# How/ When do they really check if youre a resident or not?



## Leeroy123 (Jan 30, 2021)

Hi guys, there are now an increasing number of laws (especially regarding driving) that change according to whether you are a resident or not. Vehicle reg and now what driving license you should have being main examples. My question is if they randomly stop you and you say your on holiday / a non-resident how far do they really take it from there in practice? It seems unlikely that they're going to check your fingerprints or whatever but no idea how the system works. If your asked to prove your non-residency then what exactly would you need to do?


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## Megsmum (Sep 9, 2012)

Leeroy123 said:


> Hi guys, there are now an increasing number of laws (especially regarding driving) that change according to whether you are a resident or not. Vehicle reg and now what driving license you should have being main examples. My question is if they randomly stop you and you say your on holiday / a non-resident how far do they really take it from there in practice? It seems unlikely that they're going to check your fingerprints or whatever but no idea how the system works. If your asked to prove your non-residency then what exactly would you need to do?


I presume they’ll want to see your passport, which as a holiday maker will have a stamp in? They may ask where you are staying and check the hotel/casa rural records for your details. I’m unsure what you are asking, if you are here legally whats the issue, if you are here as a tourist you’ll have return tickets and proof of holiday. Those are my guesses others may knowmoré


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## Alcalaina (Aug 6, 2010)

Your passport and driving licence, car insurance and other legal docs relating to the car. As Megsmum suggests, it makes sense to carry the ferry tickets with you showing the return date.

If you're actually living here but driving a UK-registered car on a Brtish licence, obviously it's another matter entirely. 

Remember the Guardia Civil have a lot of discretion and can take things as far as they like, even confiscate your car. The most important thing is to smile and be polite and co-operative.


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## xabiaxica (Jun 23, 2009)

Alcalaina said:


> Your passport and driving licence, car insurance and other legal docs relating to the car. As Megsmum suggests, it makes sense to carry the ferry tickets with you showing the return date.
> 
> If you're actually living here but driving a UK-registered car on a Brtish licence, obviously it's another matter entirely.
> 
> Remember the Guardia Civil have a lot of discretion and can take things as far as they like, even confiscate your car. The most important thing is to smile and be polite and co-operative.


Yeah - they don't just take you at your word. They ask for proof.


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## Melosine (Apr 28, 2013)

Friends living permanently in Arboleas, of our were stopped in their Brit plated vehicle and from car registration, the police knew exactly when they left England. This was 15 years ago when internet was in its infancy. They were fined €100. 
Other friends, Velez Rubio area, often there for 6/7 week visits stopped by police and warned to matriculate or change to a Spanish car. They did the latter.
The fact people get away with overstaying is more by luck because nowadays every internet transaction is traceable.
Now we are out of EU I am sure those flouting the system here will be caught. Soo er rather than later.


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## blondebob (Aug 16, 2019)

Melosine said:


> Friends living permanently in Arboleas, of our were stopped in their Brit plated vehicle and from car registration, the police knew exactly when they left England. This was 15 years ago when internet was in its infancy. They were fined €100.
> Other friends, Velez Rubio area, often there for 6/7 week visits stopped by police and warned to matriculate or change to a Spanish car. They did the latter.
> The fact people get away with overstaying is more by luck because nowadays every internet transaction is traceable.
> Now we are out of EU I am sure those flouting the system here will be caught. Soo er rather than later.


Really? You don't think they have more pressing matters in the middle of a Pandemic?


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## Melosine (Apr 28, 2013)

blondebob said:


> Really? You don't think they have more pressing matters in the middle of a Pandemic?


Certainly do BUT the pandemic won’t last for ever !!


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## xabiaxica (Jun 23, 2009)

blondebob said:


> Really? You don't think they have more pressing matters in the middle of a Pandemic?


If anything, because of the pandemic with municipal & comunidad borders being closed with roadblocks, and the police asking where the drivers & passengers live to see if they are breaking movement laws, overstayers are even more likely to be caught.


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## blondebob (Aug 16, 2019)

xabiaxica said:


> If anything, because of the pandemic with municipal & comunidad borders being closed with roadblocks, and the police asking where the drivers & passengers live to see if they are breaking movement laws, overstayers are even more likely to be caught.


Yes but they'd firstly need to be stupid enough to break the restrictions in the first place


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## xabiaxica (Jun 23, 2009)

blondebob said:


> Yes but they'd firstly need to be stupid enough to break the restrictions in the first place


Well if they're daft enough to think they'll get away with everything else...


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## NickZ (Jun 26, 2009)

Leeroy123 said:


> My question is if they randomly stop you and you say your on holiday / a non-resident how far do they really take it from there in practice?


No imagine when the same guy sees you in four months. Or has seen your car driving around.


