# Dreams Shattered



## Veronica6016 (Nov 30, 2020)

Hi I have a very odd problem any advice be grateful. My husband resides in Spain has done for 5 years, he is older than me but I only go out now and again cos of working am in UK. The plan was for me to reitre this year and live full time with him in Spain. This Summer 2021 was the point of moving for me. He has got Residency now with Brexit but how do I now obtain it? He owns the house has the bank account in his name and I live here with a house which was to be sold to give more income in Spain. I can see a situation he will live there full time and I will only be able to go out to be iwth him 90/180 days at a time because I won't be able to claim Residency? Thanks any information be grateful.


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## proud.to.be.EUROPEAN (Feb 14, 2020)

You can join him anytime and become resident too, as long he remains registered resident and you're still married.


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## incatalunya (Nov 16, 2020)

Yes. Spain allows family reunion.


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## kaipa (Aug 3, 2013)

You will be able to get residency anytime as you are married as others have said. However you will only get it if Spain is your primary home. You cant get it if you have UK as your primary home


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## lesley haynes (Nov 30, 2020)

Veronica6016 said:


> Hi I have a very odd problem any advice be grateful. My husband resides in Spain has done for 5 years, he is older than me but I only go out now and again cos of working am in UK. The plan was for me to reitre this year and live full time with him in Spain. This Summer 2021 was the point of moving for me. He has got Residency now with Brexit but how do I now obtain it? He owns the house has the bank account in his name and I live here with a house which was to be sold to give more income in Spain. I can see a situation he will live there full time and I will only be able to go out to be iwth him 90/180 days at a time because I won't be able to claim Residency? Thanks any information be grateful.


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## lesley haynes (Nov 30, 2020)

Be sure to sell your UK home in the year before you take up Spanish residency in order to avoid paying Spanish Capital Gains Tax on you British home, which would presumably be tax free in the UK as your principal residence. If you wish to keep it, just be aware that its eventual sale will e taxable in Spain.


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## MataMata (Nov 30, 2008)

kaipa said:


> you will only get it if Spain is your primary home. You cant get it if you have UK as your primary home


Those are two factual statements but not connected in the way suggested. 

Linking them literally in that way means that anyone who had a home in UK and living in it would never ever be able to move to Spain or anywhere. 

"you will only get it if Spain is your primary home"

What's considered a primary home is one or more of the following. 

Where you live, where you spend the majority of your time, where your center of financial interests are, and where you actually consider home. It's been succinctly described as 'where your family photos sit on the mantlepiece' 

The key word is 'move' and it follows that if you were to move to Spain, metaphorically bringing your 'family photos' with you, then Spain becomes your primary home.

In short then, if the plan is to move to join your husband on a permanent basis your "odd problem" is not a problem at all!


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