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Obtaining residency without renting or buying beforehand

Obtaining residency without renting or buying beforehand

Old Apr 27th 2018, 1:33 am
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Default Obtaining residency without renting or buying beforehand

I hope someone can help me as I'm getting nowhere with this one!

My hubby and I want to move to Spain permanently later this year. We initially thought of living in our motorhome on an Aire (basically a campsite for motorhomes), getting residency and then buying a house.

However, after speaking to an abogado about this, we have been told that we must either rent or buy a property before we can apply for residency, and that living on a campsite would not be acceptable.

We are willing to rent for a few months if necessary, but would not want to risk buying a house and then just hope that we get residency. We are not in such a position that we could sell up and return to the UK if we can't stay.

Has anyone been in or knows someone who has been in this situation? I get the impression that whether you are granted residency can also depend on who's on the desk that day at the police station. Even the abogado I spoke to couldn't give me a definitive answer.

Thanks.
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Old Apr 27th 2018, 2:24 am
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Default Re: Obtaining residency without renting or buying beforehand

Yes there are some criteria that apply to gaining residency mainly income and healthcover but I think you are a bit confused and owning a property is not mandatory - suggest you read this: https://www.gov.uk/guidance/residenc...ments-in-spain

and I suggest you change abogado he/she does not seem helpful.
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Old Apr 27th 2018, 2:38 am
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Default Re: Obtaining residency without renting or buying beforehand

Originally Posted by Yorkshire Princess
I hope someone can help me as I'm getting nowhere with this one!

My hubby and I want to move to Spain permanently later this year. We initially thought of living in our motorhome on an Aire (basically a campsite for motorhomes), getting residency and then buying a house.

However, after speaking to an abogado about this, we have been told that we must either rent or buy a property before we can apply for residency, and that living on a campsite would not be acceptable.

We are willing to rent for a few months if necessary, but would not want to risk buying a house and then just hope that we get residency. We are not in such a position that we could sell up and return to the UK if we can't stay.

Has anyone been in or knows someone who has been in this situation? I get the impression that whether you are granted residency can also depend on who's on the desk that day at the police station. Even the abogado I spoke to couldn't give me a definitive answer.

Thanks.
I think that's all a bit misleading. The link spainrico posted explains it and what they probably mean is that you need an address in Spain. When you go to register, they will obviously require all documentation, so having no official address or utility bills etc. might be a problem. The reality is that Spain isn't really bothered about your income and all they want is your signature, so your registered and aware you won't get anything (you have healthcare). Even if you are classed resident, you won't get any support from Spain if you end up broke or homeless.

Requirements Spain:
https://europa.eu/youreurope/citizen...n/index_en.htm




https://europa.eu/youreurope/citizen...e/index_en.htm


If you are required to register, you may be fined for not doing so but may continue to live in the country and cannot be expelled just for this.
In many countries, you will need to carry your registration certificate and national identity card or passport at all times. If you leave them at home, you may be fined but cannot be expelled just for this.

Last edited by Moses2013; Apr 27th 2018 at 2:43 am.
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Old Apr 27th 2018, 3:32 am
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Default Re: Obtaining residency without renting or buying beforehand

Originally Posted by Moses2013
If you are required to register, you may be fined for not doing so but may continue to live in the country and cannot be expelled just for this.
In many countries, you will need to carry your registration certificate and national identity card or passport at all times. If you leave them at home, you may be fined but cannot be expelled just for this.
I wouldnt bank on that after Brexit.
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Old Apr 27th 2018, 3:47 am
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Default Re: Obtaining residency without renting or buying beforehand

Originally Posted by spainrico
Yes there are some criteria that apply to gaining residency mainly income and healthcover but I think you are a bit confused and owning a property is not mandatory - suggest you read this: https://www.gov.uk/guidance/residenc...ments-in-spain

and I suggest you change abogado he/she does not seem helpful.
Don't worry, we have not formally engaged them to do our conveyancing (i.e we have not given them any cash!)
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Old Apr 27th 2018, 4:33 am
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Default Re: Obtaining residency without renting or buying beforehand

Originally Posted by Moses2013
I think that's all a bit misleading. The link spainrico posted explains it and what they probably mean is that you need an address in Spain. When you go to register, they will obviously require all documentation, so having no official address or utility bills etc. might be a problem. The reality is that Spain isn't really bothered about your income and all they want is your signature, so your registered and aware you won't get anything (you have healthcare). Even if you are classed resident, you won't get any support from Spain if you end up broke or homeless.