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## Megsmum (Sep 9, 2012)

xabiaxica said:


> If anything, because of the pandemic with municipal & comunidad borders being closed with roadblocks, and the police asking where the drivers & passengers live to see if they are breaking movement laws, overstayers are even more likely to be caught.


yep
my next chemo session is Tuesday. We have had to get paperwork for husband to take me and pick me up 8 hours later. If I’m in the car with my appointment we wouldn’t need it but because he’s crossing village boundaries and we are in village lockdowns here he needs the paperwork. Let’s say we hadn’t registered our car or anything else....... problem . Personally I’m fed up with the how do we get away with it brigade and those that support it, majority on here done the right thing from the get go, it was never rocket science , a pain in the bum maybe but no where near as hard as it is now. im grumpy today xx


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## MataMata (Nov 30, 2008)

Until the end of March (90 days into 2021) you might get away with claiming to be a tourist but after that your passport, which you're legally required to carry as proof of ID under risk of arrest - and the stamp in it - or will conclusively prove the matter.


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## Leeroy123 (Jan 30, 2021)

But they don't stamp passports at ferry ports and I think according to the withdrawal agreement they're not supposed to for UK citizens?

Basically I'm planning to take my vehicle back to the UK to sell in a few months but I'm not sure how perilous the journey will be now I've decided to stay and have residency. I mean if the intention is clear for me to take the vehicle out of the country are they really going to be bothering about proving I'm a resident and then asking me to get it Spanish registered.


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## Megsmum (Sep 9, 2012)

Leeroy123 said:


> But they don't stamp passports at ferry ports and I think according to the withdrawal agreement they're not supposed to for UK citizens?
> 
> Basically I'm planning to take my vehicle back to the UK to sell in a few months but I'm not sure how perilous the journey will be now I've decided to stay and have residency. I mean if the intention is clear for me to take the vehicle out of the country are they really going to be bothering about proving I'm a resident and then asking me to get it Spanish registered.


who told you that? U.K. is a third country state therefore rules apply. Residents don’t get there passport stamped. Have you got residency yet that’s the big question


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## xicoalc (Apr 20, 2010)

Leeroy123 said:


> But they don't stamp passports at ferry ports and I think according to the withdrawal agreement they're not supposed to for UK citizens?
> 
> Basically I'm planning to take my vehicle back to the UK to sell in a few months but I'm not sure how perilous the journey will be now I've decided to stay and have residency. I mean if the intention is clear for me to take the vehicle out of the country are they really going to be bothering about proving I'm a resident and then asking me to get it Spanish registered.


Use a transport company to take it to uk! Thats the right way if you're not legal to drive it. 

We all had years of notice to prepare for brexit!


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## Leeroy123 (Jan 30, 2021)

Megsmum said:


> who told you that? U.K. is a third country state therefore rules apply. Residents don’t get there passport stamped. Have you got residency yet that’s the big question


I read this article about France, I'm assuming this applies to all EU countries. Britons' passports wrongly stamped on entry to France

Additionally when I entered France via my ferry my passport wasn't even looked at on entry.

I am a resident yes so I know that my van should be Spanish reg but it's not going to be possible or viable to do, I'm not using it at the moment so I'll just be taking it back to the UK to sell when I have the time.


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## Melosine (Apr 28, 2013)

Leeroy123 said:


> I read this article about France, I'm assuming this applies to all EU countries. Britons' passports wrongly stamped on entry to France
> 
> Additionally when I entered France via my ferry my passport wasn't even looked at on entry.
> 
> I am a resident yes so I know that my van should be Spanish reg but it's not going to be possible or viable to do, I'm not using it at the moment so I'll just be taking it back to the UK to sell when I have the time.


Don’t forget it has to be legal . As in MOT’d. How will you achieve that?


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## MataMata (Nov 30, 2008)

Leeroy123 said:


> Basically I'm planning to take my vehicle back to the UK to sell in a few months but I'm not sure how perilous the journey will be now I've decided to stay and have residency. I mean if the intention is clear for me to take the vehicle out of the country are they really going to be bothering about proving I'm a resident and then asking me to get it Spanish registered.


Regardless of intent, which you can never conclusively prove anyway, when you become Spanish resident you will no longer be permitted to drive a UK regged car.

Also have you registered with DGT for a licence exchange, if not you're unlikely to be driving anything anywhere until you've passed a Spanish test.


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## Megsmum (Sep 9, 2012)

Leeroy123 said:


> But they don't stamp passports at ferry ports and I think according to the withdrawal agreement they're not supposed to for UK citizens?
> 
> Basically I'm planning to take my vehicle back to the UK to sell in a few months but I'm not sure how perilous the journey will be *now I've decided to stay and have residency.* I mean if the intention is clear for me to take the vehicle out of the country are they really going to be bothering about proving I'm a resident and then asking me to get it Spanish registered.


well you actually said you have now decided to stay and have residency... not that you already have residency 



Leeroy123 said:


> I read this article about France, I'm assuming this applies to all EU countries. Britons' passports wrongly stamped on entry to France
> 
> Additionally when I entered France via my ferry my passport wasn't even looked at on entry.
> 
> I am a resident yes so I know that my van should be Spanish reg but it's not going to be possible or viable to do, I'm not using it at the moment so I'll just be taking it back to the UK to sell when I have the time.


which proves exactly what I said.. residents registered with correct paperwork in the EU do not have passport stamped.

youve answered your own questions. Apparently, you are resident, so presumably have a residency card or TIE... you are not allowed to drive U.K. plated vehicle in Spain, and as of January 1st your passport would be stamped f a tourist and not stamped if resident. Having said that I thought borders have been closed since January 1st
basically it’s not up to the Spanish officials to prove anything it’s incumbent on the individual to provide the documentation to prove their status.


