Things you need to do to move to Spain before transition period is over
 

Hi my partner and myself want to move out to Spain before the end of the transition period. What would we need to do to be able to do this legally. I have a son that’s lived in Malaga province for 5 1/2 years. Many thanks in advance :)

Re: Things you need to do to move to Spain before transition period is over
 

Welcome to the forum.
Constantly keep up o date with what is posted in the link below. Plus search this forum and watch the official social media channels of the British embassy in Spain.
https://www.gov.uk/guidance/living-in-spain

Re: Things you need to do to move to Spain before transition period is over
 

There are many posts with details of residencia requirements, these may vary a little depending on where you want to locate.

I don't know requirements for Malaga, but a phone call / e mail / visit by your son to the nearest town hall would give you all the info you need.

Re: Things you need to do to move to Spain before transition period is over
 

Go to the official spanish website Lamoncloa. There you will see the latest official update to what happens with Brexit

Re: Things you need to do to move to Spain before transition period is over
 

Thank you for advice. What is the family entitlement? Would having a son there allow me to move to Spain? I can’t seem to find any online that tells me the family rules. Many thanks.

Re: Things you need to do to move to Spain before transition period is over
 

At the moment , while UK remain part of EU can go under your own steam. Later presume the procedure will be similar to other non-EU countries.

If he is a Spanish citizen, not so difficult. If you are over 65 for a foreigner more complicated, need to demonstrate that your son has the economic resources to support you and that during at least the last year has been sending funds to you so showing he can support you.
Look for information on "Reagrupacion familiar "

Re: Things you need to do to move to Spain before transition period is over
 

Thank you. I’ll be 50 years old and sble to work so I assume that would make things easier. If I didn’t make the move before December 31st 2020 would having my son there still make it easier to do. Thanks

Re: Things you need to do to move to Spain before transition period is over
 

I am assuming after 2020 the rules for Non-EU citizens will apply to UK and so commented on what happens today for Non-EU citizens. The Spanish government looks for a degree of dependency when a Spanish resident requests that a family member comes to live with them/ join them in Spain . That is demonstrated by the Spanish resident , in your case your son, sending money to support you. The logic being if he has to support you abroad he can do it also inSpain.
Best to make move before December 2020 but you will need to check all the requirements - enough income to support yourself ( not be a burden on the State ), private healthcare for a year and so on

Re: Things you need to do to move to Spain before transition period is over
 

You will also have to take a Spanish driving test if not already a resident and having started the process of exchange by 31st Jan 2020. You will have 9 months from this date to arrange a test or you will as a Spanish resident not be able to drive with your UK licence.

https://sede.dgt.gob.es/es/permisos-...k/index.shtml#

this is the link to the Spanish site.

and below the UK.gov one which still states you can exchange up to 9 months after brexit day. Im hoping that the Uk one is correct (as we move in July) but I aint holding my breath....

https://www.gov.uk/guidance/driving-...cence-exchange

Re: Things you need to do to move to Spain before transition period is over
 

Thanks Barriej for your reply, but I’ve not started that process as still I’m still in UK, this has been a dream of mine for many years and I guess life and my children’s lives stopped me doing it sooner. I’m just hoping that there’s a way of being able to make the move over there and then make the required changes, but it seems driving may be something that I’ll have to give up :(

Re: Things you need to do to move to Spain before transition period is over
 

Another thing I wanted to ask is my British passport expires in August 2021 so say I came to Spain to live in November or beginning of December 2020 what would I need/ or be best to do about my passport i.e renew before I came? And I’m getting married in August 2020 so if I made the move and my partner stays in England for a while to sort out our property etc would the fact that we were married enable him to come over to live at a later date after the transition period? Many thanks :)

Re: Things you need to do to move to Spain before transition period is over
 

The government web site mentioned earlier in the thread is what you need to give you the answers. Especially now that the withdrawal agreement has been signed off so to say. If you go to that site you can sign up for automatic updates which I get more or less weekly.

Re: Things you need to do to move to Spain before transition period is over
 

Thank you, I also want to ask if you can use your British bank account in Spain?

Re: Things you need to do to move to Spain before transition period is over
 

Yes you can use your uk bank account if you mean credit card or transfers. Obviously you cant use it as proof of income etc. If you move to spain you will need a spanish account for pretty much all Spanish transactions. Technically you arent meant to have a uk account after you stop residing in uk. That means you cant open a new uk account with a spanish address but there appears to be no problem changing your address to s Spanish one. After Brexit we dont know what the situation may be with respect to all this

Re: Things you need to do to move to Spain before transition period is over
 

Thanks, so I wouldn’t be able to keep my current account and change the branch to a Spanish one? I mean assuming they have the same bank there,

Re: Things you need to do to move to Spain before transition period is over
 

Re passports, post transition these may have a validity of no more than 10 years meaning that if you have one with a carry over from a previous then regardless of the expiry date written in it in terms of travel in the EU the expiry date will be 10 years from the date of issue.

