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Residency Questions

Residency Questions

Old Jul 2nd 2014, 2:19 pm
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Hi,

I'm moving to Barcelona with my wife and two kids at the end of this month. I have applied for my NIE through the Spanish Consulate so we can get set up with a bank account, and utilities once we find a flat over there (we're staying in a holiday apartment until we find one).

I will eventually be applying for residency, probably not within the first 3 months as we will be back and forward to the UK until the end of the year, so I don't think it become necessary until you have spent 180 days in total there, I may be wrong though. I will also be moving over to paying Spanish income tax on my pay.

My question is regarding the residency application when it comes. Having read online what the requirements are (https://www.gov.uk/residency-requirements-in-spain), I'm a little unsure how I sit within those requirements.

Basically, I am the director of a company based in the UK, and I will continue to work full-time for the company remotely, from home, and eventually from an office in Barcelona. This will not change, I will always be working for a UK company, at least until I decide to move on, which is not planned in the short term. There are two other directors, and employees/contractors at the company, all resident in the UK, so from what I've read, the company will have to remain UK registered.


The following is an extract from the requirements:


2.In addition, the following documentation will be required, depending on the applicant’s circumstances:

•a) Employed workers must produce a declaration to the effect that they have been hired by the employer or a certificate of employment. These documents must include, as a minimum, details of the name and address of the company, tax identification and Employer’s Social Security Number. Presentation of an employment contract registered with the corresponding Public Employment Service or a document of registration or situation similar to registration with the corresponding Social Security System will be accepted, although it will not be necessary to produce these documents if the interested party agrees to have his details checked against the General Social Security Finance Office files “Ficheros de la Tesorería General de la Seguridad Social”


•b) Self-employed workers must produce evidence to the effect that they are self-employed. Registration on the Economic Activities List “Censo de Actividades Económicos” or proof of their establishment by means of registration in the Mercantile Registry “Registro Mercantil” or a document of registration or situation similar to registration with the corresponding Social Security System will be accepted, although it will not be necessary to produce these documents if the interested person agrees to have his details checked against the General Social Security Finance Office or Taxation Office files “Ficheros de la Tesorería General de la Seguridad Social o de la Agencia Tributaria”


•c) People who do not work in Spain must produce documentation proving that they comply with the following two conditions:

•i. Public or private health insurance contracted in Spain or in another country, provided that it ensures cover in Spain during their period of residence equivalent to the cover provided by the National Health System. Pensioners will be considered to meet this condition if they can prove, by means of the corresponding certificate, that they are entitled to health care paid for by the State from which they receive their pension

•ii. have sufficient resources, for themselves and their family members, not to become a burden on Spain’s social assistance system during their period of residence. Proof of the possession of sufficient resources, whether from regular income, including work income or income of another kind, or from ownership of assets, will be given by any legally admissible evidence, such as property deeds, certified cheques, documentation proving that income from capital is received or credit cards. In this latter case, an up to date bank certificate proving the amount available by way of credit on the aforesaid card shall be produced. The assessment of sufficient resources must be carried out on an individual basis, taking into account the applicant’s personal and family circumstances. The possession of resources that are more than the amount established each year by the State General Budgets Act “Ley de Presupuestos Generales de Estado” that justifies the right to receive non-contributory benefits, taking into account the interested persons’ personal and family circumstances, will be regarded as sufficient proof to meet this requirement


So for the purposes of providing documentation to support my income, which category do I fall under? does this mean I do not work in Spain, and therefore must provide proof of public or private healthcare, as well as proof of assets, or am I under category a?
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Old Jul 2nd 2014, 2:43 pm
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Default Re: Residency Questions



many of your questions and potential questions can be answered by visiting
Advoco : Free Advice Centre
where you will find many answers.

when you become resident and full time in Spain you will be able to open a Spanish branch office of the company and operate from that - even if it is a spare room in your house/flat.

hope it all works out and that you will be able to get things done to your intended time scale. Sometimes it is necessary to take papers to the office concerned and wait whilst they process them rather than let them get round to it when they think they can be bothered. But civil servants are the same the world over.

Last edited by Domino; Jul 2nd 2014 at 2:47 pm. Reason: change of contact URL
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Old Jul 2nd 2014, 2:51 pm
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One problem that you will have is that Spain virtually closes down in August so many of the offices that you may need to visit may not be open at all or may be on short hours.

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Old Jul 2nd 2014, 2:54 pm
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Default Re: Residency Questions

@Domino - thanks for that, I'll check the site out.

@Rosemary - Ah, I wasn't aware of this. It shouldn't affect the business side of things, as I won't deal with that until later, but it might affect our flat hunting. Will letting agencies etc still be open during that time?

Thanks,
Graeme.
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Old Jul 2nd 2014, 5:03 pm
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Default Re: Residency Questions

I would have thought that letting agents will be open but on reduced hours but I may well be wrong. The insurance brokers in my town went onto being open in the mornings only as from 1st July and I believe that they will not open at all in August. My plumber has just left and he told me that as from tomorrow he will only be working until 2 pm each day due to the heat.

We moved over here on 21 July and did not know about the big close down in August so we had to be very patient and very alert as to opening hours. Good luck with everything.

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Old Jul 3rd 2014, 7:00 am
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Default Re: Residency Questions

@graeme79

Just one point that I noted from your original post.

Residency is after 90 days and NOT 180. That is, after you have been here for 90 days (in one chunk) then you are automatically deemed resident.

Tax residency is different - after 182 days in any calendar year (not necessarily in one chunk) you are deemed tax resident and must submit a tax return for all world-wide income.

You will probably have to provide proof of private health cover although it used to be the case (I think) that you could apply for an S1 on the basis that you were still paying NI in UK - best to ask DWP

You will certainly have to show proof of sufficient income into a Spanish Bank.
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