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## Leeroy123 (Jan 30, 2021)

Prove my status as non-resident? I still have a British passport leaving the onus on me isn't going to be very successful for them surely. Regarding driving license we have 6 months grace period. Sorry guys this is just going to get peoples backs up so I'll leave it at that.


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## Leeroy123 (Jan 30, 2021)

No borders are closed you just need PCR to enter another country via air or sea.


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## xabiaxica (Jun 23, 2009)

Leeroy123 said:


> But they don't stamp passports at ferry ports and I think according to the withdrawal agreement they're not supposed to for UK citizens?
> 
> Basically I'm planning to take my vehicle back to the UK to sell in a few months but I'm not sure how perilous the journey will be now I've decided to stay and have residency. I mean if the intention is clear for me to take the vehicle out of the country are they really going to be bothering about proving I'm a resident and then asking me to get it Spanish registered.


They aren't supposed to stamp the passports of UK citizens who are legally resident in the EU & carry proof. Sometimes the passport still ends up stamped, even when the holder carries proof, I imagine simply because of a misunderstanding of how the rules are to be applied. 

Hjowever - UK citizens not resident in the EU will be - already are in fact - having their passports stamped upon arrival in & upon leaving the Schengen zone. The stamping started on Jan 1st 2021.

So anyone leaving after the end of March who doesn't have an arrival stamp will obviously have been in the Schengen zone for more than the permitted 90 days.


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## xabiaxica (Jun 23, 2009)

Leeroy123 said:


> Prove my status as non-resident? I still have a British passport leaving the onus on me isn't going to be very successful for them surely. Regarding driving license we have 6 months grace period. Sorry guys this is just going to get peoples backs up so I'll leave it at that.


The six month 'grace period' for exchange of driving licence is only if intent to change was registered before the end of last year. 

Otherwise, it's permitted to drive with it for 6 months after becoming resident, & then a driving testhas to be taken in order to continue driving.

The onus* is* on you to prove that you haven't been in the Schengen zone for longer than the permitted time. Easy enough to prove if true. Plane / ferry / tunnel tickets whatever.


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## Lynn R (Feb 21, 2014)

Leeroy123 said:


> No borders are closed you just need PCR to enter another country via air or sea.


Portugal has closed its border with Spain. France has closed its borders to all non essential travellers from outside the EU (which includes the UK).









Portugal extends lockdown and closes border over 'terrible' Covid outbreak


Amid record death toll and struggling hospitals, António Costa admits failings in handling outbreak




www.theguardian.com













Covid-19: France closes borders to most non-EU travel


Only essential travel from outside the bloc is allowed from Sunday, but a lockdown is resisted.



www.bbc.com





As others have pointed out, your claim that UK citizens' passports would not be stamped under the Withdrawal Agreement was incorrect - that applies only to those who produce evidence of legal residence in an EU member state (and even some who have done that have had their passports stamped anyway).


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## Megsmum (Sep 9, 2012)

Equally, Spain in not on the corridor list for U.K. PCR test or no PCR test.. if U.K. visitors could come trust me, my daughters would have been over a long time ago


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## trotter58 (Feb 8, 2017)

Leeroy123 said:


> Hi guys, there are now an increasing number of laws (especially regarding driving) that change according to whether you are a resident or not. Vehicle reg and now what driving license you should have being main examples. My question is if they randomly stop you and you say your on holiday / a non-resident how far do they really take it from there in practice? It seems unlikely that they're going to check your fingerprints or whatever but no idea how the system works. If your asked to prove your non-residency then what exactly would you need to do?


Will you have your UK driving licence & passport with you? Is the vehicle taxed, MOT'd and insured for you to drive? Do you have a green card & the vehicle's V5 (not copy)? Do you have ferry tickets showing that you're leaving the EU?

If so, I don't think you'll have a problem. Your passport will probably be stamped at the ferry port as you won't be showing your TIE card when you leave. I wouldn't worry about the border officials checking to see if your resident in Spain, if they could do this they wouldn't need to stamp your passport. If you're that worried you could leave via France.

I would suggest that you get your vehicle back to the UK sooner rather than later, I would leave as soon as travel restrictions are lifted. Once your vehicle is sold you could then fly back to Spain and exchange your UK licence for a Spanish one, hopefully before June 2021.

Good luck


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