# Shock! I missed the updates re Brexit and thought I had 6 months grace in Spain



## manuka (May 26, 2014)

I have just found out that I only have 3 weeks to sort out registration to remain in Spain or get deported....I thought I had 6 months from arrival in Spain- this was all based on research over the period of UK house sale from Sept 2021 and the fact that my husband is an Eu citizen. Everything we read over that time, said I had the same rights as him- that changed I now understand, in the period when we were overwhelmed with house sale / planning to emigrate. Finally the house sale finalised in Feb 2022 when we then went to Spain. 

Actually the thread on Driving Licence exchange that woke us both up to this situation...I am speaking to an immigration lawyer tonight. I receive a UK state pension. The lawyer dealing with the house purchase in Spain ( which culminates the same time as my 90 days runs out) told me if the time runs out and I do not have an S1, to prove UK will honour any health care, I will have to get a private health insurance which he said would be very expensive. Finally after ringing NHS and holding on for one hour an nice man negotiated with the bureaucrats and my S1 will be emailed to me.


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## kaipa (Aug 3, 2013)

So it looks like you have not entered with a visa but as the spouse of a EU national. If your husband has registered in Spain you should be able to get residency through him. They wont deport you but you need to wait until you have your residency card before travelling or else you will be in trouble. You should also be aware that you might face Capital Gains Tax on your house sale if it was in February as the Spanish tax year start in January til December so any profit you made will need to be declared in the 2022 Spanish tax declaration.


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## xabiaxica (Jun 23, 2009)

There never was 6 months 'grace'.

The EU citizen spouse has to register as resident within 90 days, & the non-EU spouse applies for right to residency as their spouse, also within 3 months of arrival.

Once the application is in progress, the non-EU spouse can stay until the application has been processed.

If not successful, I believe the applicant is given a couple of weeks in which to leave - although there is also an appeal process.


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## manuka (May 26, 2014)

The house sale was in UK not Spain so .....


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## kaipa (Aug 3, 2013)

manuka said:


> The house sale was in UK not Spain so .....



Unfortunately the place of sale is irrelevant. Once you become a resident you will be a tax resident too. If you had made the sale at the latter part of the year then you might have been able to claim to have been in Spain for less that 183 days so possibly avoiding any tax burden. As it is, it doesn't matter if the sale was before you moved - it exists in this Spanish tax year. If you made a sizeable profit on the sale and haven't invested all of it in your Spanish property then you really need some professional advice as, depending on profit, you could have a large tax bil. If that is the case, and you would like to avoid it then I would return to UK and then come back to Spain toward the end of the year. As your husband is a EU national you will still be able to get residency quite easily but also be able to hold on to your money.


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## Joppa (Sep 7, 2009)

kaipa said:


> If you made a sizeable profit on the sale and haven't invested all of it in your Spanish property then you really need some professional advice as, depending on profit, you could have a large tax bill.


If you are a pensioner (aged 65+), then capital gain on your principle home is exempt from tax.


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## kaipa (Aug 3, 2013)

Joppa said:


> If you are a pensioner (aged 65+), then capital gain on your principle home is exempt from tax.


Ahh...didn't know that.


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## Joppa (Sep 7, 2009)

kaipa said:


> Ahh...didn't know that.


I was told this by my gestor last week.


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## manuka (May 26, 2014)

Joppa said:


> If you are a pensioner (aged 65+), then capital gain on your principle home is exempt from tax.


This is my situation...thankfully..


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## manuka (May 26, 2014)

kaipa said:


> Unfortunately the place of sale is irrelevant. Once you become a resident you will be a tax resident too. If you had made the sale at the latter part of the year then you might have been able to claim to have been in Spain for less that 183 days so possibly avoiding any tax burden. As it is, it doesn't matter if the sale was before you moved - it exists in this Spanish tax year. If you made a sizeable profit on the sale and haven't invested all of it in your Spanish property then you really need some professional advice as, depending on profit, you could have a large tax bil. If that is the case, and you would like to avoid it then I would return to UK and then come back to Spain toward the end of the year. As your husband is a EU national you will still be able to get residency quite easily but also be able to hold on to your money.


Thank you for the info, very useful for people to know this


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## manuka (May 26, 2014)

This article also shows there is confusion over this not just for me:



https://www.citizensadvice.org.es/schengen-90-days-in-180-day-ruling-for-non-eu-spouses-of-eu-citizens/



*Schengen 90 days in 180 Day Ruling for Non EU Spouses of EU Citizens*

2021*April*16th

CAB Spain has been in contact with the EU Commission on this subject.
Our consideration has always been that if a EU citizens has chosen to take up Freedom of Movement rights and moved or travels to another state that is not his/her own, they should not have their movement restricted due to the restriction of movement of an non EU spouse. Simplified “if your non EU spouse is regulated under the 90 days in 180 day ruling, the EU would be restricting the Freedom of Movement of the EU spouse.”
We have also advised citizens who have asked us about this to contact the European Commission for a resolution. The first responses were vague and not satisfactory


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## kaipa (Aug 3, 2013)

manuka said:


> This article also shows there is confusion over this not just for me:
> 
> 
> 
> ...



