Driving my English car in Spain

I have been working in Spain for the last 16 months, I have an NIE but I have no idea if I am classed as a resident as I do not have a residency card. 

All I have is a paper NIE.

In May, my boyfriend moved over to Spain, bringing my UK registered car with him.

It was my understanding that a UK registered car can be driven in Spain for 6 months before the plates have to be changed.

Is this still the case for me even though I have been living here for over a year.

And my boyfriend is also now working here with an NIE. Are either of us legally allowed to drive the English car.

We both only plan on staying here until April next year so dont want to change the plates, only to have to change them back.

Thank you

If your insurance is with a uk insurance company many only cover you for 90days outside the the UK,and that normally it drops to 3rd party cover outside the uk, even if your policy is fully comp in the uk.

As soon as you decided to work in Spain you automatically became resident with the requirement to register on the EU Citizen Register (often but incorrectly called Residencia).    A person so registered cannot drive a non-Spanish registered vehicle except in an emergency.

The same applies to your bf he must register.

The car you say is yours.   As I understand it you must immediately put in on Spanish plates as the 6 months, if that is correct, is a concession related to when you first arrive in Spain i.e. you have that period to put in on Spanish plates.   You have been here well over a year.  If stopped the car will almost certainly be impounded.

I would consult a legal expert on this. After all both the car and your boyfriend have just arrived so one might expect that he can drive it for 6 months but you cannot. The difficulty may be however that it is in your name not his.

There is a lawyer who sometimes responds to these threads. Perhaps someone can provoke her into comment.

It's interesting stuff though. I spend more time in the UK than in Spain but have a car in both countries. I would hope to be able to drive both cars in either country should the need arise. (And the same to pertain should I start to spend more time in Spain). I think I need to know, just in case.

Shame you didn't ask before BF drove all the way here. John says "If stopped the car will almost certainly be impounded." I agree. It will then cost more to release the car than simply re-registering. Re-registering it is also almost certainly not worth the cost for just 9 months use. It would be cheaper to simply tell BF to drive the thing back and leave it at home, then buy a cheap run around (or rent) while you're here.

Of course, Our Tony says "s*d it, just take your chances - if you get stopped, just play the tourist and hope for the best" 

And of course, if the MoT runs out before you return to the UK, you'll have an additional complication to deal with...

As far as I am aware I do not officially have resitents status, like I said, just a paper NIE. I have read forums to say that once you have your paper NIE you are then supposed to get a card? I'm pretty sure my employer jsut never passed on the paperwork for this so I don't have it.

Is this something that I should be looking into?

My contracts run on 6 months at a time, so never classed as 'permanent'.

Say if we did decide to 'risk it' (I know this is not advised) would the police have a way of knowing how long both us and the car had been in the country?

Thanks for all the help

Sam,   sorry if I appear to be pedantic, but you are trying to ignore the law, 

As I said,  "As soon as you decided to work in Spain you automatically became resident with the requirement to register on the EU Citizen Register (often but incorrectly called Residencia)."  Not to register is at least a technical offence although I have not known anyone get more than a 'telling off' for not doing so.

I can assure you:  You have been resident since you decided to take work. That is a fact and as you started work you cannot even lie as to your status as some might suggest you do.  Your employer, and employment records,  prove how long you have been here.

Trying to claiming ignorance is no defence and blaming your employer is pointless, it is your responsibility.

Re car:

If they take your car it is for you to prove they are wrong. Also, it is your car not your boyfriend’s.  

A couple of weeks ago I saw a UK registered car removed by the police. The owner was claiming to have been working in Spain only 5 months.  He told me that as the car was worth only about £1,500 he would relinquish ownership as that would be his cheapest way out.  ( NB   I cannot confirm if he was treated correctly or if his decision was the best one, but his car was taken).

Speaking from personal knowledge: Do not under estmate the police.

As far as I am aware I do not officially have resitents status,

Is your employer paying tax for you through the Spanish pay as you go tax system or are you oficially self employed (Autonimo) Do you have state healthcare courtesy of your companys social security payments or your  own self employed contributions ?

If any of the above is yes your are certainly in the system and a resident.

If no, well you may as well take a flyer with the car because you are in enough potential trouble already. Please, for sake of everyone you may encounter duing your stay, make sure the car is fully legal in it's country of origin and you have valid insurance

I wouldnt worry we drove a 1985 Ford Sierra right hander for 15 years no one bothered us we just had a few hundred euros TIP in case we got pulled up but never needed it

Hope that helps 

Love Hugh xx

I never understand why people bring UK registered cars to Spain other than for a holiday or if you wish to do as Tony down the pub and Hugh states

So much paperwork, so much risk etc. etc. etc.

Good advice from johnzx

I would suggest you go to an expat garage and trade in your UK registered car and get a Spanish car simple really.

