Spanish Residency Advice
Apr 20th 2018 | 1:42 am
#1
Thread Starter
Just Joined
Joined: Apr 2018
Posts: 6
From: UK
Spanish Residency Advice
Hi
Myself, partner and our two Children are looking at moving to Javea area later this year as permenant residents.
We are cash buyers with no mortgage and should be able to purchase a Villa around £380k - £400k depending on fees etc.
I have a few questions which i am struggling to find answers for...perhaps someone can help ?
I work for a UK based LTD Company and earn approx £55kpa, who have agreed i can continue to work for them from Spain, my work is telephone based and internet based sales to UK customers, so in theory i can do this from anywhere in the world with a good internet connection and VOIP phone.
They would continue paying into my UK bank account as PAYE.
My partner would continue to be a stay at home Mother, i support the Family financially.
How will this work with tax in the UK and Spain ?
My other question is, as i understand if we stay more than 183 days we need to apply for residency, however i have read that part of the process is to show evidence that we have a clear criminal records.
We both have criminal records from the past, mine for petty cautions approx 10-15 years ago and my partner has not offended for over 20 years, but as i understand it everything will still show on record.
Then we have Brexit when i presume everything will change anyway....
Does this mean we will not be able to obtain residency in Spain ?
I look forward to your advice..
Ash
Myself, partner and our two Children are looking at moving to Javea area later this year as permenant residents.
We are cash buyers with no mortgage and should be able to purchase a Villa around £380k - £400k depending on fees etc.
I have a few questions which i am struggling to find answers for...perhaps someone can help ?
I work for a UK based LTD Company and earn approx £55kpa, who have agreed i can continue to work for them from Spain, my work is telephone based and internet based sales to UK customers, so in theory i can do this from anywhere in the world with a good internet connection and VOIP phone.
They would continue paying into my UK bank account as PAYE.
My partner would continue to be a stay at home Mother, i support the Family financially.
How will this work with tax in the UK and Spain ?
My other question is, as i understand if we stay more than 183 days we need to apply for residency, however i have read that part of the process is to show evidence that we have a clear criminal records.
We both have criminal records from the past, mine for petty cautions approx 10-15 years ago and my partner has not offended for over 20 years, but as i understand it everything will still show on record.
Then we have Brexit when i presume everything will change anyway....
Does this mean we will not be able to obtain residency in Spain ?
I look forward to your advice..
Ash
Apr 20th 2018 | 1:58 am
#2
Concierge
Joined: May 2006
Posts: 29,827
From: ex ex-pat, in Taunton
Re: Spanish Residency Advice
Hi
Myself, partner and our two Children are looking at moving to Javea area later this year as permenant residents.
We are cash buyers with no mortgage and should be able to purchase a Villa around £380k - £400k depending on fees etc.
I have a few questions which i am struggling to find answers for...perhaps someone can help ?
I work for a UK based LTD Company and earn approx £55kpa, who have agreed i can continue to work for them from Spain, my work is telephone based and internet based sales to UK customers, so in theory i can do this from anywhere in the world with a good internet connection and VOIP phone.
They would continue paying into my UK bank account as PAYE.
My partner would continue to be a stay at home Mother, i support the Family financially.
How will this work with tax in the UK and Spain ?
My other question is, as i understand if we stay more than 183 days we need to apply for residency, however i have read that part of the process is to show evidence that we have a clear criminal records.
We both have criminal records from the past, mine for petty cautions approx 10-15 years ago and my partner has not offended for over 20 years, but as i understand it everything will still show on record.
Then we have Brexit when i presume everything will change anyway....
Does this mean we will not be able to obtain residency in Spain ?
I look forward to your advice..
Ash
Myself, partner and our two Children are looking at moving to Javea area later this year as permenant residents.
We are cash buyers with no mortgage and should be able to purchase a Villa around £380k - £400k depending on fees etc.
I have a few questions which i am struggling to find answers for...perhaps someone can help ?
I work for a UK based LTD Company and earn approx £55kpa, who have agreed i can continue to work for them from Spain, my work is telephone based and internet based sales to UK customers, so in theory i can do this from anywhere in the world with a good internet connection and VOIP phone.