Requirements Spain:
https://europa.eu/youreurope/citizen...n/index_en.htm


https://europa.eu/youreurope/citizen...e/index_en.htm


If you are required to register, you may be fined for not doing so but may continue to live in the country and cannot be expelled just for this.
In many countries, you will need to carry your registration certificate and national identity card or passport at all times. If you leave them at home, you may be fined but cannot be expelled just for this.
I am starting to think that the only way to know for sure is go down there and apply for residency using the address of the campsite and see what happens. I've not found one English speaking lawyer in the Valencia region who advertises on their website that they can give advice on residency issues, other than helping someone get their NIE number.
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Old Apr 27th 2018, 4:42 am
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Default Re: Obtaining residency without renting or buying beforehand

Originally Posted by Fred James
I wouldnt bank on that after Brexit.
Me and my other half are not banking on anything after Brexit!
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Old Apr 27th 2018, 5:36 am
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Default Re: Obtaining residency without renting or buying beforehand

Have you tried using a good Gestor?
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Old Apr 27th 2018, 6:24 am
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Default Re: Obtaining residency without renting or buying beforehand

Originally Posted by cermignano
Have you tried using a good Gestor?
Is a gestor more likely to know about residency than a lawyer? If so, that may be the next step.
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Old Apr 27th 2018, 8:23 am
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Default Re: Obtaining residency without renting or buying beforehand

Originally Posted by Yorkshire Princess
Is a gestor more likely to know about residency than a lawyer? If so, that may be the next step.
I would recommend that you talk to Pablo Faus who speaks English and is extremely knowledgeable and very helpful.

GRUPO FAUS CONSULTORES SL
C/ Alfaro, 2 Entl.
46701 Gandia (Valencia)
Tel.962 965 859
Fax.962 840 268
E-mail: [email protected]

Hopefully he will be able to guide you.

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Old Apr 27th 2018, 12:15 pm
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Default Re: Obtaining residency without renting or buying beforehand

Originally Posted by Yorkshire Princess
I am starting to think that the only way to know for sure is go down there and apply for residency using the address of the campsite and see what happens. I've not found one English speaking lawyer in the Valencia region who advertises on their website that they can give advice on residency issues, other than helping someone get their NIE number.
OK you are not going to find a lawyer that will give you much advice with regard to residency, as it's not something that they get involved with.
Also the requirements are different in each region and for some reason not documented.

But, you will not be granted residency without being on the Padron and you can't get on the Padron without a rental agreement or title deeds to a house, so please don't waste your time.

Having been through this recently and successfully twice in the Gandia area recently, I can tell you that you will get residency if you buy a house or rent if you do everything that is asked.
It would be useful if you employ the services of a Gestor, Rosemary's recommendation is a good one or I can provide you with another excellent English speaking Gestor also.
Taking a Gestor with you to the appointment will be the difference between being granted residency on the first appointment or trying this three or four times!

My lawyer who is brilliant, got me the appointment and as her husband is a policeman and was able to find out what their criteria is, to being accepted on the first attempt.

Two very important things - You must have healthcare! If you are not a pensioner you need Private Healthcare and be able to show them the insurance documents - I am 45 with no preconditions and it costs €55 a month... a neighbour who is 63 pays €120.

Second thing, you have to be able to show income into a Spanish bank... they are not interested in looking at your British bank statements and will totally dismiss this. They are looking for (from my lawyer/Gandia Police station) €6000 in the bank account and €500 a month per person if you are a pensioner or €1000 a month if you are of working age.

