# Qualifying for residency



## Navas (Sep 2, 2012)

First of all, feliz año nuevo! It's been a few months since I last visited the forum.
For the past year or so my partner, David, and I have been toing and froing from the UK to our house in Andalucia, spending roughly alternate months in each country. We have to do this because David still has to work in the UK. In total we spent about five months in Spain. Is it possible to apply for residency on that basis or would we have to be in Spain for a block of three months?
I know the other requirements are proof of sufficient income (not a problem) and health insurance (straightforward to set up, I imagine)


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## Juan C (Sep 4, 2017)

If one *moves to Spain *thus making it *their centre of economic activity *they are required to Register on the EU Citizen Register

The 3 months and the 183 days rules do not apply in such circumstance

So if you decide that is what have/will do then register. 

As you say apart from the income and health cover nothing more is need,


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## Navas (Sep 2, 2012)

The UK will continue to be our 'centre of economic activity' as my partner has his busines there.


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## Juan C (Sep 4, 2017)

Sorry but I do not understand why you asked the question.


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## Alcalaina (Aug 6, 2010)

Is there any particular reason why you want to apply for residency? Brexit concerns, for example?


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## Horlics (Sep 27, 2011)

I understand why the question was asked and I'll be interested to see the responses. The guidance I can find says "all EU citizens planning to reside in Spain for more than 3 months should register", but it doesn't make it clear whether that is a continuous 3 months or broken up.

In my case I have spent up to almost a full six months in Spain in a calendar year but never more than 90 continuous days. I too wonder whether someone who does that can obtain a residency card.

I am going to obtain residency this year and will do a full and continuous 90 days if that's what it takes, but at present I am not sure.


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## Navas (Sep 2, 2012)

Alcalaina said:


> Is there any particular reason why you want to apply for residency? Brexit concerns, for example?


Precisely for that reason.


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## Navas (Sep 2, 2012)

Horlics said:


> I understand why the question was asked and I'll be interested to see the responses. The guidance I can find says "all EU citizens planning to reside in Spain for more than 3 months should register", but it doesn't make it clear whether that is a continuous 3 months or broken up.


Exactly the problem.


Horlics said:


> In my case I have spent up to almost a full six months in Spain in a calendar year but never more than 90 continuous days. I too wonder whether someone who does that can obtain a residency card.
> 
> I am going to obtain residency this year and will do a full and continuous 90 days if that's what it takes, but at present I am not sure.


At the present time it would be difficult for us to make it a continuous block of 90 days. I wish we could. Good luck to you, Horlics!


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## Juan C (Sep 4, 2017)

Navas one can only be resident in one country at a time.


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## Juan C (Sep 4, 2017)

Horlics said:


> .............but it doesn't make it clear whether that is a continuous 3 months or broken up.
> 
> 
> I am going to obtain residency this year and will do a full and continuous 90 days if that's what it takes, .


Horlics Please see my post at No 2,


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## Navas (Sep 2, 2012)

Juan C said:


> Navas one can only be resident in one country at a time.


Maybe, but we do actually reside in both countries. It is our intention to reside more permanently in Spain at a not too distant future date, but with Brexit approaching we are trying to protect our rights in the country which we intend to be our main place of residence.


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## Navas (Sep 2, 2012)

Thank you, normanosborn50.


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## Horlics (Sep 27, 2011)

Navas said:


> Exactly the problem.
> 
> 
> At the present time it would be difficult for us to make it a continuous block of 90 days. I wish we could. Good luck to you, Horlics!


I'll let you know how it goes. I was going to do it last year but for family reasons I've been stuck in the UK for months. I will be back in Spain shortly and will start the process as soon as I get there.


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## Horlics (Sep 27, 2011)

Juan C said:


> Horlics Please see my post at No 2,


The post where you didn't answer the question?

No offence Juan, but you're being as helpful as a poke in the eye.


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## snikpoh (Nov 19, 2007)

Navas said:


> Maybe, but we do actually reside in both countries. It is our intention to reside more permanently in Spain at a not too distant future date, but with Brexit approaching we are trying to protect our rights in the country which we intend to be our main place of residence.


Yes but residing in and being legally resident in (strangely) are two completely separate things.

Having a business outside of Spain has little to do with where you are resident.


Given what I've read so far, I would say that you do NOT yet meet the criteria for declaring yourselves as resident in Spain.

When you move here, different story.


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## xabiaxica (Jun 23, 2009)

It's 90 continuous days for registering as resident.

You should do this if you are, or intend to be in Spain for 90+ days continuously.

This is completely seperate to, & has no links with, tax residency.

However - once you are registered, if you then leave Spain to live elsewhere, you have to 'unregister'.


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## Horlics (Sep 27, 2011)

Thanks XC, that's cleared it up. I had been wondering if one of us could take a couple of days out for a visit back to the UK, but it seems that's not an option. I imagine that once the 90 days are up we can come and go as long as it is for short breaks and holidays.

