# Resident or not



## Patsy111 (Feb 7, 2015)

Hi all,

A question if you don't mind...

How may days can you stay in Spain without being classed as a resident?


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## xabiaxica (Jun 23, 2009)

Patsy111 said:


> Hi all,
> 
> A question if you don't mind...
> 
> How may days can you stay in Spain without being classed as a resident?


:welcome:

if you are here or intend to be here, 90 consecutive days or more, Spain requires you to register as resident - & you would be considered to be so, registered or not


not to be confused with tax residency, which is triggered if you are here for 183 or more cumulative days a year


they are two totally separate issues


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## Gareth54 (Nov 8, 2014)

Can also leave Spain (after 89 days) for a couple of days and come back and the 90 days starts again! (which I have just done)!! Saves a lot of paperwork and you can stay for 6 months, with a short break in the middle


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## raynard (Nov 26, 2014)

Who checks ? how do the authorities know how long you have stayed.


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## extranjero (Nov 16, 2012)

The 90 days are consecutive.
The 183 days are cumulative
So, even if you disappear after day 89 to avoid being classed as resident, presumably you could end up as tax resident?


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## Gareth54 (Nov 8, 2014)

raynard said:


> Who checks ? how do the authorities know how long you have stayed.


They don't, you have to prove you haven't!!


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## Gareth54 (Nov 8, 2014)

extranjero said:


> The 90 days are consecutive.
> The 183 days are cumulative
> So, even if you disappear after day 89 to avoid being classed as resident, presumably you could end up as tax resident?


Only if you stay longer than 6 months in total (183 days) yes. But as I understand it, in the same financial year, but don't ask me when that begins or ends. More knowledgeable people here can tell you the facts I can only go on what I have read here.


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## kalohi (May 6, 2012)

Gareth54 said:


> Only if you stay longer than 6 months in total (183 days) yes. But as I understand it, in the same financial year, but don't ask me when that begins or ends. More knowledgeable people here can tell you the facts I can only go on what I have read here.


Jan 1 - Dec 31.


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## jimenato (Nov 21, 2009)

What will happen if you don't apply for residency when you should? They can hardly throw you out.


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## Pesky Wesky (May 10, 2009)

jimenato said:


> What will happen if you don't apply for residency when you should? They can hardly throw you out.


As you know, this is something that comes up every few months or so and was actually asked about 10 days ago(??) and this is what I always post, 



> The general consensus is that your infraction would only come to light if you were involved in a "situation". If the situation is not one where you are involved in some kind of offence (ie you are involved in an accident that you didn't provoke or you are robbed) then probably nothing will happen. If however, you are involved in some kind of crime (Anything from speeding to drug smuggling) this could be a useful way of bringing you in.
> 
> *This is the official comeback. *
> Depending on the circumstances, not having your papers in order can be
> ...


from
http://www.expatforum.com/expats/sp...n/124925-how-long-can-we-holiday-spain-7.html
Depending on your personal circumstances youmay well be able to live here without doing this paperwork. The question would be why? Many people seem to think it's too big brotherish, but you can bet that you're tagged in a number of other ways (use of computer, bank cards, taxes, car, mobile to name a few) so it's not as if "they" can't find you if they want to!
Personally I've needed it to be self employed, and I think to buy the car, and much as I'd prefer to not do any paper work or be on any list accept it as a small price to pay to be able to live in lovely Spain

Here's the last thread where this was discussed from Feb 2nd
http://www.expatforum.com/expats/sp...iving-spain/661618-residency-requirments.html


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## Patsy111 (Feb 7, 2015)

Thanks Guy's

We have bought and are in the process of renovating the property. We are still working in the UK and visiting every half-term around 112 days annually. So by the sound of things we are OK for now. 

But the ultimate goal is to retire in 18 months, although not permanently in Spain. We want to travel back and forth between Spain & UK. 
(Children & Grandchildren ) 

So, the things I am trying to work out are...

I have a medical condition and don't want to loose my rights to NHS. It has taken a long time to be stabilized and even longer to find a Doctor who I have complete faith in. 