They would continue paying into my UK bank account as PAYE.
My partner would continue to be a stay at home Mother, i support the Family financially.
How will this work with tax in the UK and Spain ?
My other question is, as i understand if we stay more than 183 days we need to apply for residency, however i have read that part of the process is to show evidence that we have a clear criminal records.
We both have criminal records from the past, mine for petty cautions approx 10-15 years ago and my partner has not offended for over 20 years, but as i understand it everything will still show on record.
Then we have Brexit when i presume everything will change anyway....
Does this mean we will not be able to obtain residency in Spain ?
I look forward to your advice..
Ash
Apr 20th 2018 | 2:28 am
#3
Thread Starter
Just Joined
Joined: Apr 2018
Posts: 6
From: UK
Re: Spanish Residency Advice
Thankyou for the advice....
Not my Wife (yet) how will this make an impact..?
Regarding going autonomo this sounds fine, i presume i would just invoice the UK company i work for each month and complete the relevant tax forms in Spain..i presume also i would then be on a NIL tax code in the UK..
Many Thanks
Not my Wife (yet) how will this make an impact..?
Regarding going autonomo this sounds fine, i presume i would just invoice the UK company i work for each month and complete the relevant tax forms in Spain..i presume also i would then be on a NIL tax code in the UK..
Many Thanks
Apr 20th 2018 | 2:41 am
#4
Thread Starter
Just Joined
Joined: Apr 2018
Posts: 6
From: UK
Re: Spanish Residency Advice
Also when did you apply for residency ? as numerous websites are stating:-
So will having a criminal record affect my residency application or renewal?
We must admit that the existence of criminal records is one of main reasons for refusal of residence authorizations in Spain. As a rule, it’s always denied in those cases.
The situation may vary when it comes to the renewals though, where each case will be assessed individually.
So will having a criminal record affect my residency application or renewal?
We must admit that the existence of criminal records is one of main reasons for refusal of residence authorizations in Spain. As a rule, it’s always denied in those cases.
The situation may vary when it comes to the renewals though, where each case will be assessed individually.
Apr 20th 2018 | 3:24 am
#5
Moderator
Joined: Mar 2007
Posts: 15,149
From: Costa Valencia
Re: Spanish Residency Advice
Also when did you apply for residency ? as numerous websites are stating:-
So will having a criminal record affect my residency application or renewal?
We must admit that the existence of criminal records is one of main reasons for refusal of residence authorizations in Spain. As a rule, it’s always denied in those cases.
The situation may vary when it comes to the renewals though, where each case will be assessed individually.
So will having a criminal record affect my residency application or renewal?
We must admit that the existence of criminal records is one of main reasons for refusal of residence authorizations in Spain. As a rule, it’s always denied in those cases.
The situation may vary when it comes to the renewals though, where each case will be assessed individually.
Problems and complaints should always be addressed to a moderator who will look into the matter and deal with it efficiently and fairly. Our members who post in the Spain Forums are usually friendly and helpful with a wealth of knowledge about the issues of living in Spain. I hope that you enjoy your time participating in the forums.
Please let me know if you need any further help.
Rosemary
Apr 20th 2018 | 3:27 am
#6
Moderator
Joined: Mar 2007
Posts: 15,149
From: Costa Valencia
Re: Spanish Residency Advice
we were never asked anything about criminal records when we got residency , it was just a simple form filling exercise., you will have to prove sufficient income and you might well have to become autonomo (self employed) and bill your UK people for your services. You say 'partner' but is she your wife, that may make a difference to health provisions.
Rosemary
Apr 20th 2018 | 3:43 am
#7
Thread Starter
Just Joined
Joined: Apr 2018
Posts: 6
From: UK
Re: Spanish Residency Advice
Thanks Rosemary i look forward to seeing if anyone can help answer my question..
