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Default Re: Non resident in Spain

Because of the very nature of the situation, the exact number of Britons living in Spain now under the radar is impossible to quantify. It was rumoured that at the time of the referendum, there were over a million Brits in Spain, but only about 300,000 were legal, complying with rules for EU citizens applicable at that time. That leaves possible 800,000 to a million 'illegals'. Of those, a number have now returned to UK, again the exact number is impossible to quantify but let's say 300,000. Of those remaining, 200,000 to 300,000 have now registered as residents under the withdrawal agreement, leaving about similar number under the radar. Of those, I would hazard a guess that deliberate and ignorant/confused would be about 50/50. That still leaves about 100,000 living in blissful ignorance.
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Old Feb 22nd 2021, 8:35 pm
  #41  
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Default Re: Non resident in Spain

I’m often wary of using ignorance as an excuse.Yes, there is conflicting information out there and the press does not help at all. However, it is not that difficult to sift through it and find the necessary information if you want to, particularly if you’ve already made the decision to move to a new country.

Other things like tax and residency are certainly complicated and I would advise anyone to get legal and fiscal advice from professionals. I suppose there could be financial reasons why people don’t, but if that is the case should you really have moved in the first place? It also must be different if you have been here for 14 years like the OP and accustomed to the old pre-Brexit way that things worked as opposed to just starting out.

I would never presume to criticise someone for the way that they voted as that is personal and everyone has their own reasons, but it’s hard not to dwell on what we’ve lost in regards to free movement. My father is Dutch, and one of my biggest regrets was not taking up the option of reclaiming my lapsed citizenship when I lived there for two years. I remember at the time thinking what could a Dutch passport possibly offer me over British one? This was in 2013!
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Old Feb 22nd 2021, 8:55 pm
  #42  
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Default Re: Non resident in Spain

All very true. I remember when we were deciding re buying abroad to eventually retire to. Me and my wife going through possible options considering future pensions, medical care etc. We decided it came down to more than likely Spain or Cyprus but definitely benefits of EU meant it would be in the EU after all we will never leave the EU we said! That was around 14 years ago. As they say never say never.
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Old Feb 22nd 2021, 9:56 pm
  #43  
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Default Re: Non resident in Spain

Originally Posted by bobd22 View Post
Yes I agree. However the original post does not to me show any real reflection on the fact that the OP has been dodging the system all these years. They didn't vote for brexit? Irrelevant the UK did. They don't take from the country but add to it? They spend money yes but they use the services etc that Spain provides and law says in their circumstances they should declare for tax purposes they haven't. Although the final deal or outcome hasn't been clear, what was very clear was that the UK was leaving the EU and its citizens would be treated as 3rd country Nationals within the EU, luckily those already resident were protected. Only way to hopefully get protection wasn't burying your head in the sand but legalising your position properly in Spain before the game was up. The post to me seems to be that the OP is looking for some way of working their way around the new rules that apply but shows no real acceptance of wrongdoing by their life choices in Spain. That is not me being mean or nasty towards them just how this post comes across. They have ended up absolutely in an avoidable situation of their own making and are now hoping someone can advise them how to dodge the consequences of their own actions. Covid has also highlighted that Spain intends to apply the entry rules strictly, will it clamp down as firmly on those not complying with the residency rules in the future? Will the EU and Schengen membership allow for Spain to act independently re applying the rules? I doubt it but time will tell. However obtaining legal residency and paying whatever dues needed to be paid 6 or even 3 months ago would have prevented the OP being in the situation they find themselves in.
So if you get a visa for any country in the Schengen.Does that give you freedom of movement to live in Spain .? Say if you got a non lucrative visa in Portugal for example. Would you be able to then reside in Spain as Portugal is in the schengen l. I see that many flaws and contradictions I actually feel sorry for any official trying to enforce them.
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Old Feb 22nd 2021, 10:22 pm
  #44  
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Default Re: Non resident in Spain

Originally Posted by Stingychips View Post
So if you get a visa for any country in the Schengen.Does that give you freedom of movement to live in Spain .? Say if you got a non lucrative visa in Portugal for example. Would you be able to then reside in Spain as Portugal is in the schengen l. I see that many flaws and contradictions I actually feel sorry for any official trying to enforce them.
I have no knowledge of what visas allow not something I have needed to look into. I was commenting on the fact that one could get protection under the WA by obtaining Spanish residency before 31 December.
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Old Feb 23rd 2021, 12:06 am
  #45  
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Default Re: Non resident in Spain

Originally Posted by Stingychips View Post
So if you get a visa for any country in the Schengen.Does that give you freedom of movement to live in Spain .? Say if you got a non lucrative visa in Portugal for example. Would you be able to then reside in Spain as Portugal is in the schengen l. I see that many flaws and contradictions I actually feel sorry for any official trying to enforce them.
No. Such long-stay visa is beyond the scope of Schengen Agreement (which is only concerned with short-stay visitors) and is issued by the individual member state to be effective only within its borders. It's called Type D (national) visa. But holders of Type D visa can visit other Schengen states for 90-in-180 days within its validity. This doesn't mean much to visa waiver nationals like British and US citizens, but it's a boon for visa nationals who would otherwise require Schengen visa even for short visits.
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