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Question on annual residence required under Brexit withdrawal agreement

Question on annual residence required under Brexit withdrawal agreement

Old Mar 4th 2021, 12:31 pm
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Default Question on annual residence required under Brexit withdrawal agreement

Hi guys,

I am a British citizen. I arrived in Malaga in August 2020 and received my 5 year temporary residence permit (With the new biometric card and identifying the withdrawal agreement on the reverse) in November 2020.


I plan to split my time between Málaga, the U.K. and the USA. Can anyone advise me whether there is an annual minimum number of days I must remain in Spain to retain my residency or whether I can come and go as I please, as was the case when we were members of the EU?

Thanks in advance for any information you can provide,

Richard
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Old Mar 4th 2021, 1:58 pm
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Default Re: Question on annual residence required under Brexit withdrawal agreement

Originally Posted by Rwoodhead59 View Post
Hi guys,

I am a British citizen. I arrived in Malaga in August 2020 and received my 5 year temporary residence permit (With the new biometric card and identifying the withdrawal agreement on the reverse) in November 2020.


I plan to split my time between Málaga, the U.K. and the USA. Can anyone advise me whether there is an annual minimum number of days I must remain in Spain to retain my residency or whether I can come and go as I please, as was the case when we were members of the EU?

Thanks in advance for any information you can provide,

Richard
Hi Richard, welcome to the forum.

The maximum amount of time you can spend outside of Spain, without losing your temporary residence, is less than 6 months in any 1 year. Also, you cannot be outside of Spain for a total of over 1 year during the 5 years that the card is valid for.

Once you have been resident for 5 years and followed the above rules you can apply for a permanent residence card. This card lasts for 10 years and you can then be outside Spain for up to 2 continuous years.

https://www.immigrationspain.es/en/m...ing-residency/
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Old Mar 4th 2021, 2:11 pm
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Default Re: Question on annual residence required under Brexit withdrawal agreement

Thanks so much for the prompt reply.

Actually my stealth question is: is it possible to maintain my physical residency WITHOUT incurring tax residency obligations: this would require me to pay a fortune in additional taxes and I feel I am paying enough already

Thanks for any additional wisdom you are able to impart.

btw I am a native of Hebden Bridge: appears from your handle that we may be almost neighbors in blighty

Richard
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Old Mar 4th 2021, 2:18 pm
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Default Re: Question on annual residence required under Brexit withdrawal agreement

Originally Posted by bolton wanderer View Post
Hi Richard, welcome to the forum.

The maximum amount of time you can spend outside of Spain, without losing your temporary residence, is less than 6 months in any 1 year. Also, you cannot be outside of Spain for a total of over 1 year during the 5 years that the card is valid for.

Once you have been resident for 5 years and followed the above rules you can apply for a permanent residence card. This card lasts for 10 years and you can then be outside Spain for up to 2 continuous years.

https://www.immigrationspain.es/en/m...ing-residency/
It is 5 years once you are perm9
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Old Mar 4th 2021, 2:21 pm
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Default Re: Question on annual residence required under Brexit withdrawal agreement

Originally Posted by Rwoodhead59 View Post
Thanks so much for the prompt reply.

Actually my stealth question is: is it possible to maintain my physical residency WITHOUT incurring tax residency obligations: this would require me to pay a fortune in additional taxes and I feel I am paying enough already

Thanks for any additional wisdom you are able to impart.

btw I am a native of Hebden Bridge: appears from your handle that we may be almost neighbors in blighty

Richard
Once you are a resident in Spain that will be seen as your main home and centre of affairs so you will need to make an annual declaration.
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Old Mar 4th 2021, 2:27 pm
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Default Re: Question on annual residence required under Brexit withdrawal agreement

Originally Posted by bolton wanderer View Post
Once you have been resident for 5 years and followed the above rules you can apply for a permanent residence card. This card lasts for 10 years and you can then be outside Spain for up to 2 continuous years.
Under the Withdrawal agreement, you can be outside your host country for up to 5 consecutive years without losing your rights. The permitted absences for the first 5 years may be more generous too, not sure on that. But I'm pretty sure it must be less than 6 months a year.
Originally Posted by Rwoodhead59 View Post
btw I am a native of Hebden Bridge
I lived briefly in Halifax and I used to know Hebden Bridge well

So essentially you want the benefits but you don't want the obligations that come with them, would that be that a fair summary?
. .
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Old Mar 4th 2021, 2:31 pm
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Default Re: Question on annual residence required under Brexit withdrawal agreement

Originally Posted by ETwenthome View Post
Under the Withdrawal agreement, you can be outside your host country for up to 5 consecutive years without losing your rights. The permitted absences for the first 5 years may be more generous too, not sure on that. But I'm pretty sure it must be less than 6 months a year.

I lived briefly in Halifax and I used to know Hebden Bridge well

So essentially you want the benefits but you don't want the obligations that come with them, would that be that a fair summary?
. .
5 years absence is only once you have lived in Spain for 5 years. It can then be consecutive. If you have been less than 5 years you can only be absent 6 months a year. Once resident you are tax resident.
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Old Mar 4th 2021, 3:01 pm
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Default Re: Question on annual residence required under Brexit withdrawal agreement

Originally Posted by Rwoodhead59 View Post

Actually my stealth question is: is it possible to maintain my physical residency WITHOUT incurring tax residency obligations: this would require me to pay a fortune in additional taxes and I feel I am paying enough already
Well Richard, my opinion is on that above statement is that if you want to live here and become a legal resident of Spain then you should pay your taxes and other due's in full like any other resident. If you want to try and cheat the Spanish system then I suggest you stay where you are!!

Steve
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Old Mar 4th 2021, 3:05 pm
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Default Re: Question on annual residence required under Brexit withdrawal agreement

Psssst.................. I was born in Holmfirth..........................


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Old Mar 4th 2021, 3:15 pm
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Default Re: Question on annual residence required under Brexit withdrawal agreement

Originally Posted by Rwoodhead59 View Post
Thanks so much for the prompt reply.

Actually my stealth question is: is it possible to maintain my physical residency WITHOUT incurring tax residency obligations: this would require me to pay a fortune in additional taxes and I feel I am paying enough already

Thanks for any additional wisdom you are able to impart.

btw I am a native of Hebden Bridge: appears from your handle that we may be almost neighbors in blighty

Richard
Yeah, you're not too far away.

I do understand your stealth question and I suspect that the period you are allowed away from Spain is to ensure you become tax resident.

That said, if you do stay outside Spain for over 6 months do make sure that you sign off the padron and have proof that you weren't in Spain for over 183 days. The Spanish tax people will eventually query your status, especially if you continue to declare yourself non-resident, but this could take a number of years. By this time it's possible that some sort of Spanish national visa could be available which would be allowed under Schengen rules...... If not, revert back to 90 days in 180 and visit non Schengen areas such as Cyprus or Croatia for a few months.

Good luck
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Old Mar 4th 2021, 7:10 pm
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Default Re: Question on annual residence required under Brexit withdrawal agreement

Originally Posted by Rwoodhead59 View Post
or whether I can come and go as I please, as was the case when we were members of the EU?
Actually you never could come and go as you pleased, at least not legally.
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Old Mar 4th 2021, 7:46 pm
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Default Re: Question on annual residence required under Brexit withdrawal agreement

Thanks everyone for the thoughtful replies. I will make an appointment and visit the Spanish Tramités Malaga (Foreigners Office) to get the latest official word and post what they advise me.

Thanks again,

Richard
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