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Spanish Residencia and social security system

Spanish Residencia and social security system

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Old Nov 20th 2012, 10:24 pm
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Default Spanish Residencia and social security system

Hi All

This is my first post here so hope you can help.

My question is around Spanish residence and social security system.

If my partner lived in Spain for around 7 to 8 months a year and the rest back in the UK is it best to get a residencia or not and what affect would this have on the services and entitlements for her back in the UK?
Similarly, if she got a social security number in Spain how would this affect the services and entitlements available to her back in the UK?

thanks in advance

Frank
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Old Nov 21st 2012, 12:10 am
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Smile Re: Spanish Residencia and social security system

Originally Posted by frank4553
Hi All

This is my first post here so hope you can help.

My question is around Spanish residence and social security system.

If my partner lived in Spain for around 7 to 8 months a year and the rest back in the UK is it best to get a residencia or not and what affect would this have on the services and entitlements for her back in the UK?
Similarly, if she got a social security number in Spain how would this affect the services and entitlements available to her back in the UK?

thanks in advance

Frank
Welcome to the forum Frank and this is a question that has been covered before so best to read through some of the older posts. If anyone lives in Spain for more than 183 days then they have to register and become a resident. You will need to contact DWP, your local health care services and HRMC in the UK.
Depends what she does when she gets there as to notifying the Spanish Social Security.
Good luck..
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Old Nov 21st 2012, 5:39 am
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Default Re: Spanish Residencia and social security system

Originally Posted by chrisjolly
Welcome to the forum Frank and this is a question that has been covered before so best to read through some of the older posts. If anyone lives in Spain for more than 183 days then they have to register and become a resident. You will need to contact DWP, your local health care services and HRMC in the UK.
Depends what she does when she gets there as to notifying the Spanish Social Security.
Good luck..
Thanks Chris

The question was more from the point of the 'horse has already bolted' and I need some advice, although I know that wasn't clear in my post.
She spends around 7 months or so in Spain each year and already has her residence but comes home to the UK for the remainder of the year.
This year she got a job (with contract) which unfortunately only lasted about 2 months.
With this job she got her NIE & Social Security number (maybe they're the same thing I don't know).
Then whilst being employed in this job and after following what I think was some bad advice, she registered with a local doctor and has used his services once.
Now she is returning home for the winter, how does this affect her status here especially regarding with her doctor here?

By the way, the wage she earned in Spain for those two months didn't come anywhere near the tax threshold for tax paying purposes.

Hope there is enough detail here.

Many thanks

Frank
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Old Nov 21st 2012, 5:54 am
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Default Re: Spanish Residencia and social security system

Originally Posted by frank4553
Thanks Chris

The question was more from the point of the 'horse has already bolted' and I need some advice, although I know that wasn't clear in my post.
She spends around 7 months or so in Spain each year and already has her residence but comes home to the UK for the remainder of the year.
This year she got a job (with contract) which unfortunately only lasted about 2 months.
With this job she got her NIE & Social Security number (maybe they're the same thing I don't know).
Then whilst being employed in this job and after following what I think was some bad advice, she registered with a local doctor and has used his services once.
Now she is returning home for the winter, how does this affect her status here especially regarding with her doctor here?

By the way, the wage she earned in Spain for those two months didn't come anywhere near the tax threshold for tax paying purposes.

Hope there is enough detail here.

Many thanks

Frank
p.s.

A bit more information...She is under her doctor here in the UK for her Thyroid medication.

Frank
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Old Nov 21st 2012, 6:07 am
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Default Re: Spanish Residencia and social security system

Originally Posted by frank4553
Thanks Chris

The question was more from the point of the 'horse has already bolted' and I need some advice, although I know that wasn't clear in my post.
She spends around 7 months or so in Spain each year and already has her residence but comes home to the UK for the remainder of the year.
This year she got a job (with contract) which unfortunately only lasted about 2 months.
With this job she got her NIE & Social Security number (maybe they're the same thing I don't know).
Then whilst being employed in this job and after following what I think was some bad advice, she registered with a local doctor and has used his services once.
Now she is returning home for the winter, how does this affect her status here especially regarding with her doctor here?

By the way, the wage she earned in Spain for those two months didn't come anywhere near the tax threshold for tax paying purposes.

Hope there is enough detail here.

