Spanish Residency & Brexit
 

Hola Forum members ,
I am planning to register for residency before 31 Dec. 2020, in fact am arriving in Spain in a couple of weeks to start the process. My wife and I are in our 70s but only I will be registering for residency. We have had our property in joint names in Spain for 16 years but never took up residency, just visited for between 1-3 months. Will registering for residency myself pose any problems? Also what documents do I need to present when registering? Is there a likelihood for the residency registeration and application process to be extended bearing in mind the Covid19 issues in Spain which has put paid to many people's plans for applying for residency? Surely the Spanish authorities must take the situation into account. Stay safe everyone.

Re: Spanish Residency & Brexit
 

IMHO, there is no chance of it being extended.

Why would your wife not register - it's a legal obligation if she is living here with you.

The only big change will be that you and your wife will (in all possibility) become tax resident in Spain and not the UK

The requirements are well documented in CAB Spain

Re: Spanish Residency & Brexit
 

My wife wants to retain he UK residency, hence not wanting to register in Spain.

Re: Spanish Residency & Brexit
 

If she does not register, she will only be able to stay for 90 days in any 180 day period. She will also be deemed as tax resident in Spain because you will be a Spanish tax resident.

Re: Spanish Residency & Brexit
 

She can't retain UK residency just by not taking Spanish residency. She can only retain it if she is genuinely a UK resident i.e. that is where her home is, where she pays tax, where she spends most of her time etc.

Re: Spanish Residency & Brexit
 

Thanks, Fred & Christmasoompa, for your responses.

Perhaps I should have elaborated. My wife will continue to reside in the UK and use the up to 90 day permissible stay in Spain as and when. Would this still deem her "resident for tax purposes" because her spouse (myself) will be Spanish resident? I will of course remain in Spain until I get my Residency Card and subsequently check the rules on length of stays permissible outside Spain. If both sides allow, we intend to spend time in Spain & the UK.

Re: Spanish Residency & Brexit
 

Hi ValTay, No one,least of all the British Govn.seems to have a clue about exactly what will happen to British Nationals,resident or non-resident,after Brexit.For those who say that people came before Spain joined the EU & it was all hunky dory & will be again after WE leave,I can only say that my family was here at that time but we owned a legitimate business,& it was not quite that way as the Spanish made up the rules as they went along & there was no one(like an MEP) to argue the case for us.I would think in your situation,your spouse living apart from you for most of the year,the Spanish MAY find that rather a strange arrangement & perhaps it is for some kind of financial gain.And just perhaps they then could be losing out on some taxable income?Only my thoughts though.

Re: Spanish Residency & Brexit
 

The territory ahead will be full of pitfalls !

Re: Spanish Residency & Brexit
 

I asked a legal advisor on this a couple of years ago as I made my self resident and lived in Spain while my wife worked in the UK due to pension age changes, the reason we did that was in hope of protection for her to join me which worked out per the WA. I was told that as I am resident and living in Spain then Spain could presume my wife to also be tax resident. However as she was living in our UK house owned by us and paying full UK tax on her income and certainly in Spain less than the 183 day qualifying period then if queried it would easily be proved she was in fact UK resident. We of course also ensured we paid her proportion of the non resident tax on our spanish property. I am not disagreeing with anything said or saying what we did was correct. Just the advise we followed I declared and paid my Spanish tax that was required etc. My wife has now joined me and is in the process of obtaining residency.

Re: Spanish Residency & Brexit
 

Firstly I would think there is little chance of the time limit on obtaining residency being lengthened unless the UK asks to extend the implementation period, which they have said they will not do. So I would suggest you get started applying ASAP. In relation to documentation we have just done this for my wife we simply followed this link which I have attached. We did it ourselves due to the sudden change to TIE card and fact that at the time no gestor seemed interested or had any better knowledge of the procedure than us. We have to apply to Málaga Immigration Office and main police station. The link I have attached explains exactly what you need and the procedure. However be prepared that no one will speak any English. If you complete the forms online and print them off ensure you have correct paperwork including copies of everything, then there is in fact little actual conversation. That said we had to initially arrange the first appointment at immigration office by phone in Spanish, I could do that luckily. Also you need to be able to speak sufficient Spanish to get through security etc to speak with the person who will submit your forms and be able to answer any questions if asked for clarification. If you can't then employ a gestor as they are now up to speed with the new system and seem to have appointments expect to pay them around 200 Euros + for their service.
https://www.costablancaforum.com/are...part-1-107067/

Re: Spanish Residency & Brexit
 

A wife can be “deemed” to be tax resident if her spouse and family live in Spain. However, if she can prove that she is legally resident and paying UK tax, I doubt that the Spanish tax office would have a problem with that. Having a UK certificate of tax residency (if that is possible) in the unlikely event that they would pick you up on it, could be a good idea.

Re: Spanish Residency & Brexit
 

Bobd22, thanks for the link. Browsed through it but regards documents to be presented at registration, I was not able t see anything about providing proof of healthcare i.e. the S1 form or healthcare insurance or is this not required for UK pensioners who are registering or does it need to be presented at a later stage? Also do i have attend the registration office in person or can I register online using the Electronic signature system ( how do I apply for the Digital Signature? ) Am I barking up the wrong tree here?

Fred, I would think you are right regards the tax side of things. My wife is a pensioner receiving a UK state pension. Spanish authorities shouldn't worry.

Re: Spanish Residency & Brexit
 

Be careful. You cannot move any assets between yourself and wife if you live in spain as gifts are all taxed. Well you can but unlike uk all movements are taxable) This could be s problem if you own joint assests ( properties) further down the line.

Re: Spanish Residency & Brexit
 

The first phase with Form EX 20 at your regional Extranjero Office you will need to show them evidence of sufficient income and healthcare if you are a pensioner that's the S1 or full private health care. They will check that both those 2 things comply you also need passport and copy NIE etc if you have it and padron if you have signed it. They say that they then give you a receipt and later send you authorisation to apply to Police Station for fingerprinting etc so that a card can be issued. However when we did it the Extranjero office gave us the authorisation straight away. You then fill in form ex 23 and complete the form 790-12 and take it to bank for payment and stamping the payment is 12 Euros. Then make an appointment at National Police station and attend with ex 23 stamped form 790-12 passport and copy and photograph 32mm X 26mm and authorisation letter from Extranjero Office. They will take the documentation and photograph you. Then they inform you when you can collect the card to collect it you must take your passport. That is stage we are at for my wife awaiting letter/email to say we can collect the card. The 2 phases for us took 6 days from booking appointment for phase 1 to completing fingerprints etc Phase 2. I don't know how long for collecting card. You must be present for both phase 1 ,2 and collection in person. In have no idea re electronic signature part we booked our appointment at Extranjero office phase 1 (Málaga) by phone no other way off doing that. Phase 2 at police station we booked online from official site.

Re: Spanish Residency & Brexit
 

Heres a link for the forms you require
PORTAL DE INMIGRACIÓN. Modelos generales

Here's a link for booking citia previa (appointment) at Extranjero Office and Police Station
https://sede.administracionespublica...lus/index.html