Now this might sound like a tall order, but you only need to do this for 3 or 4 months. Your bank (the bank manager in La Caixa did this for me) will be able to print you off a certificate for the appointment, showing the total in the bank and your "income" coming in.
All I did to make this easy was, I paid in a €1000 a month for 3 months before the appointment with the reference of my name and Salary and made sure there was enough in the account.
At the time we had purchased the house here, we were in the process of selling a UK property and a business... so in the middle of this money was a little tight.

Owning a property and providing the title deeds at the appointment actually seemed to help and smooth the process in my case.

A good Gestor will be able to make the appointment for you... it will probably be a month or two away and you need to plan for it and work with the Gestor, who will go with you. You don´t need a Gestor, but you will need someone who speaks very good Spanish to go with you to the appointment.
You will also need to provide photocopies of everything - as the civil servant at the appointment will not copy anything and will even cut the appointment short because you are unable to provide photocopies (this is the Spanish civil service!) and you will need to return.

Being honest with you... it takes a little planning to get through this first time.

> At the appointment, be polite, do not argue with them and do not lose your temper, as you are likely to see the same person again the next time <

1) You will need to get your NIE numbers - Find a good lawyer and give them POA for a house purchase is the normal route... or your Gestor can make an appointment at the police station for the NIE application. The DIY approach is painful here.
2) Open a bank account and you want to do this several months in advance - see above
3) Take your rental agreement or title deeds to your local town hall and get yourselves on the Padron. You will need an up to date certificate for the residency appointment, each certificate is valid for 3 months only, before you have to go to the town hall and request another copy.
4) Sort out private health cover - using a Spanish provider!
5) Ask the Gestor to get the tax form 790 from the police station (You have to pay 10.60 € as you wish to apply for "Certificado de registro de residente comunitario")

You have to take this tax form to the bank and pay the fee. The civil servant will request to see the stamped form is paid and if you have done this in advance it will save you a lot of hassle!

6) Get the certificate from the bank showing income as above
7) Get passport pictures taken
8) Take at least 2 colour photocopies of all of the paperwork, including your passports
9) Work though all of this with your Gestor, who will need to go with you to your appointment

Last edited by Smithy73; Apr 27th 2018 at 1:10 pm.
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Old Apr 27th 2018, 1:02 pm
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Default Re: Obtaining residency without renting or buying beforehand

Originally Posted by Yorkshire Princess
I get the impression that whether you are granted residency can also depend on who's on the desk that day at the police station. Even the abogado I spoke to couldn't give me a definitive answer.

Thanks.
Yes there is a certain amount of truth to this... but if you follow everything I have suggested above, you go with a Spanish speaking person to the appointment (better for you if you employ a Gestor) and you are polite, you should have the best chance of getting this on the first appointment.
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Old Apr 27th 2018, 1:18 pm
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Default Re: Obtaining residency without renting or buying beforehand

5) You can also find the tax form here

https://sede.administracionespublica...90&idTasa=052#

Select the region, fill in the details, submit and get the form to print.
Take the form to the bank and pay the tax. Form gets stamped > job done!
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Old Apr 27th 2018, 6:38 pm
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Default Re: Obtaining residency without renting or buying beforehand

I know nothing of the region you speak of.However to say you will not get residency without being on the padron in the area I'm in is (Axarquia) is not correct. In fact in some areas to sign on the Padron you must show you have residency. Also in our area if you prove you own a property outright you do not have to show any income or hold any amount in the bank. As has been said differs vastly region to region a good local Gestor is quickest and best way.
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Old Apr 27th 2018, 9:11 pm
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Default Re: Obtaining residency without renting or buying beforehand

Originally Posted by bobd22
I know nothing of the region you speak of.However to say you will not get residency without being on the padron in the area I'm in is (Axarquia) is not correct.
The OP was talking about Valencia not the Costa del Sol
Also her lawyer has confirmed that this is what is needed here.

Last edited by Smithy73; Apr 27th 2018 at 9:19 pm.
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