Many thanks

Frank
so she is in Spain now? or not?

if she spends 7 months a year in Spain, then she should be registered as resident (green certificate) & needs to do tax returns here in Spain whether or not she earns anything

was she registered as resident in Spain & doing tax returns before April 24th this year?

it makes a difference to any further answers

assuming she is/was registered before then, & it reads that way - she is using the Spanish healthcare system so should apply for a TSE (the Spanish version of the EHIC) so that in the time she is in the UK she can access healthcare there as a tourist - she isn't in any legal sense a resident of the UK, so can't/shouldn't be registered with a doctor there

it's not a choice - it's all governed by the amount of time she spends in each country

Last edited by lynnxa; Nov 21st 2012 at 6:18 am.
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Old Nov 21st 2012, 6:26 am
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Default Re: Spanish Residencia and social security system

Originally Posted by frank4553
Hi All

This is my first post here so hope you can help.

My question is around Spanish residence and social security system.

If my partner lived in Spain for around 7 to 8 months a year and the rest back in the UK is it best to get a residencia or not and what affect would this have on the services and entitlements for her back in the UK?
Similarly, if she got a social security number in Spain how would this affect the services and entitlements available to her back in the UK?

thanks in advance

Frank
As Concierge for the Spanish section of BE I would like to say hello and welcome.

BE is a very large expat website, so if you have problems finding your way around we have concierges who will try to direct you. The moderators for the Spanish forums are Mitzyboy and Fred James, moderators are there to ensure that the site runs smoothly within the rules of BE. Problems and complaints should always be addressed to a moderador who will look into the matter and deal with it efficiently and fairly. Our members who post in the Spain Forums are friendly and helpful with a wealth of knowledge of the issues of living in Spain. At the top of the page you will find a quirkily named thread called Free Beer which is full of important and useful information. Hope you enjoy your time participating in the forums.

Please let me know if you need any further help.

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Old Nov 21st 2012, 6:35 am
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Default Re: Spanish Residencia and social security system

Originally Posted by chrisjolly
If anyone lives in Spain for more than 183 days then they have to register and become a resident.
Not quite correct.

If you spend more than 90 days consecutively in Spain you are obliged to register on the list of EU foreigners in Spain.

If you spend more than 183 day, not necessarily consecutive, in any one calendar year, you are deemed tax resident. There is no requirement to register as tax resident but in almost all circumstances you are obliged to submit a tax declaration by the end of June in the year after you become tax resident and in any subsequent years.

It is perfectly possible to be tax resident and not be on the register of foreigners due to the different criteria.
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Old Nov 21st 2012, 6:52 am
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Default Re: Spanish Residencia and social security system

Originally Posted by lynnxa
so she is in Spain now? or not?

if she spends 7 months a year in Spain, then she should be registered as resident (green certificate) & needs to do tax returns here in Spain whether or not she earns anything

was she registered as resident in Spain & doing tax returns before April 24th this year?

it makes a difference to any further answers

assuming she is/was registered before then, & it reads that way - she is using the Spanish healthcare system so should apply for a TSE (the Spanish version of the EHIC) so that in the time she is in the UK she can access healthcare there as a tourist - she isn't in any legal sense a resident of the UK, so can't/shouldn't be registered with a doctor there

it's not a choice - it's all governed by the amount of time she spends in each country
Yes lynnxa sha has had her residencia for 2 to 3 years I think and spends sbout 7 months there each year, not working until the short term job I mentioned.

S, I take it that she has to be registered as a Resident because she spends 7 months there each year?

If she wishes to reverse this situation would she need to give up her Residencia and return to UK for a specified period of time?

She has full pensioable years here in the UK....would the current situation have any bearing on that also?

One other thing....TSE.....EHIC?....what do these stand for?

Many thanks to all

Frank

Last edited by frank4553; Nov 21st 2012 at 6:54 am.
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Old Nov 21st 2012, 7:04 am
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Default Re: Spanish Residencia and social security system

Originally Posted by frank4553

S, I take it that she has to be registered as a Resident because she spends 7 months there each year?

If she wishes to reverse this situation would she need to give up her Residencia and return to UK for a specified period of time?
As I said in my last post, you are obliged to sign on as a resident foreigner after only 90 days.