Then talk to your employer(s) about contract status and getting registered for health care with a SIP and registering on the EU foreign resister (aka called by many as “residencia”)

There are two questions, are you legally in Spain and is your car legal?

Your car will be registed in the UK and the Spanish Police can easily check it's status via publically avalable web pages.

if the car is not Regstered, Insured, Taxed and Tested (if applicable). then it is liable to be seized and you are liable to be fined.

Hugh may have got away with it for years, but that was in the dark ages of no internet.

Actually the costs of running a car in Spain are significantly less than the UK so it may make financial sense to change the registration plates over.

Or you could go on playing Spanish Roulette advertising that you are a Brit with 'Nick Me' on your number plates.

If you are in any EU State for for than 6 months plus 1 day in a year  then you are automatically resident in that country and have to file tax returns etc. There are a few exceptions but from what you post you do not fit any of them. Therefore as a resident you are not allowed to own a foreign registered car. Also not mentioned on other posts here I understand that from last year foreigners that are resident in Spain need to change their driving licence.

Whilst a lot of people will tell you that they have 'got away with it for years' does not mean that you will. It all depends on whether you are a) honest or b) a gambler.

There is a lot of info on here that is telling you a)  get it re-registered,  b) ditch it or c) play roulette with the 'fuzz'.

Hugh, are you sure you drove a 1985 for 15 years? Thdy usually get to 5 years then rust away, even in Spain.

Rossetti

Thank you for your help.

So I am correct in understanding that althogh the car is fully road legal, MOT, tax and insured in the UK, it cannot be driven in Spain by a spanish resident? Not even for the first 6 months that it is here?

Also, with regards to my residency, my employer isn't very helpful and all my colleagues are in the same boat. 

Any advice on what we need to have and what to do would be much appreciated.  All we have is a paper NIE that we recieved when we first arrived.

So I am correct in understanding that althogh the car is fully road legal, MOT, tax and insured in the UK, it cannot be driven in Spain by a spanish resident? Not even for the first 6 months that it is here?

That is what I have said several times now.

Also, with regards to my residency, my employer isn't very helpful and all my colleagues are in the same boat. 

Go to the Documentation section of the National Police Station (comisaria)  which covers the area where you live. They will give you the info you require.  However it has been covered in EOS threads  many times so can be found by doing a search.

"with regards to my residency, my employer isn't very helpful". Perhaps because it's not his responsibility. You don't "apply" for residency - you already are a resident, but you should follow John's advice and go register. You'll get a green piece of paper that states you are resident. 

Incidentally, this is different from tax residency, which applies automatically after 6 months (so in your case also applies anyway); you do NOT necessarily have to file a tax return, it depends on your circumstances. Also, you do NOT have to exchange your driving licence. 

Oh dear, so much conflicting information! Bet you wish you'd stayed home! 

Do you have an employment contract 

In regards to a Spanish resident driving a foreign registered car we discussed this some time ago on here and it is a myth same as in uk especially for valid EU licence etc I personally thought that but after much investigation in spain and uk I was wrong and it is a myth

Also  do you have a Spanish DL or uk

Re Resident drivimg non-Spanish Reg.   

That  is most interesting Tadd.  Can you please point me to the legislation which shows that (I have searched but cannot find it)  as I would like to bring it to the attention of Guardia Civil,  National Police and R.A.C.E.  (RAC of Spain) all of whom have told me it is illegal. 

Many thanks ,   John

From the EU Europa site - all the answers are there - wonder what will happen to all these rules and regs when we leave

If you keep your normal residence in your member state but you stay in another EU country for less than 6 months, you don't have to register your car or pay any registration taxes there - it will remain registered in your country of residence. You may however be asked to pay other taxes related to the use of your car in that country (circulation taxes).

If you're staying in another EU country for less than 6 months and haven't registered your car there, you may not legally lend or rent your car to a resident of that country, who may only drive your car if you are in the car with him/her.

You may, however, lend your car to visiting friends or family - provided they are not resident in your new country.

Johnzx

As discussed previously I have been in touch with the DVLA, the UK police and insurance companies

The police in Spain (GC office in Torrevieja), my solicitor in Spain and my Spanish insurance company and all are in COMPLETE agreement that as long as you have a valid licence, insurance, permissions to drive the car form the owner etc. no problem.

In addition only last month I was stopped by the GC driving a UK registered car (the owner was on holiday visiting me and my family in Spain), near Torrevieja Hospital to be exact, with my Spanish DL, Spanish residence and checks were made at the roadside by the GC with no problems, I even had my UK passport with me but they did not want to see it and were happy with the Spanish DL  etc.

I am named on the owners UK insurance and before you ask the insurance documents are in the car but they did not need to see them.

The only problem that you may have is being a UK (or Spanish) resident is registering a foreign registered car at your residence

There is no legislation in either Spain or UK that I can find that states one way or another which again supports all the information I have received and in my experience.