New passports being issued reflect that so no more up to 9 month carry overs, at least they will be blue though which I'm sure will be more than sufficient compensation for those who put store by such inane trivialities!

Doubtless there will be those who fail to spot this and turn up at an airport or port with insufficient time left on their passports and are denied boarding as a result.

Re: Things you need to do to move to Spain before transition period is over
 

Carry over has now been abolished as far as I'm aware for renewals? I don't get your point re those that have that a passport has a clear expiry date on it and surely that must be honoured as issues by the country issuing it? The latest information following the signing of the withdrawal agreement is that there will be no requirement for UK citizens to have specific amount of time remaining on a passport to travel in the eu but simply a valid passport. Do you have a link to what you describe ?

Re: Things you need to do to move to Spain before transition period is over
 

This is a screen shot re passport requirements direct from the governments latest update re living in Spain.
https://cimg4.ibsrv.net/gimg/british...ed45630cce.png

Re: Things you need to do to move to Spain before transition period is over
 

Thanks to everybody who’s responded to my questions. I have another one to ask if anyone might have an idea. I’m getting married here in the UK in August so if we’re not able to make the move to Spain before the transition period ends what will be the rules for moving and living in Spain after this time? Would the fact that I have a son who’s a legal resident in Spain allow me and my partner to move there? Many thanks

Re: Things you need to do to move to Spain before transition period is over
 

This is a screen shot from latest government living in Europe thread. For your son to claim you then you would need to prove you are dependent on him?
https://cimg9.ibsrv.net/gimg/british...aeb4a048c7.png

Re: Things you need to do to move to Spain before transition period is over
 

Hi everyone another question that I e been wondering about. Do you have to wait until you e been in Spain for 90 days before you can apply for residency or can you apply after a shorter time? Thank you

Re: Things you need to do to move to Spain before transition period is over
 

You can / are required to apply as soon as you know you will be resident.

Re: Things you need to do to move to Spain before transition period is over
 

you can apply from day 1 if that's what you want to do!

Steve

Re: Things you need to do to move to Spain before transition period is over
 

Before rushing to apply for residency, pause to think about tax implication. When you apply for residency with the intention of staying long-term/permanently, you are considered to be tax resident immediately, and it will cover the entire calendar year, i.e. 1st Jan to 31st Dec 2010. If you are moving now, it doesn't matter so much if you apply in February or May, but if you aren't moving till October or November, by delaying your application for residency till December or even January (you must apply by 30th June to qualify for provisions under the withdrawal act), you can argue that you should be tax resident for 2011, not 2010. This has implication over and above your income tax, such as capital gain tax if you are selling your UK home prior to moving (Spain has no exemption for your main home).

Re: Things you need to do to move to Spain before transition period is over
 

That is not true. Signing on the register of foreigners just gives you the right to stay for more than 90 days it does not automatically make you tax resident although the tax man could infer that you might do so in future. You only become tax resident after to ACTUALLY stay for more than 183 days in the current tax year. When you do stay long enough to be deemed tax resident you do not have to do anything apart from submit a tax return early in the following year. You. Would then automatically be classed as tax resident and expected to submit tax declaration from then on.

IT is an urban myth that signing on the register or, for that matter, the Padrón, automatically makes you tax resident, although it will probably not help your case if the tax man arbitrarily decides you should be paying tax. You can register as a foreigner and leave the country before you hit the 183 day point, come back in due course and still not be tax resident.

As for Spanish CGT on a UK house, if it was your permanent home in the UK and you move to Spain and buy a new permanent residence, assuming you reinvest all of the proceeds of the sale in the new house, you will be exempt from Spanish CGT.

Re: Things you need to do to move to Spain before transition period is over
 

Actually you are a tax residente as soon as you receive residency as you are then considered to have made Spain your chief place of financial interest. This trumps the 183 rule. If you dont believe it phone hacienda and ask! Thd only way you can do this to reduce tax exposure is arrive toward end of year. Use 90 day rule as your holiday time then after December apply for residency.

Re: Things you need to do to move to Spain before transition period is over
 

This is simply incorrect.

I know of several (legal) cases where people are resident in Spain (have green card) and yet are UK tax resident. Hacienda are aware and happy.