As far as the UK and any entitlement to the NHS this is a red herring. If you spend more than half a year in Spain you will be deemed to have left the UK permanently (as opposed to being away on holiday) and you are no longer entitled to any NHS cover in the UK.

The only way she would get the entitlement back would be to return to the UK for more than 6 months.

A TSE and EHIC are the same thing - a card issued to allow emergency treatment in another EU country - it used to be called an E111 in the UK.

Last edited by Fred James; Nov 21st 2012 at 7:10 am.
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Old Nov 21st 2012, 7:07 am
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Default Re: Spanish Residencia and social security system

Originally Posted by Fred James
As I said in my last post, you are obliged to sign on as a resident foreigner after only 90 days.

As far as the UK and any entitlement to the NHS this is a red herring. If you spend more than half a year in Spain you will be deemed to have left the UK permanently (as opposed to being away on holiday) and you are no longer entitled to any NHS cover in the UK.

The only way she would get the entitlement back would be to return to the UK for more than 6 months.
Thanks Fred...would she have to go through any paperwork/fill in forms for that?
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Old Nov 21st 2012, 7:08 am
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Default Re: Spanish Residencia and social security system

Originally Posted by frank4553
Yes lynnxa sha has had her residencia for 2 to 3 years I think and spends sbout 7 months there each year, not working until the short term job I mentioned.

S, I take it that she has to be registered as a Resident because she spends 7 months there each year?

If she wishes to reverse this situation would she need to give up her Residencia and return to UK for a specified period of time?

She has full pensioable years here in the UK....would the current situation have any bearing on that also?

One other thing....TSE.....EHIC?....what do these stand for?

Many thanks to all

Frank
her pension only has any bearing on the matter if she decides to continue as is & be resident in Spain

she would officially need to spend less than 90 days at a time in Spain & less than 182 days a year - she can 'unregister' as resident at the same place as she registered - many/most don't bother, but it does keep eveything clear

EHIC is the European Health Insurance Card which you should have for when travelling abroad in Europe - it gives you access to emergency/essential state healthcare

The TSE is simply what it's called in Spain - Tarjeta Sanitaria Europea
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Old Nov 21st 2012, 7:10 am
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Default Re: Spanish Residencia and social security system

Originally Posted by Fred James
As I said in my last post, you are obliged to sign on as a resident foreigner after only 90 days.

As far as the UK and any entitlement to the NHS this is a red herring. If you spend more than half a year in Spain you will be deemed to have left the UK permanently (as opposed to being away on holiday) and you are no longer entitled to any NHS cover in the UK.

The only way she would get the entitlement back would be to return to the UK for more than 6 months.
the TSE is the Spanish version of the EHIC - the 'tourist health card'
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Old Nov 21st 2012, 7:13 am
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Default Re: Spanish Residencia and social security system

Originally Posted by lynnxa
her pension only has any bearing on the matter if she decides to continue as is & be resident in Spain

she would officially need to spend less than 90 days at a time in Spain & less than 182 days a year - she can 'unregister' as resident at the same place as she registered - many/most don't bother, but it does keep eveything clear

EHIC is the European Health Insurance Card which you should have for when travelling abroad in Europe - it gives you access to emergency/essential state healthcare

The TSE is simply what it's called in Spain - Tarjeta Sanitaria Europea
Ahh OK, she has the EHIC.

She is now due for a Thyroid check and an annual check on a heart defect at the hospital in the UK....hence you can see my concern!
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Old Nov 21st 2012, 7:17 am
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Default Re: Spanish Residencia and social security system

Originally Posted by frank4553
Ahh OK, she has the EHIC.

She is now due for a Thyroid check and an annual check on a heart defect at the hospital in the UK....hence you can see my concern!
best get it sorted quickly then - as things stand she isn't really supposed to be using the NHS in this way - you could end up with a massive bill!
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Old Nov 21st 2012, 7:26 am
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Default Re: Spanish Residencia and social security system

Originally Posted by lynnxa
best get it sorted quickly then - as things stand she isn't really supposed to be using the NHS in this way - you could end up with a massive bill!
Thanks lynnxa....sorry to appear stupid.....but what is the best way to sort it given the circumstances....worried!!!

edit: she is in Spain now but coming back to UK this week.

Last edited by frank4553; Nov 21st 2012 at 7:42 am.
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