Residents

I've heard a rumour that non residents can only stay in Spain for 6 months from 31st December.

is this true or just a rumour.

thanks

pete

Pete

It's not a rumour, it's has always been that way as far as I am aware. I believe that you can only stay up to 183 days a year, if you stay longer than that you are classed as a Spanish resident and all the implications of that such as tax etc

Hi Pete, is your question about EU citizens or UK citizens or non EU citizens?

If the UK then when the UK exits the EU 31^st December 2020 the short-term visa or Schengen visa will apply and allows non-EU citizens to stay in the country for 90 days. It is also called tourist visa.

Hope this helps.

Unless there is an agreement making the usual rules for non EU nationals different for uk nationals, they will only be allowed to spend a total of 3 months, in any 6 months, in the schengen area.  
 

So maybe 2 months in spain plus 1 month in say Portugal.

You are allowed to stay in any European country for 90 days out of 180 days.

The easiest way to check how many days you can stay is to count backwards 180 days, count how many days you have stayed in any (or mulitiple) European countries

deduct htat from your 90 and you have the answer to how many more days you can can visit and stay in a European country.

Moving around different countries still counts towards you 90 days. ie you can't fly into Spain and go home via France thinking the clock resets, it doesn't, it still counts towards your 90 days.-

The 90 day rule is correct but quite difficult to monitor and implement for EU citizens where there is free movement of people and no passport stamps entered. Even with non EU citizens where passports are stamped and visa’s required little or nothing is done about minor overstayers, but that might come to an end one day.

Some British seem to think just because they have a British passport they can come and go for as long as they like anywhere in the world, beware many countries will not allow overstayers to exit without payment of large fines or prison until the fine is paid.

If you are in a foreign country EU or Non EU and need to overstay just go to immigration and explain your situation and ask for help.

Thank you all for all your valuable information.

one last question if I bought a property in Spain would I only be able to use for the 90 days a year?

or how would my wife and I become a resident?

thank you again 

pete

You can use it twice a year for up to 90 days. So 180 days of the year (about 6 months) but no more than 90 days in a 6 month period.

To become a resident it needs to be your permanent place of residence that you will be staying in permanently for more than 183 days a year. You need to transfer your healthcare and pay income tax on your worldwide income in Spain.

In my case, I need to spend five consecutive months a year in Spain (this relates to work on my smallholding/finca). This means I cannot carry on as before Brexit, keeping my time in Spain below six months a year. So, it seems I will need to apply for Spanish residency to get around the 90 days in 180 days rule.....even though I will spend seven months a year in UK/elsewhere. Do any solutions spring to mind? 

Hello Guy

Your case seems complicated and I am not sure advice on a forum would be totally reliable. Perhaps you need to contact an immigration lawyer who specialises in unusual cases and has contacts at the Spanish immigration.

Good luck

You just need to apply for a "longer stay visa" usually you can do this by the Spanish embassy, it is not difficult.

If you visited the USA you have to apply for a Visa, even for a short holiday stay, it really is not difficult.

Mariedev wolud probably be able to help you with this, She will be on in a minute 

My sister in law is applying for residency in Spain.

the question I have is would she be paying tax on her government pension from the uk.

her pension is a standard state pension.

thanks

pete

Hi Pete

If she is making Spain her Fiscal Residence and does  no longer  pay Tax in UK. Yes, she will have to pay Tax &  declare her worldwide assets as well . If she is going to pay all her Tax in Spain, the HRMC needs to be advised of her change of address and told not to deduct tax in UK on the State  Pension. She will also need to apply for an S1 Form from the Pension Department  in UK ,once change of address has been confirmed,so as to register on the Spanish National Health to obtain her Health Benefits Card.

Further to nigel 188 reply, the governent pension is not taxed in Spain but it is declared and taken into account when determining the tax rate to pay.

The UK state pension is not taxed in UK but it is added to other pensions, again to take into account the tax level. 

The state pension will be taxed in Spain but should come under the threshold at which tax is paid. I declare both my government pension and my state pension but don't pay any taxes here although the UK continues to tax my government pension which is taxable at source.

Government pensions are paid to retired members of the fire service, police, civil servants, armed forces and local authorities. NHS and teachers' pensions are not classed as government pensions and can be paid free of tax in UK but taxed in Spain.

Maridave I do not understand how when you pay tax on your CP in uk you are not taxed on your OAP in spain as you will have no tax allowance in spain because your allowance is exceeded in uk.

My CP is taxed in uk but I am taxed on my OAP  in spain, where my total taxable income is less than my 'tax free allowance' of 8,100 plus allowance for my wife, 
 

Two friends, both with a CP, who more or less have the same income as me, pay very little tax in Spain. They use the same gestor as me so not a mistake by the gestor.  I recently discovered why.  
 

Neither have informed HMRC that they live in spain so are taxed on their CP and OAP in uk.   In spain they declare the totals of their CP and OAP, as crown pension income in uk.  
 

I have spoken to HMRC who confirm when they discover that happening, they stop taxing the OAPs and inform Hacienda who take action for failing to correctly declare.

I suspect my friends are not alone in evading tax in that way.

This message was last edited by johnzx on 27/06/2020.

Sorry guys.  
 

For those who did not understand that when I said, " if HMRC discover that happening "   I did not give a name other my own.

 Had I not asked HMRC what the tax situation was in those circumstances,  someone would probably have questioned how did I know what I was saying was correct.