What financial responsibility we have regarding our income once we retire (ie tax we would need to pay in Spain) We will only have rental income from UK and savings until our pensions mature (about 2 years after we retire) 

( We know we need to pay annual tax on the property, we have someone dealing with this)

I am a list, plan kind of person, not 'on a wing and a prayer' kind of person.  So any advise you can offer will be greatly appreciated. I just need to get some form of plan on paper regarding Spain and then let the UK side fill in the gaps so to speak. 

Thank you in advance,
Patsy


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## Pesky Wesky (May 10, 2009)

Patsy111 said:


> Thanks Guy's
> 
> We have bought and are in the process of renovating the property. We are still working in the UK and visiting every half-term around 112 days annually. So by the sound of things we are OK for now.
> 
> ...


To get a clear picture on legalities you need to go to the authorities themselves, although of course "real life" cases will add to the picture.
Look at the recent posts about healthcare by UKinSpain who is an official presence on the forum so to speak
http://www.expatforum.com/expats/search.php?searchid=15704833
Try the DWP and HMRC
And places like this
https://www.gov.uk/living-in-spain
https://www.gov.uk/government/priority/supporting-british-nationals-in-spain


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## Patsy111 (Feb 7, 2015)

Pesky Wesky said:


> To get a clear picture on legalities you need to go to the authorities themselves, although of course "real life" cases will add to the picture.
> Look at the recent posts about healthcare by UKinSpain who is an official presence on the forum so to speak
> 
> Hi, thank you for the information. Unfortunately the link is now working.


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## Pesky Wesky (May 10, 2009)

Patsy111 said:


> Pesky Wesky said:
> 
> 
> > Hi, thank you for the information. Unfortunately the link is now working.
> ...


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## Patsy111 (Feb 7, 2015)

Hi Pesky,

Yes I did mean 'not' working. The link I was referring to was the forum link. 

I've looked at the other links, thanks.

But unfortunately not found a way wherein we can remain Uk residents and yet spend the majority of our time in Spain. I'm fine with paying any taxes and keeping any paperwork in order. (We would expect no less from someone relocating to the UK) Its just the NHS thing that is causing the headache. 

What do other people do regarding health-care? 

Sorry if I am asking too many questions, I just want to get this right. Our dream of owning in Spain has been a long time coming and lot of hard work. To jump in and make a mistake at the last hurdle would be foolish.


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## xabiaxica (Jun 23, 2009)

Patsy111 said:


> Hi Pesky,
> 
> Yes I did mean 'not' working. The link I was referring to was the forum link.
> 
> ...


ahh - the search link - no that wouldn't have worked for you, since Pesky did the search

the only way to remain resident in the UK & be entitled to use the NHS is to spend more time there than here - once you spend more time here than there, you are resident here, tax & every other wise- & you wouldn't be entitled to use the NHS


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## extranjero (Nov 16, 2012)

If you want to spend the majority of your time in Spain, you will have no choice but to become resident, and fiscally resident
As NHS care is residence based in the UK, you will lose your entitlement to free healthcare there, 
If you or your husband are not of state pension age yet, you will need to get private healthcare, which may not be possible due to your medical condition, or if possible will have high premiums.
After one year you can pay into the Spanish system , at 60 euros per month, until you receive your state pension, when it will be free.
Another thing you should consider.
Consider the tax implications of moving here , particularly your maturing pensions.
Any lump sums will be taxed in Spain
Spanish tax is very different to the UK.


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## Patsy111 (Feb 7, 2015)

So am I right in thinking we could have 5 months in Spain (not all in one sitting) 6 months in UK and a month holidaying elsewhere and remain a UK resident?

And... who checks how many days/weeks we have been there?


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## extranjero (Nov 16, 2012)

Yes, that's the best thing to do.
It will be up to you to prove how long you have been in Spain, utility bills, plane tickets, receipts etc.
You may never be checked, but if you are the onus is on you to prove your status, not the tax office
It's not worth the risk!


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## Patsy111 (Feb 7, 2015)

extranjero said:


> Yes, that's the best thing to do.
> It will be up to you to prove how long you have been in Spain, utility bills, plane tickets, receipts etc.
> You may never be checked, but if you are the onus is on you to prove your status, not the tax office
> It's not worth the risk!


Thank you... 

Now we have a plan I can breath again. 

Of course we would have liked to be there more, but it is a question of meeting all our needs and remaining a UK citizen is at the top of the list. And 5 months in Spain is better than nothing.


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