It's a pain. My wife has a relative visiting the UK from Canada who she wants to see, so would come back for 2 days to do that. She also wants to attend a close friend's birthday. But, with Brexit looming, residency is the most important.


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## chrisnation (Mar 2, 2009)

Michel Barnier, EU Chief Brexit Negotiator, has stated that any Brit 'in an EU country legally, not necessarily registered as a resident but_ legally_ present' will be allowed to stay in that EU country.

Whether countries like Spain, whose bureaucracy is convoluted and inconsistent, area to area and town to town, honour that is something that remains to be seen. Registering as a res will obviously help.


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## snikpoh (Nov 19, 2007)

chrisnation said:


> Michel Barnier, EU Chief Brexit Negotiator, has stated that any Brit 'in an EU country legally, not necessarily registered as a resident but_ legally_ present' will be allowed to stay in that EU country.
> 
> Whether countries like Spain, whose bureaucracy is convoluted and inconsistent, area to area and town to town, honour that is something that remains to be seen. Registering as a res will obviously help.


This is where it gets interesting - what is meant by 'legally resident'?

You actually need to register here (90 day rule etc.) to be here legally so I don't see what's being said.

If you don't register then, in my mind (having read the law) you are here illegally!


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## xabiaxica (Jun 23, 2009)

snikpoh said:


> This is where it gets interesting - what is meant by 'legally resident'?
> 
> You actually need to register here (90 day rule etc.) to be here legally so I don't see what's being said.
> 
> If you don't register then, in my mind (having read the law) you are here illegally!


I sort of agree.

As far as Spain is concerned it's a legal requirement to register. So if you aren't 'legally registered' then you aren't 'legal' as far as Spain is concerned.


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## chrisnation (Mar 2, 2009)

Horlics said:


> Thanks XC, that's cleared it up. I had been wondering if one of us could take a couple of days out for a visit back to the UK, but it seems that's not an option. I imagine that once the 90 days are up we can come and go as long as it is for short breaks and holidays.
> 
> It's a pain. My wife has a relative visiting the UK from Canada who she wants to see, so would come back for 2 days to do that. She also wants to attend a close friend's birthday. But, with Brexit looming, residency is the most important.





xabiachica said:


> I sort of agree.
> 
> As far as Spain is concerned it's a legal requirement to register. So if you aren't 'legally registered' then you aren't 'legal' as far as Spain is concerned.


The bizarre anomaly is that if you have not reg as res after 90 days you are in contravention of 'an administrative procedure' [see below] that declares that you must. BUT, if you are a citizen of an EU country, you can't be thrown out. This caveat operates on the basis that one meets the requirements of the 'certain conditions' for residency. 

The EU Commission's 'Freedom to move and live in Europe' says this [my italics]

The right to reside in another EU country is your fundamental and personal right and is granted to you directly by the Treaty of the Functioning of the European Union. _The right is therefore not dependent on you having fulfilled administrative procedures_

It goes on to say that "if you fail to register your right to reside cannot be terminated if you meet the conditions." And you might be fined "a proportionate and non-discriminatory admin sanction for failing to observe the national rules"

That's what the EU Commission Treaty says. 

One of the aspects of this that really irritates me is the inconsistency rife throughout Spanish bureaucracy in many aspects of Sp life including, as I have learned today, between two offices that deal with residency applications, only a few kilometers apart.


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## xabiaxica (Jun 23, 2009)

chrisnation said:


> The bizarre anomaly is that if you have not reg as res after 90 days you are in contravention of 'an administrative procedure' [see below] that declares that you must. BUT, if you are a citizen of an EU country, you can't be thrown out. This caveat operates on the basis that one meets the requirements of the 'certain conditions' for residency.
> 
> The EU Commission's 'Freedom to move and live in Europe' says this [my italics]
> 
> ...



Well yes, exactly. But after Brexit, Brits won't be EU citizens of course, so at that stage there'd be nothing to stop kicking unregistered Brits out, I should imagine.


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## Williams2 (Sep 15, 2013)

Navas said:


> The UK will continue to be our 'centre of economic activity' as my partner has his busines there.


Just out of interest would you say that your partner has the sort of UK business where he can 'work from home' in
the UK and if so what about going one step further and 'work from Spain'

Assuming it's possible and no other issues over pay, etc it might be the answer - as it would certainly shift his centre of economic
interest and get him on the road to all year round Spanish residency.


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## Navas (Sep 2, 2012)

Williams2 said:


> Just out of interest would you say that your partner has the sort of UK business where he can 'work from home' in
> the UK and if so what about going one step further and 'work from Spain'
> 
> Assuming it's possible and no other issues over pay, etc it might be the answer - as it would certainly shift his centre of economic
> interest and get him on the road to all year round Spanish residency.


Sorry about my very late reply to this thread. He can certainly do a certain amount of work from home but his work is centred around making site visits to buildings such as hospitals, universities, retail premises etc which are all in the UK.


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