CAB is not the same as the UK one. It is basically a private site that will direct you to affiliated lawyers if you need advice or help. It is not backed by the UK government. That said it is not altogether bad but it does tend to suggest things that turn out to be wrong. It made a terrible mistake insisting that universal healthcare was applicable to expats suggesting they cancel their healthcare and convenio and demand free-healthcare from the various ayuntamiento. I heard them on a radio programme insisting that you print off the decree and take it to the Central Salud and wave it in their faces. Unfortunately the decree does not include expats but only those with no means for healthcare and are essentially illegal immigrants. Since that debacle CAB have been totally silent- and it would have been nice if they admitted they were wrong.


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## kaipa (Aug 3, 2013)

kaipa said:


> CAB is not the same as the UK one. It is basically a private site that will direct you to affiliated lawyers if you need advice or help. It is not backed by the UK government. That said it is not altogether bad but it does tend to suggest things that turn out to be wrong. It made a terrible mistake insisting that universal healthcare was applicable to expats suggesting they cancel their healthcare and convenio and demand free-healthcare from the various ayuntamiento. I heard them on a radio programme insisting that you print off the decree and take it to the Central Salud and wave it in their faces. Unfortunately the decree does not include expats but only those with no means for healthcare and are essentially illegal immigrants. Since that debacle CAB have been totally silent- and it would have been nice if they admitted they were wrong. So I would not take everything they say as gospel as they do tend to take a rather combative approach to interpreting Spanish legislation that they personally see as unfair for Brits.


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## manuka (May 26, 2014)

Registering your non-EU family members in another EU country - Your Europe


Where and how to register your non-EU family members with authorities in another EU country after the first 3 months; documents you need to get a residence card.




europa.eu




During their *first 3 months* in your host country, your family members who are not EU nationals *cannot be required to apply for a residence card* confirming their right to live there - although in some countries they may have to report their presence upon arrival.

*After 3 months* in your host country, *your non-EU family members must register* their residence with the relevant authorities (often the town hall or local police station). 

To obtain a *residence card*, they will need:


a valid passport
your registration certificate as an EU national or any other proof of your residence in the country
proof of the family relationship with you (such as a marriage or birth certificate)
for (grand)children, proof they are under 21 or dependent on you
for (grand)parents, proof that they are dependent on you
for other family members, proof that they are dependent on you or there are serious health ground requiring you to take personal care of them
for unmarried partners, proof of a long-term or durable relationship with you
*Warning*
No other documents may be requested
The authorities should make their decision to issue a residence card or not *within 6 months*. If they do not do so, you can call on our assistance services. In any case, *your non-EU family members cannot be expelled if their visa expired while their application is being processed*.

If their *application is rejected*, the authorities must give them the decision in writing, stating the grounds for the decision and its implications, and specifying how your relatives/partner can *appeal* and by when.

If their *application is accepted*, the *residence card* will often be issued *free of charge*. If fees are charged, they may not be more than those charged to nationals for similar documents, such as identity cards.

The document should clearly state that it is the *residence card of an EU national family member*.

The residence card should be *valid for 5 years* (or for your planned length of stay, if shorter). Any *change of address*may need to be reported to the authorities.

Your family members may use their residence card to travel to another EU country but if they want to *move to another EU country*, they have to *apply for another residence card* in the new host country. And as long as they are dependent on you, you have to move with them.


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## MataMata (Nov 30, 2008)

manuka said:


> This is my situation...thankfully..


I'd rather read it on an official Spanish source than trust a Gestor! 

If true it must be out there and of course there is nothing to stop you asking at the tax office yourself.


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## kalohi (May 6, 2012)

MataMata said:


> I'd rather read it on an official Spanish source than trust a Gestor!
> 
> If true it must be out there and of course there is nothing to stop you asking at the tax office yourself.


Here it is:

Agencia Tributaria: Información - Transmisión de la vivienda habitual por mayores de 65 años o por personas en situac...


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## kalohi (May 6, 2012)

kalohi said:


> Here it is:
> 
> Agencia Tributaria: Información - Transmisión de la vivienda habitual por mayores de 65 años o por personas en situac...


Click top right corner and you can change it to English.


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## manuka (May 26, 2014)

kalohi said:


> Here it is:
> 
> Agencia Tributaria: Información - Transmisión de la vivienda habitual por mayores de 65 años o por personas en situac...


Thankyou kalohi


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