# Proof of Non Residence



## flunky54 (Apr 21, 2014)

Hi Everyone,

We are trying to figure out how you provide proof of Non Residence as our bank (Santander) has been blocked. We went over to Spain to find out and were told that we now have to provide proof every year that we pay tax in the UK, the only question is how? I went to the Spanish embassy in London with my NIE card and asked which forms I need to fill in but was told to go away as I was a Spanish resident even though we both live in the UK? so I would appreciate any help please


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## snikpoh (Nov 19, 2007)

flunky54 said:


> Hi Everyone,
> 
> We are trying to figure out how you provide proof of Non Residence as our bank (Santander) has been blocked. We went over to Spain to find out and were told that we now have to provide proof every year that we pay tax in the UK, the only question is how? I went to the Spanish embassy in London with my NIE card and asked which forms I need to fill in but was told to go away as I was a Spanish resident even though we both live in the UK? so I would appreciate any help please


Have you asked HMRC for a document stating you are paying taxes in UK (or even a copy of your tax returns etc.)?


What NIE card do you have - maybe that's the issue. If you have the green card, this is proof that you have signed on the list of foreigners as a resident.


Was the NIE printed on a white A4 sheet? 

If not then you may have already shot yourself in the foot!


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## flunky54 (Apr 21, 2014)

Thanks Snikpoh for the reply, yes you are correct I have a green NIE card, I thought it was strange as we both had A4 ones before, so a visit to the police station to get it changed then? Is there anyone else I need to tell if I am a "resident" although I'm not?

As for HMRC, is that just a straight request for some form of proof or are there many hoops to jump through first?

Thanks


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## snikpoh (Nov 19, 2007)

flunky54 said:


> Thanks Snikpoh for the reply, yes you are correct I have a green NIE card, I thought it was strange as we both had A4 ones before, so a visit to the police station to get it changed then? Is there anyone else I need to tell if I am a "resident" although I'm not?
> 
> As for HMRC, is that just a straight request for some form of proof or are there many hoops to jump through first?
> 
> Thanks


There is no such thing as a "green NIE card" - there is a green card showing you have signed on the list of foreigners (aka 'residencia') which also shows your NIE (as do many other cards/documents).

So, you are deemed resident as you have 'signed-on' - hence your problem!

If you truly are *not *in Spain for periods in excess of 90 days at a time or 183 days in total (per calendar year), then you need to fill in form EX18 again but to de-register.


Having said all that, it's quite possible to be resident here but not be tax-resident.



I would de-register and ask HMRC to write confirming that you are paying tax in UK as a UK tax resident.


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## Campesina (Dec 17, 2011)

See if you can persuade HMRC to give you one of these:


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## gus-lopez (Jan 4, 2010)

A Spanish national working out of the country does not have to prove that he is tax resident elsewhere ?


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## Williams2 (Sep 15, 2013)

snikpoh said:


> There is no such thing as a "green NIE card" - there is a green card showing you have signed on the list of foreigners (aka 'residencia') which also shows your NIE (as do many other cards/documents).
> 
> So, you are deemed resident as you have 'signed-on' - hence your problem!
> 
> ...



Just out of interest, what would be the correct procedure for making yourself Non Resident Spain and Resident UK -
bearing in mind a number of caveats below, as no doubt the procedure varies
depending on whether you worked or not ( eg retired ) during your period of residence in Spain.

1. Sign off the Padron. 
Simple if your leaving Spain for good - but lets say you want to keep the apartment you own or rent in Spain.
Can you still sign off the Padron under such circumstances ?

2. Fill in form EX18 to de-register your Green residencia card. Simple enough.

3. Can you keep your NIE - as I assume like your UK National Insurance number the NIE could be
for life - so lets assume I've worked a number of years in Spain before
returning to the UK and have Spanish bank accounts etc with my NIE ingrained in
the Spanish Tax office, Social Security Systems, etc.
I assume that there's no quibble here - you keep your NIE despite you becoming
non Resident Spain and Resident back in the UK again.

4. Settle all your outstanding Spanish bills, notify the landlord of your departure,
notify the Utility companies your leaving etc. Although if your retaining your Spanish
apartment, no doubt you just pass on your new British address for the bills.
While doing all this - lets say I'm quite happy with my Spanish bank, in fact so much so that I feel
it would be in my best interest ( holidays in Spain, bill payments, or who knows, if
ever I should return to Spain after I retire ) Therefore can I retain my Spanish bank
account and still use it, after becoming Non Resident Spain and Resident UK.
Perhaps the only draw back being any annual non resident fee, maybe ??

5. Perhaps I need a letter from the Spanish tax office, declaring that I will no longer
be paying tax in Spain as I intend to live in the UK again ?

6. As for making yourself Resident UK - you no doubt just wait until you tick all the
boxes in the Gov.UK website, residency test ( 183 days etc ) and centre of economic interest
( work, pension, house, savings etc ) before becoming a fully fledged UK resident again.

7. I will not bother asking questions about any British right hand drive car - now on
Spanish plates, tax, insurance and everything. Except that I assume, I can quite
legally drive it in the UK for the first 6 months before converting it back to UK
plates or simply sell it and buy a British car before my 6 months are up.


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## snikpoh (Nov 19, 2007)

Williams2 said:


> Just out of interest, what would be the correct procedure for making yourself Non Resident Spain and Resident UK -
> bearing in mind a number of caveats below, as no doubt the procedure varies
> depending on whether you worked or not ( eg retired ) during your period of residence in Spain.
> 
> ...



some answers above.


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## xabiaxica (Jun 23, 2009)

As far as the car is concerned - you have to start the importation process within 2 weeks of taking the car into the UK.

https://www.gov.uk/importing-vehicles-into-the-uk/overview


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## Williams2 (Sep 15, 2013)

xabiachica said:


> As far as the car is concerned - you have to start the importation process within 2 weeks of taking the car into the UK.
> 
> https://www.gov.uk/importing-vehicles-into-the-uk/overview


I suppose this part really depends on - which way you want to play it. For as soon as you set foot in the country
you are Non Resident UK ( with the customary 6 month wait before being deemed a fully fledged UK resident )
As you could say - well I'm only here for a while - to take care of my elderly parent.
Therefore the temporary imported car rules apply ( obviously you hang onto your green card ) while you settle
into the UK and gradually move your stuff across from Spain back to the UK.

Then before the 6 months are up and you move the last of your belongings back to the UK & perhaps sell off
your Spanish car in Spain, to buy a new British registered car in the UK - you pop into the Spanish police
station - to de-register your Green residencia card.

Also this makes for a nice demarcation line - as I like demarcation lines where you cease to be a Spanish 
resident on a certain date and you almost immediately become UK resident the following day once your 6 months
presence in the UK arrives.


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