# 90 days



## rangitoto (Apr 25, 2011)

i keep reading that if you live in spain for longer than 90 days that you have to register for padron ect but if you fly back to the uk say for one day then back to spain does the first day of the said 90 days start all over again ie go back to the uk every 90 days


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## xabiaxica (Jun 23, 2009)

rangitoto said:


> i keep reading that if you live in spain for longer than 90 days that you have to register for padron ect but if you fly back to the uk say for one day then back to spain does the first day of the said 90 days start all over again ie go back to the uk every 90 days


not quite

if you are living in Spain for 90 days / 3 months or more, you are required to register as resident - & yes, that can be reset by leaving the country for just one day (though you'd have to prove it if challenged) 


that's not the same as registering on the padrón - you do that if you are resident - but only if you spend the majority of time in Spain - either full time or more than 6 months a year

take a look at the http://www.expatforum.com/expats/sp...-living-spain/2725-faqs-lots-useful-info.html


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## baldilocks (Mar 7, 2010)

xabiachica said:


> not quite
> 
> if you are living in Spain for 90 days / 3 months or more, you are required to register as resident - & yes, that can be reset by leaving the country for just one day (though you'd have to prove it if challenged)
> 
> ...


and if you are here for more than 90 days you will be deemed to be resident whether you register or not although, quite what the penalties might be for failing to register, nobody is quite sure.


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## xabiaxica (Jun 23, 2009)

baldilocks said:


> and if you are here for more than 90 days you will be deemed to be resident whether you register or not although, quite what the penalties might be for failing to register, nobody is quite sure.


a fine if you're caught, apparently, though I don't know anyone it has happened to


but only if you haven't _tried.............._


there were quite a few in my area last year who had visits from the police - they were either on the padrón but not registered as resident, or registered & not on the padrón - they were given 7 days to 'regularise their situation'


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## KIP1958 (Aug 2, 2014)

I may be wrong here, and some one correct me if I am but,

I believed it was possible to register as a non resident, if you stay longer than 90 days but less than the 183 days at which point you become fiscally resident?


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## baldilocks (Mar 7, 2010)

KIP1958 said:


> I may be wrong here, and some one correct me if I am but,
> 
> I believed it was possible to register as a non resident, if you stay longer than 90 days but less than the 183 days at which point you become fiscally resident?


Two different animals. One can be resident but not fiscally resident. One doesn't register either as non-resident or fiscally resident. 

The authorities deem you to be either, however, once you have passed the certain milestone, at which you are deemed to be resident, you are required to register, just as once you pass the milestone at which you are deemed to be fiscally resident, you are required to submit tax returns on your world-wide income including that which might be acquired and taxed elsewhere.


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## KIP1958 (Aug 2, 2014)

baldilocks said:


> Two different animals. One can be resident but not fiscally resident. One doesn't register either as non-resident or fiscally resident.
> 
> The authorities deem you to be either, however, once you have passed the certain milestone, at which you are deemed to be resident, you are required to register, just as once you pass the milestone at which you are deemed to be fiscally resident, you are required to submit tax returns on your world-wide income including that which might be acquired and taxed elsewhere.


Thanks, Baldilocks.

So if you winter in Spain, you register as a resident, then de-register when you leave.

What happens in that situation if you have a UK registered car. Surely you dont need to have it matriculated if you are only staying for 5-6 months?


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## rangitoto (Apr 25, 2011)

the reason i asked this correct me if i am wrong but to get the padron do you have to have the required income and also private medical cover so if you cannot afford the medical cover and you want to stay longer than the 90 days is it easier to jump on a plane come back and start the 90 days again


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## xabiaxica (Jun 23, 2009)

rangitoto said:


> the reason i asked this correct me if i am wrong but to get the padron do you have to have the required income and also private medical cover so if you cannot afford the medical cover and you want to stay longer than the 90 days is it easier to jump on a plane come back and start the 90 days again


no - you're getting it all confused

have a look at the first post here http://www.expatforum.com/expats/sp...-living-spain/2725-faqs-lots-useful-info.html



& there's a document there about the padrón as well


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## rangitoto (Apr 25, 2011)

have a right to reside in Spain for a period of longer than three months if they meet the conditions laid down in Article 7 of Royal Decree 240/2007, of 16 February 2007, on entrance, free movement and residence in Spain of Nationals of European Union member states and of other states party to the Agreement on the European Economic Area. But what happens if you do not meet the requirements do you have to leave after 90 days and yes we are on the padron


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## xabiaxica (Jun 23, 2009)

rangitoto said:


> have a right to reside in Spain for a period of longer than three months if they meet the conditions laid down in Article 7 of Royal Decree 240/2007, of 16 February 2007, on entrance, free movement and residence in Spain of Nationals of European Union member states and of other states party to the Agreement on the European Economic Area. But what happens if you do not meet the requirements do you have to leave after 90 days and yes we are on the padron




if you don't meet the requirements they won't allow you to register - & without that bit of paper/card you'll be limited as to what you can do - & could be fined for not registering - but it's highly unlikely that you'd be deported

the income & healthcare requirements aren't particularly difficult to meet though


I imagine that you already live here if you're on the padrón?


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## baldilocks (Mar 7, 2010)

KIP1958 said:


> Thanks, Baldilocks.
> 
> So if you winter in Spain, you register as a resident, then de-register when you leave.
> 
> What happens in that situation if you have a UK registered car. Surely you dont need to have it matriculated if you are only staying for 5-6 months?


I don't know about de-registering or even if it is possible. 

