Uk Driving license taken by police

Hi, maybe somebody has expierience with this situation, a few day ago I was stopped by the police in Vizcaya and my license taken as from what they told me I should after living in spain for 8 years or so have a spanish license. They have sent it to trafico in Bilbao what will I be required to do? I have a NIA but have never been a spanish citizen what will I be required to do I have heard rumours that I may have to do my test again in spain which seems excessive.

Do you mean you have an NIE (NIA)  ?

Nevertheless if you have lived in Spain for a total of 183 days in one year, you say it is 8 years, then you are resident whether ypu applied or not. 

That you have not registered on the EU Citizens Register is a problem. If you were here from before April 2007 then you also should have applied for a Residencia, They were abolished for EU citizens after that date, when the EU Citizens Registration was introduced

Depending in what kind of UK DL you may well have had to change it by the latest, I think Feb. this year. 

Speak to a gestor or even maybe a lawyer in your circumstances. You may have problems.

This is an extract from internet;

In 2009 there was approved the new Rules of Driving License in Spain. These rules established that on the 19th of January of 2013 it would come into force a law that said that all European residents who have been living in Spain for more than 2 years, and had not got the European driving license, had to be inscribed in the office of Trafico in Malaga. The inscription means that they have to renovate their UK licenses. For doing that, they need to go to Trafico and hand in the following documents: application form of renovation, pay taxes of renovation (less that 30€), medical certificate, and a photo. In case the residents don't update their UK licenses in Trafico, they will be fined with 20

Not all residents have to renew their UK licenses. All residents who have the European driving license, that is the plastic card with the date of expiration in the front side, don't have to renew their UK licenses. Their driving license is correct. But those residents who have the old format UK driving license, that is a paper, they need to go to Trafico to renew, or change to a Spanish DL.

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Chris

There is a difference between a Spanish citizen and a resident and as johnzx points out you are a resident of spain whether you have registered or not

The police may be sending you UK licence back to DVLA or UK police - what else can they do with it? You could try asking for it back and exchange for a Spanish licence

I woudl sugegst that you contact DVLA tell them what happend and apply for a new one.

Possible problem - what address is on your DL? If the address is not valid you could end up with a fine if

On renewing your UK DL.   

You can only do that if you genuinely live in UK.  It used to be that an accommodation address, relative, friend etc. Was OK but not anymore.

And remember,   you cannot drive in Spain unless you have a valid DL with you.  Also, insurance in Spain is invalid if you do not have a valid DL.

I don't live in the U.K and haven't done for years. I am an Irish passport holder although I am from Northern Ireland where did my driving test 20 years ago. I renewed my driving license using my parents address as I move around a lot not for any dodgy reasons it's just more practcal to not have to change addresses every few years, or so I thought! And yes John I have an NIE.  From what I can gather the License is in Trafico in Bilbao I have an appointment in a few weeks to review my case hopefully it will be a straight forward change from my U.K license to a Spanish one but I won't hold my breath for that, from what I can gather. Just out of interest does anyone know if it would be easier or more practical just to get an international License over here?

An international DL is a misnomer.

It is an International Permit and is only a translation of one’s national DL. It never replaces a DL.

As for address re a UK DL:   One must sign to say that the address in UK is one’s place of abode. If one does not live in UK then it is not. And not wanting to spit hairs, it is an offence to make a false statement.

I do not want to add to your worries, but even if you have travelled a lot during the 8 years which you say you have lived in Spain, then providing your principle home was in Spain, then by Spanish law you are still considered resident.

As a resident,  you are also tax resident and therefore obliged to make  tax returns in Spain on your worldwide income and in most circumstances,  any assets in total within any one of three groups, which exceed 50,000 euros,  which you have outside Spain.  It’s a form 720 declaration.

Chris, just in passing:  I have dual UK and Irish nationality, which although I was born in UK, I qualified for because my mother was born in Ulster.  I allowed my UK passport to lapse and thus had to re-register on the EU Citizens register as Irish.  This is sometimes incorrectly referred to as 'residencia.'
This message was last edited by johnzx on 28/08/2015.

Thanks John I think I'll just have to see how this plays out. As long as I don't get a massive fine and have to take a driving test again I will be happy.