Notdunroamin

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.

bobd22

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 ?

bobd22

This is a screen shot re passport requirements direct from the governments latest update re living in Spain.

HelenH70

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

bobd22

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?

HelenH70

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

missile

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

tebo53

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

Steve

Joppa

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).

Fred James

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.

Chipmonk

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.

snikpoh

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.

Chipmonk

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

Chipmonk

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

Fred James

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