Re: Things you need to do to move to Spain before transition period is over
 

Well let's just say that my lawyer told me that as far as the hacienda was concerned if your principal home ( wife , children) are resident in spain then irrespective of time spent in uk the Hacienda will regard your centre of vital interest to be Spain and therefore liable for tax. Once you have residency your lawyer will contact you once a year to remind you of the need for their clients to submit tax returns. Its then up to you and lawyer to thrash out the legality of things

Re: Things you need to do to move to Spain before transition period is over
 

One thing is for sure you cant be resident in two countries

Re: Things you need to do to move to Spain before transition period is over
 

That is perfectly true, but it has little to do with your assertion that just signing on the register immediately makes you tax resident.

Signing on the Padron would be a better indication of residency for tax purposes because you are effectively declaring that your permanent home is in Spain. Signing on the register only indicates that you want to stay for more than 90 days

Re: Things you need to do to move to Spain before transition period is over
 

Sorry but I feel that this Register/ residency thing is word play. It is quite transparent that in asking for a green card you are formally requesting residency if not then the idea of 5 years then automatic permanent residency wouldn't exist.
You cannot be resident in two countries. EU nationals with settled status are deemed UK residents and are required ( unless Payee) to submit tax forms. They can not circumvent that rule by living for example half the year in Poland. And, I am pretty sure all those Brexiteers would be fuming if that was the case

Re: Things you need to do to move to Spain before transition period is over
 

Of course one can be resident in two countries physically. Splitting the year between two or more countries. Tax or fiscal residency is a different matter and that is why there is a dual tax treaty some of which is straightforward i.e 183 day rule however if complicated then authorities in both countries work out and determine your tax residency. There are many on this forum who will be deemed tax resident in Spain yet still pay income tax in the UK I am one of them, anyone with a UK government pension will pay tax on that pension to the UK even though tax resident elsewhere because the dual tax treaty covers that. Are you not confusing citizenship with residency? Spain does not recognise dual citizenship however UK and certain other countries do. So if one takes Spanish citizenship officially they renounce their UK citizenship (I say officially practically they probably don't).

Re: Things you need to do to move to Spain before transition period is over
 

Tax or fiscal residency is a different matter and that is why ...............…. those who can afford to are domiciled in tax havens:demon:

Re: Things you need to do to move to Spain before transition period is over
 

Hi all. So if I came to Spain in say November and stay with my son (temporarily as I’d have no immediate job) what procedure would be best to apply to stay permanently there? Also my partner and I will be married in August 2020 so would that allow him to come and live there with me at a later time say 2021? Thanks

Re: Things you need to do to move to Spain before transition period is over
 

In my opinion If you are coming to spain before the B word i would have all relevant forms downloaded filled in paid for ready to go.have a pre booked appointment at the right police station for the day after i arrived with all photocopies and every relevant piece of information and get things started as soon as possible.

Re: Things you need to do to move to Spain before transition period is over
 

The day after you arrive? Umm...you need a spanish bank account to pay TASA for a start and then you cant just turn up speaking English...it is Spain !!

Re: Things you need to do to move to Spain before transition period is over
 

Reality is you need to get over to Spain now and get some preparation done at least get a Spanish bank account. As you will not be working you will need to ensure you have in that bank account sufficient money to satisfy whichever office you apply for residency through that you have sufficient funds. Another bit of preparation is to find out which office you apply to and what amount held in the bank they deem sufficient, it varies there is no set figure. You will also need some form of proof of address as you will not own property or be officially renting, it may be that a letter from your son saying you will live with him will suffice? If you will not be covered by and have in your possession an s1 for medical cover you will need to have in place full private medical care . Hence if I were you I would come over prior to November and speak with a gestor or someone who can answer such queries and be prepared and ready to act on your behalf in November. In my mind November is leaving it very late but again the gestor could advise you better on that one. As for your partner who by then will be your husband, so long as you are legally resident before 31 Dec then the withdrawal agreement allows for them to join you at a later date.

Re: Things you need to do to move to Spain before transition period is over
 

The Withdrawal Agreement states you have to be resident in Spain by 31st December 2020, but the actual application for residency doesn't have to be in by 30th June 2021. I wouldn't personally leave it that late but try to get it done by 31st December if at all possible. It's quite probable that new procedures of applying for residency will be introduced in stages, and by the end of the year you will be getting your TIE in plastic with photo and biometrics instead of the green paper certificate of registration.

Re: Things you need to do to move to Spain before transition period is over
 

We did ours exactly as suggested. Opened an account online from UK, not an issue to register the day after we arrived!

Re: Things you need to do to move to Spain before transition period is over
 

So you can open a spanish account without being present but can not close said account without presenting yourself with ID in branch where account opened?