09 Jun 2012 2:11 PM:
Guy,
Perhaps my point wasn't clear enough:
1. As far as I understand it, a person is classed as a resident in Spain if they reside here for more than 3 months at a time without returning to their native country, and are treated as a resident of Spain by the authorities in both countries regardless of whether they have gone down the official residency route or not. This means that they are not legally resident in the UK even if they still own property there, and are therefore they not legally entitled to UK NHS health care. Until recently this has not been too much of a problem for people who have been telling their UK GP's that they are still resident in the UK, even when they live in Spain for more than 3 months at a time, as no one has been checking . However recently I know several people who have returned to the UK for treatment (not UK residents as they have lived continuously in Spain for more than 3 months and they have been interviewed by their NHS practice managers regarding dates of arrival and departure from the UK etc and have had to lie to get treatment. At this stage the Uk authorities do not seem to be checking border control records but I suspect that is a matter of time.
2.. The Spanish health service is contribution based and the UK health service is residence based, so although a person can be a Spanish resident, if they do not pay tax and NI in Spain they are not entitled to Spanish NHS health care nor will they be contributing to a Spanish pension.
3. People who return to the UK every 3 months and then stay there for 3 months are enttitled to access the NHS as they are still UK residents
4. Tax residency status is different to the residency associated with where one lives and is a little more complex, though in essence it relates to where income is earned or pension is sourced.
My point is that people under pension age who live in Spain for more than 3 months without returning to the UK for 3 months, could find that their access to the UK NHS is closed in the near future as the authorities in the UK are taking much tougher line and in answer to your question "Why should the UK authorities care?" I would think it is because all National Health services are increasingly short of money and need to cut back on expenditure where ever possible.
The point of my original post was to offer our experience of the "system" for health care when under pension age and highlight the various pitfalls and benefits. As far as I can see the rules are fairly simple regarding residency and tax residency, and a good lawyer/accountant can sort out any problems or queries. What is clear from our experience is that it is not up to individuals to choose to comply or not comply with either Spanish or UK legislation, though some seem to think this way.
We have already had an unannounced inspection from The Hacienda (Spanish tax office) to confirm that my husband's business is legal and correctly registered for tax etc,. they also wanted to check where his income is earned, to ensure he is paying tax in the right country and paying tax and NI in Spain just to access the Spanish NHS. So I think it would be naiive to think "the authorities don't care" maybe it was that way once but times are changing.
You might also find that car insurance companies actually do expect you to comply with residency rules and if you have not then your policy may be invalid if you are unfortunate enought to have to make a claim.
This message was last edited by rowantree on 09/06/2012.
Thread:
moving my mother to spain
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