Thought 5 months was a holiday??

 We are going to be spending this winter in Spain. I read that you couldn't stay longer than 6 months unless you became a resident. So I duly booked just under 6 months to save any problems. 

This morning, I read that over 3 months stay means I have to register as resident.

Is this right, and how much of a problem is it a. to get it done,  b. to register as resident when I return to UK?

Also, will a trip out of Spain after 2 months and 3 weeks for a week change things? I'm planning on popping into portugal for a week anyway, so could time it right if it would do the trick.

Thanks

Caroline

Since you clearly have no intention of actually making Spain your place of permanent residence, my advice would be to ignore all the petty rules and bureaucracy and not to worry about it. Unless you plan to work or you wish to exercise voting rights or such things whilst in Spain, there's just no point in going to all the hassle of registering. The important thing is to make sure you have your EHIC (European health card) to cover medical emergencies, and if you're bringing your car, make sure the MoT and tax don't expire while you're away.

 Thanks :o)

That's good advice about the car tax. Ours will run out while we are away, so we'll get someone to post it on down to us. Thank goodness for online tax renewal :o)

Do make sure your MoT doesn't run out too - you cannot get it done outside the UK (not even in Gibraltar). Also, make sure your insurance covers you to be out of the country for so long.

 We go to Spain for between 3 to 6 months in the winter and have, up to now, not bothered with Residencia.  If we ensure we're on the EU Foreigners Register, what does this mean for us?  Will we have to register every time we go? I tend think there will be a way the Spanish Government can get some money our of us herebut maybe I'm being cynical?

 Surely if you are going to Spain for 5 months with no intention of living there permanently, there is no need to take out residence.  It's only if you are moving there permanently that you get 3 months grace before having to register.  If, however, you are going to spend more than 6 months every year in Spain, then you should register.

I imagine a one off visit does not count as you are not taking up permanent residency or you'd be constantly changing.

 OK, whilst I think taking out residency for  a one-off stay if you are not intending to live in Spain permanently or work there is a bit silly, johnzx is quite correct.  The FCO issues this advice:

Entry Requirements - Staying for longer than three months  

All EU nationals planning to stay in Spain for more than three months must register in person at the nearest Office for Foreigners (Oficina de Extranjeros) which is normally part of the Town Hall (Ayuntamiento), or at designated Police stations. You will be asked to show a valid passport, complete an application form and pay a fee. You will be given a certificate stating your name, address, nationality, identity number (NIE – Número de Identificación de Extranjeros) and date of registration. This confirms you have registered as a resident but the certificate is not valid ID and you don’t have to keep it with you at all times.

So there you have it.  Longer than 3 months you have to register. Seems a bit silly being in the EU, doesn't it.

Johnzx, are you a policeman?  (rhetoric!)

It's not a case of thinking some laws are petty. On the contrary, nothing irks me more than permanent residents who blatantly ignore laws regarding, for example, vehicle registration and keeping their cars road legal. Hence my advice about ensuring MoT, tax and insurance are all valid and up to date.

I didn't write the law, nor was I consulted either, and I do know what it says; however, in the context of the OP, this "law" is not only petty but pointless, unworkable and impractical. The idea that "you leave yourself open to being prosecuted if you do not comply" is frankly laughable, but that's just my humble opinion, so the OP should make up their own mind whether to take the risk.

Of course it's highly unlikely anyone will even know how long you've been in Spain , especially if you complicate matters by leaving for Portugal for a few days, but if you're going to lose sleep over it, you might as well lose it while queueing at 6am outside your local cop-shop  (assuming you even have a "permanent" address to register at) in order to comply with this law. 

Quote:  nothing irks me more than permanent residents who blatantly ignore laws regarding, for example, vehicle registration and keeping their cars road legal. 

I personally have no particular view on that  (I am no longer a police officer) although, some think UK vehiicles in Spain are illegal,  when in fact they are not..

Glad we at least agree on the pointlessness!

Surely you also agree that UK registered vehicles with no valid MoT, tax or insurance are breaking at least some (maybe petty) law, whether they are in Spain, the UK or anywhere else? But I digress........