Apr 20th 2018 | 3:54 am
#8
Lost in BE Cyberspace
Joined: Feb 2008
Posts: 6,172
Re: Spanish Residency Advice
Certainly 6 months ago that was not a question for residency. But obviously if asked the question you can only answer as you know it. What are classed as spent convictions in UK may not be in Spain? Some offences are never spent depending on offence convicted of. You may also be confusing residency with citizenship?
Apr 20th 2018 | 4:00 am
#9
Thread Starter
Just Joined
Joined: Apr 2018
Posts: 6
From: UK
Re: Spanish Residency Advice
Thankyou.
As i understand you can apply for residency straight away, citizenship application is only possible after 10 years, or you can simply keep renewing your residency permit, we would be doing the later.
It sounds like it may be a dead end with the criminal record check.
As i understand you can apply for residency straight away, citizenship application is only possible after 10 years, or you can simply keep renewing your residency permit, we would be doing the later.
It sounds like it may be a dead end with the criminal record check.
Apr 20th 2018 | 4:14 am
#10
Lost in BE Cyberspace
Joined: Feb 2008
Posts: 6,172
Re: Spanish Residency Advice
Residency and citizenship are totally different. I believe citizenship you will need to supply some form of criminal records check ? But you can simply be resident both physically and fiscal without ever needing to change your citizenship. I also believe that those not from EU wanting residency can be asked re criminal records, so once brexit occurs things may change for UK.
Apr 20th 2018 | 4:21 am
#11
Thread Starter
Just Joined
Joined: Apr 2018
Posts: 6
From: UK
Re: Spanish Residency Advice
Thats good advice thankyou...
Just dont want to purchase a Villa outright to find we cannot get residency at all !
Just dont want to purchase a Villa outright to find we cannot get residency at all !
Apr 20th 2018 | 4:28 am
#12
Lost in BE Cyberspace
Joined: Feb 2008
Posts: 6,172
Re: Spanish Residency Advice
Yes that is sensible. Currently I doubt it will be an issue for you. However depending on when you buy in relation to brexit date and so called transition period and the affect on UK citizens obtaining residency I don't think anyone knows. You could contact a gestor in the area you hope to buy and ask if you need to disclose convictions etc. Unfortunately time is ticking on to brexit day and after that ?? Sorry can't be of more help.
Apr 20th 2018 | 5:38 am
#13
Forum Regular
Joined: Mar 2018
Posts: 201
From: Gandia
Re: Spanish Residency Advice
OK so we are in our mid 40s and did this at the end of 2016, early 2017!
Hi
Myself, partner and our two Children are looking at moving to Javea area later this year as permenant residents.
Ideally you need this done and dusted - property bought and residency applied for and gained by March 2019!
We are cash buyers with no mortgage and should be able to purchase a Villa around £380k - £400k depending on fees etc.
Budget that the fees will total about 13% of the cost of the Villa - Tax on the purchase of a second hand property is 10% - Don´t even dream of not using a lawyer to buy a Villa, you don´t need to by law, but you will need a good lawyer.
I have a few questions which i am struggling to find answers for...perhaps someone can help ?
I work for a UK based LTD Company and earn approx £55kpa, who have agreed i can continue to work for them from Spain, my work is telephone based and internet based sales to UK customers, so in theory i can do this from anywhere in the world with a good internet connection and VOIP phone.
They would continue paying into my UK bank account as PAYE.
My partner would continue to be a stay at home Mother, i support the Family financially.
How will this work with tax in the UK and Spain ?
Don´t worry about this at the moment. Technically you would pay the difference in tax between the UK and Spain. Spain is more expensive!
But there is no point worrying about this unduly at the moment. There is no extra income tax to pay in Spain, until you become a tax resident.
First you need to come and find a place that you would like to live in and then get residency. After around 6 months of being here your Gestor can change your tax status.
In your case there may be some extra tax to pay in 2020. Any good Gestor will give you an idea and broadly speaking it´s the extra that you would have paid between the UK and Spain.
You will end up paying more tax, but this will be offset by a better life style and lower cost of living!
My other question is, as i understand if we stay more than 183 days we need to apply for residency, however i have read that part of the process is to show evidence that we have a clear criminal records.
