# Living part-time in UK and part-time in Spain.



## Jim Reid (Aug 6, 2018)

My wife and I both retired at the end of 2013 and moved over to live in Spain in 2014. We both have Padron, Residencia, SIP Card, etc.While I have adapted to the lifestyle, weather etc in Spain, my wife has never really settled here and has decided she wants to spend most of the time in UK with only short visits to Spain.

Does this mean she has to give up her residencia, padron and most importantly her SIP card and re-register in UK? Also, are there any implications for my situation?

Thanks in advance for any advice.


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## Alcalaina (Aug 6, 2010)

If I were her I wouldn't deregister from anything for at least two years, until she's sure she's made the right decision!

Is she still registered with an NHS doctor in the UK? If not, I think she will have to provide evidence of living there permanently. But I'm not 100 percent sure, the rules seem to change all the time.

If she's a taxpayer, eventually she will have to declare her earnings in the UK rather than in Spain. You are "fiscally resident" in whichever country you spend the most time in.


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## susiespain (Sep 3, 2016)

Hello Jim

Your wife cannot be in 2 places at once. She must declare her true change of circumstances when they occur. If she takes up permanent residency in the UK she should notify the UK authorities, and that means all of them, not just the ones that suit. The same applies in Spain. Beware of bar stool advisers, they are reluctant to appear in the witness box. 

Susie


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## xabiaxica (Jun 23, 2009)

If she returns to live in the UK, after 4 years here, then she should come off the padrón, unregister with the doctor here, unregister as resident, & inform the tax authorities that she will now be non-resident.

Then re-register with everything back in the UK

With Brexit looming, I would think long & hard about that. If she later changes her mind, she might not be able to obtain residency very easily again.

If she had been here 5 years, & had permanent residency, then she wouldn't have to do that, because you only lose that if you leave for two years,


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## Megsmum (Sep 9, 2012)

We recently had a thread where there was a great deal if misinformation re residency and healthcare , which is probably the key question you should consider IMHO

This was the reply I got from the Department of Health. 

You can be resident in both but only REGISTERED in one ie in two places at once 

Like the others I would be very careful about what decisions you make with Brexit looming As pensioners you should be entitled to healthcare in the UK even if you live in Spain , that’s my understanding




> Our ref: DE-
> 
> Dear Mrs
> 
> ...


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## susiespain (Sep 3, 2016)

If she is unhappy living in Spain she should not be deterred from returning to the UK where she will be happier. At her age how can she wait for BREXIT to end, if it ever does.

What has she got to loose.

The Padron has no value to her, it’s only for the town hall to lie to Madrid to get money.

Her SIP card would be replaced with EHIC, at the moment.

She may gain winter fuel allowance £300.

Because her husband remains a resident in Spain she can always under current EU law have the right to residency again. 

Susie


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## xabiaxica (Jun 23, 2009)

susiespain said:


> Because her husband remains a resident in Spain she can always under current EU law have the right to residency again.
> 
> Susie


True - although almost certainly not for much longer in view of Brexit.


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## Williams2 (Sep 15, 2013)

xabiachica said:


> True - although almost certainly not for much longer in view of Brexit.


Yes but surely the wife will still be entitled to - right of residency rights - even after Brexit, so long as her Husband
remains a permanent resident of Spain following Brexit.


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## xabiaxica (Jun 23, 2009)

Williams2 said:


> Yes but surely the wife will still be entitled to - right of residency rights - even after Brexit, so long as her Husband
> remains a permanent resident of Spain following Brexit.


Not necessarily - we don't know do we? 

The husband isn't yet a permanent resident (from the info given) & after Brexit is possibly (probably?) going to be treated as a non-EU citizen.

Non-EU citizens don't have the right to bring family members into the country. 

It all depends on timing, & which rights residents / permanent residents retain. 


That's why I suggetsed thinking long & hard & maybe waiting until they are both officially permanent residents.


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## Williams2 (Sep 15, 2013)

All the above highlights what little or no thought have been given by Spain and the
EU concerning British Expats rights on the run up to Brexit - *which contrasts 
starkly* with all the UK's plans and ( in the pipeline ) legislation in the UK for EU citizens
who are settled in the UK - and will eventually be able to register their '_settled status_'
online or by an App installed on their Mobile phone.

So what about Apps for British Expats to register our settled status in Spain ??


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## Lynn R (Feb 21, 2014)

Williams2 said:


> All the above highlights what little or no thought have been given by Spain and the
> EU concerning British Expats rights on the run up to Brexit - *which contrasts
> starkly* with all the UK's plans and ( in the pipeline ) legislation in the UK for EU citizens
> who are settled in the UK - and will eventually be able to register their '_settled status_'
> ...


Possibly the Spanish Government think that would be redundant as they already have a perfectly good system for registering citizens of other EU countries when they take up residence in Spain, and those citizens can, if they wish, exchange their original residence certificate for one confirming that they are permanent residents after five years.

The UK, on the other hand, needs a new system because they have never bothered having one before.


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## xabiaxica (Jun 23, 2009)

Williams2 said:


> All the above highlights what little or no thought have been given by Spain and the
> EU concerning British Expats rights on the run up to Brexit - *which contrasts
> starkly* with all the UK's plans and ( in the pipeline ) legislation in the UK for EU citizens
> who are settled in the UK - and will eventually be able to register their '_settled status_'
> ...


Why on earth should they do that?


There is already a simple & inexpensive system in place.

And why on earth should British immigrants get special treatment anyway?


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## xabiaxica (Jun 23, 2009)

xabiachica said:


> Why on earth should they do that?
> 
> 
> There is already a simple & inexpensive system in place.
> ...


note to self...read other replies before posting!


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## Lynn R (Feb 21, 2014)

xabiachica said:


> Why on earth should they do that?
> 
> 
> There is already a simple & inexpensive system in place.
> ...


And, moreover, a system which imo provides greater security in that those registering need to present themselves in person, with their ID documents, so that their identity can be verified.

I agree about the "special treatment". Whilst the UK remains in the EU then British citizens will continue to be registered in the same way as other EU citizens. After the UK leaves, then as the British Embassy view as posted by Chica22 yesterday indicates is likely, they will be treated in the same way as any other third country national. They have no right to expect anything otherwise.


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