If you have a UK registered car, you have, now, one month (used to be three), from when you become a resident to get it matriculated. Assuming you take the full 90 days before registering (or being deemed to be resident) plus one month means you have to matriculate the car within 4 months of arrival. Bear in mind, matriculating may also mean that you have to pay import duties and or VAT depending on its value and how long you have owned it plus of course, the costs of matriculating, ITV, etc. The vehicle will, until it has been matriculated and is on Spanish plates, still have to be street-legal in its country of registration (for UK vehicles, that means have and display a valid VEL disk [until new rules come into force but even then will still have to have a valid VEL], have a valid MoT and insurance).


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## xabiaxica (Jun 23, 2009)

baldilocks said:


> I don't know about de-registering or even if it is possible.
> 
> If you have a UK registered car, you have, now, one month (used to be three), from when you become a resident to get it matriculated. Assuming you take the full 90 days before registering (or being deemed to be resident) plus one month means you have to matriculate the car within 4 months of arrival. Bear in mind, matriculating may also mean that you have to pay import duties and or VAT depending on its value and how long you have owned it plus of course, the costs of matriculating, ITV, etc. The vehicle will, until it has been matriculated and is on Spanish plates, still have to be street-legal in its country of registration (for UK vehicles, that means have and display a valid VEL disk [until new rules come into force but even then will still have to have a valid VEL], have a valid MoT and insurance).


yes, you can & should de-register when you no longer live in Spain


unless I've missed it - the new rules about cars haven't yet come in, so atm you would have a total of 6 months (3 months to register yourself & 3 months to rematriculate the car)


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## KIP1958 (Aug 2, 2014)

xabiachica said:


> yes, you can & should de-register when you no longer live in Spain
> 
> 
> unless I've missed it - the new rules about cars haven't yet come in, so atm you would have a total of 6 months (3 months to register yourself & 3 months to rematriculate the car)


Thanks xabiachica.

What are the new rules about cars? Have you a link?


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## rangitoto (Apr 25, 2011)

yes we live in spain


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## xabiaxica (Jun 23, 2009)

KIP1958 said:


> Thanks xabiachica.
> 
> What are the new rules about cars? Have you a link?


it's what baldilocks was saying - you will have just one month from registering as resident in which to rematriculate your car

there's a link in the driving section of http://www.expatforum.com/expats/sp...-living-spain/2725-faqs-lots-useful-info.html


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## xabiaxica (Jun 23, 2009)

rangitoto said:


> yes we live in spain


just checking 

a worrying number of people have been told that they should register on the padrón if they own property here, even if they don't live here at least most of the year


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## KIP1958 (Aug 2, 2014)

xabiachica said:


> it's what baldilocks was saying - you will have just one month from registering as resident in which to rematriculate your car
> 
> there's a link in the driving section of http://www.expatforum.com/expats/sp...-living-spain/2725-faqs-lots-useful-info.html


One month?

Surely that is not in line with EU regulations where you have 6 months use of a non Spanish registered car in a 12 month period?


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## xabiaxica (Jun 23, 2009)

KIP1958 said:


> One month?
> 
> Surely that is not in line with EU regulations where you have 6 months use of a non Spanish registered car in a 12 month period?


as a non-resident

not as a resident


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## rangitoto (Apr 25, 2011)

Access to benefits and social care
You must be on the padrón for a certain period of time in order to access some income-related benefits and other aspects of social care available through social services at your town hall. i thought that we were not supposed to be a burden on there welfare system


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## KIP1958 (Aug 2, 2014)

xabiachica said:


> as a non-resident
> 
> not as a resident


That sounds like a catch 22.

I don't want to be a resident as I just want to winter in Spain.

I have to be a resident because of the 90 rule.

Then I have to matriculate my car after 1 month later, but I don't want to use it in Spain for more than 6 months? and it would be in the UK for March to October?
I thought being an EU member was supposed to be an advantage?

When do these new rules apply from, they seem to fly in the face of EU legislation?


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## xabiaxica (Jun 23, 2009)

rangitoto said:


> Access to benefits and social care
> You must be on the padrón for a certain period of time in order to access some income-related benefits and other aspects of social care available through social services at your town hall. i thought that we were not supposed to be a burden on there welfare system



anyone who is working here would be able to access these benefits


also, anyone resident for 10 years may be able claim a non-contributory pension, and pensioners of any nationality can in some areas get cheap bus passes, discounts on utilities & so on - different aytos have different 'offers' 

for instance, in my town, anyone on the padrón can use an indoor swimming pool in a nearby town at a discounted price, due to an agreement between the two towns


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## baldilocks (Mar 7, 2010)

KIP1958 said:


> That sounds like a catch 22.
> 
> I don't want to be a resident as I just want to winter in Spain.
> 
> ...


In all EU countries it is illegal to drive a vehicle registered in a country other that the one in which you are resident. You are given a period of grace to correct this when you change the country of your residence. The only exception to this is when you hire a vehicle in a country other that that of your residence.


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## xabiaxica (Jun 23, 2009)

KIP1958 said:


> That sounds like a catch 22.
> 
> I don't want to be a resident as I just want to winter in Spain.
> 
> ...


maybe that's what is holding it up - I have no idea


the original boletín said June 2014 - but it hasn't yet gone through, afaik


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## KIP1958 (Aug 2, 2014)

xabiachica said:


> maybe that's what is holding it up - I have no idea
> 
> 
> the original boletín said June 2014 - but it hasn't yet gone through, afaik


Thanks xabiachica.

I will keep an eye on this, as it may cause me problems if it does change.


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