We both have criminal records from the past, mine for petty cautions approx 10-15 years ago and my partner has not offended for over 20 years, but as i understand it everything will still show on record.
Then we have Brexit when i presume everything will change anyway....
Does this mean we will not be able to obtain residency in Spain ?
OK so first off you ideally REALLY want to have this done and dusted by the Brexit date - end of March 2019!
You are worrying about all of the wrong things. The Spanish authorities will only ask for proof of no criminal record, if you are from OUTSIDE of the EU.
You will need to plan this well in advance -
1)open a non residency bank account - you probably want to do this at least 4-5 months before applying for residency.
1a)you have to "prove income" into your Spanish bank account for the residency application - So once you have moved here start paying your salary every month into this account - give it a reference of "salary and your name".
I know this sounds odd, but the civil servant that you see at your appointment will not be interested in what money you have in a UK bank account or a UK employment contract.
So you need to be able to show, using your Spanish bank account that you can support yourself and will not be a burden. The requirements change in each region of Spain and no where is it clearly documented.
I can tell you my experience in Gandia (just north of Javea) and what my Lawyer suggested (her husband is a policeman and asked the civil servants at the police station)
After your Villa purchase you ideally need at least €6000-7000 savings and be able to show €2000 a month coming into your bank account for at least three months for you and your partner.
These figures are different for a pensioner...
You need to show income for at least three months before applying for residency.
The bank will need to provide you with a certificate to take to the interview for residency - if you have used the term salary and your full name as the money transfer reference each time, it will make it easy for the bank to show your "Salary" on the certificate.
2)Find a good lawyer and give them power of attorney for the house purchase. Your lawyer will then be able to apply for NIE numbers for both of you. Real painful if you try to do this yourself.
You can open the bank account without the NIE, but the bank will need it ASAP.
3)Find and purchase your dream house.
4)Go to your local town hall and get on the Padron - you will need the Padron certificate
5)take out SPANISH private health insurance for the family - It's much cheaper than in the UK - if you are 50 or under with no pre conditions it should be €50 or less a month (each for you and your partner) for excellent coverage.
6)use the services of the Gestor to guide you through the process of what is needed locally for residency. Following the steps above will give you everything you need in a timely manner.
I look forward to your advice..
Ash
Myself, partner and our two Children are looking at moving to Javea area later this year as permenant residents.
Ideally you need this done and dusted - property bought and residency applied for and gained by March 2019!
We are cash buyers with no mortgage and should be able to purchase a Villa around £380k - £400k depending on fees etc.
Budget that the fees will total about 13% of the cost of the Villa - Tax on the purchase of a second hand property is 10% - Don´t even dream of not using a lawyer to buy a Villa, you don´t need to by law, but you will need a good lawyer.
I have a few questions which i am struggling to find answers for...perhaps someone can help ?
I work for a UK based LTD Company and earn approx £55kpa, who have agreed i can continue to work for them from Spain, my work is telephone based and internet based sales to UK customers, so in theory i can do this from anywhere in the world with a good internet connection and VOIP phone.
They would continue paying into my UK bank account as PAYE.
My partner would continue to be a stay at home Mother, i support the Family financially.
How will this work with tax in the UK and Spain ?
Don´t worry about this at the moment. Technically you would pay the difference in tax between the UK and Spain. Spain is more expensive!
But there is no point worrying about this unduly at the moment. There is no extra income tax to pay in Spain, until you become a tax resident.
First you need to come and find a place that you would like to live in and then get residency. After around 6 months of being here your Gestor can change your tax status.
In your case there may be some extra tax to pay in 2020. Any good Gestor will give you an idea and broadly speaking it´s the extra that you would have paid between the UK and Spain.
You will end up paying more tax, but this will be offset by a better life style and lower cost of living!
My other question is, as i understand if we stay more than 183 days we need to apply for residency, however i have read that part of the process is to show evidence that we have a clear criminal records.
We both have criminal records from the past, mine for petty cautions approx 10-15 years ago and my partner has not offended for over 20 years, but as i understand it everything will still show on record.
Then we have Brexit when i presume everything will change anyway....
