# Residence



## agua642 (May 24, 2009)

Hi , if I am permanent residence in Spain and rent a small house or flat in Spain, return to live in England, but continue renting a small flat in Spain, am I a resident of UK or Spain?


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## xabiaxica (Jun 23, 2009)

If you return to live in England and spend more time there than here, you should un-register as resident here. 
Unless you declare residency in the UK, you won't be able to use the NHS etc


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## agua642 (May 24, 2009)

Yes but if I'm renting here? Can't I have 2 resident addresses?


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## xabiaxica (Jun 23, 2009)

agua642 said:


> Yes but if I'm renting here? Can't I have 2 resident addresses?


Addresses.... why not? 

Property ownership has no real bearing on actual residence though, if it's clear that you spend more time in one country than another 

Are you concerned about losing your 'permanent resident' status in Spain, or is it a tax issue?


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## snikpoh (Nov 19, 2007)

What problem are you trying to solve?

One of your residences will be your MAIN residence. 

If you truly spend equal amounts of time in each, have no school age children, have no wife, have no job etc. then I guess you choose which is your MAIN residence. If you have any of the above, where do they live? Wherever that is, then that become your centre of economic interest and hence your main residence.


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## ColinEvans39 (Jul 13, 2015)

The residency doesn't depend on where you rent a property but where you live and registered with the local authorities. If you live most time in the UK, you likely have to register your address in the UK as main residence and you have to pay taxes in the UK and not Spain. However I suggest to ask a tax advisor if you need a solid answer for making a tax declaration. I'm also unsure now what you intend.


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## agua642 (May 24, 2009)

Hi, I am Now living in my own property in England, my daughter remains in rental property in Spain, I am considering putting my name on her rental contract and being there for around 4 months a year on & off, can I apply for padronada in the local town hall ? I have permanent residence certificate in Spain. 
However now own a property in England.


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## mrypg9 (Apr 26, 2008)

Eight months in theUK = permanent residency.


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## xabiaxica (Jun 23, 2009)

agua642 said:


> Hi, I am Now living in my own property in England, my daughter remains in rental property in Spain, I am considering putting my name on her rental contract and being there for around 4 months a year on & off, can I apply for padronada in the local town hall ? I have permanent residence certificate in Spain.
> However now own a property in England.


afaik your 'permanent' residency is cancelled once you become resident in the UK. 

You should have gone to the extranjería to tell them you were moving back to the UK so that they could remove you from the list of foreigners residing in Spain.

You should only be on the padrón if you live at that address in Spain more than elsewhere, which isn't your intention. 

I don't see any advantages for you to be registered here when all you will be doing is visiting for holidays - for one thing, the tax office will expect you to submit resident tax returns & a 720 declaring your worldwide assets.


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## agua642 (May 24, 2009)

Thanks for reply Xabiachica, I'll consider my options.


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## AllHeart (Nov 22, 2013)

In the tax treaty between the UK and Spain, if you have two residences, you are a resident of the state in which you have your centre of vital interests. This is from article 4, paragraph 2 a. If your centre of vital interests (habitual abode) is in both countries, you are considered a resident in the country in which you are a national, which is the UK in your case. This is from article 4, paragraph 2 c. 

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/412302/spain-dtc.pdf


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## agua642 (May 24, 2009)

All heart .. interesting read , thanks for the link, I've had permanent residence for 25-30 years, it's interesting to know what my status is, I already know about the property declaration form 720 tax, I've had property in Spain they had to be declared in the same way .. that's no big deal.. Once again Thanks :blush:


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## AllHeart (Nov 22, 2013)

agua642 said:


> All heart .. interesting read , thanks for the link, I've had permanent residence for 25-30 years, it's interesting to know what my status is, I already know about the property declaration form 720 tax, I've had property in Spain they had to be declared in the same way .. that's no big deal.. Once again Thanks :blush:


You´re welcome.  Glad to be of help.


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## xabiaxica (Jun 23, 2009)

agua642 said:


> All heart .. interesting read , thanks for the link, I've had permanent residence for 25-30 years, it's interesting to know what my status is, I already know about the property declaration form 720 tax, I've had property in Spain they had to be declared in the same way .. that's no big deal.. Once again Thanks :blush:


looking at that link there seems to be no doubt that you are now a resident of the UK - unless you took Spanish nationality?


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