Does this mean we will not be able to obtain residency in Spain ?
OK so first off you ideally REALLY want to have this done and dusted by the Brexit date - end of March 2019!
You are worrying about all of the wrong things. The Spanish authorities will only ask for proof of no criminal record, if you are from OUTSIDE of the EU.
You will need to plan this well in advance -
1)open a non residency bank account - you probably want to do this at least 4-5 months before applying for residency.
1a)you have to "prove income" into your Spanish bank account for the residency application - So once you have moved here start paying your salary every month into this account - give it a reference of "salary and your name".
I know this sounds odd, but the civil servant that you see at your appointment will not be interested in what money you have in a UK bank account or a UK employment contract.
So you need to be able to show, using your Spanish bank account that you can support yourself and will not be a burden. The requirements change in each region of Spain and no where is it clearly documented.
I can tell you my experience in Gandia (just north of Javea) and what my Lawyer suggested (her husband is a policeman and asked the civil servants at the police station)
After your Villa purchase you ideally need at least €6000-7000 savings and be able to show €2000 a month coming into your bank account for at least three months for you and your partner.
These figures are different for a pensioner...
You need to show income for at least three months before applying for residency.
The bank will need to provide you with a certificate to take to the interview for residency - if you have used the term salary and your full name as the money transfer reference each time, it will make it easy for the bank to show your "Salary" on the certificate.
2)Find a good lawyer and give them power of attorney for the house purchase. Your lawyer will then be able to apply for NIE numbers for both of you. Real painful if you try to do this yourself.
You can open the bank account without the NIE, but the bank will need it ASAP.
3)Find and purchase your dream house.
4)Go to your local town hall and get on the Padron - you will need the Padron certificate
5)take out SPANISH private health insurance for the family - It's much cheaper than in the UK - if you are 50 or under with no pre conditions it should be €50 or less a month (each for you and your partner) for excellent coverage.
6)use the services of the Gestor to guide you through the process of what is needed locally for residency. Following the steps above will give you everything you need in a timely manner.
I look forward to your advice..
Ash
Last edited by Smithy73; Apr 20th 2018 at 5:44 am.
Apr 20th 2018 | 5:56 am
#14
Forum Regular
Joined: Mar 2018
Posts: 201
From: Gandia
Re: Spanish Residency Advice
Thankyou for the advice....
Not my Wife (yet) how will this make an impact..?
It would make life a lot easier if you are married. First off you will both need to apply for residency individually - not an issue, but as two single (in the eyes of the civil servant you will see at your appointment) people you will need to prove income individually most likely! Perhaps split your salary into two and make two payments into your Spanish bank account?
Getting married would make things easier! From the point of view that if anything happened to either of you, inheritance tax is easier if you are married (the most important point here!). If you passed away, your (unmarried) partner would be hit with an inheritance tax bill
Regarding going autonomo this sounds fine, i presume i would just invoice the UK company i work for each month and complete the relevant tax forms in Spain..i presume also i would then be on a NIL tax code in the UK..
No you just use the Autonomo status as a vehicle to pay the excess tax and to give you and your wife (plus kids, but you need to get married for your partner to have access on your social security payment) access to the Spanish healthcare system
Many Thanks
Not my Wife (yet) how will this make an impact..?
It would make life a lot easier if you are married. First off you will both need to apply for residency individually - not an issue, but as two single (in the eyes of the civil servant you will see at your appointment) people you will need to prove income individually most likely! Perhaps split your salary into two and make two payments into your Spanish bank account?
Getting married would make things easier! From the point of view that if anything happened to either of you, inheritance tax is easier if you are married (the most important point here!). If you passed away, your (unmarried) partner would be hit with an inheritance tax bill
Regarding going autonomo this sounds fine, i presume i would just invoice the UK company i work for each month and complete the relevant tax forms in Spain..i presume also i would then be on a NIL tax code in the UK..
No you just use the Autonomo status as a vehicle to pay the excess tax and to give you and your wife (plus kids, but you need to get married for your partner to have access on your social security payment) access to the Spanish healthcare system
Many Thanks
