Spanish Residency

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Posted and filed under Spanish Residency, Taxes in Spain.

Residency For British Citizens in SpAIN

From time to time we have clients say to us that on many websites it says after 3 months you must get residency. On other law office’s websites it says that after 6 months you are legally resident in Spain. Here, we explain all you need to know about Spanish Residency For British Citizens.

This causes a great deal of confusion to those intending to move to Spain. Getting the information correct is important Especially prior to Brexit for expats wanting to get their paperwork in order.


Spanish Residency 2020

The first issue is that, if you are planning to reside in Spain more than 3 months, then you should apply to be resident, to have the right to reside in Spain.

There were changes to the residency regulations in July 2012. The Spanish government introduced new residency requirements for all EU citizens.

Under the new rules, EU citizens applying for residency in Spain are required to provide;

  • Evidence of sufficient financial means to support themselves (and dependants).
  • Proof of private healthcare insurance.

Get more information about spanish permanent residency card requirements

We can help you with all the information on how to get a Spanish Residency card (contact Gema for any doubts on this). Then you have the right to reside in Spain, but that is different to being a tax resident of Spain.



So the FIRST STAGE if you are going to live in Spain is that you ask us to apply for Spanish residency. Then you can start getting benefits as a Resident.


Spanish Residency and Tax

Do I need to pay taxes in Spain, or not?

This is the SECOND STAGE. To be or not be a fiscal resident in Spain?

The 6 months rule comes in to play here. If you live less than half a year in Spain you usually do not need to pay resident taxes in Spain. If however you live more than 183 days a year in Spain you do. This applies even if your business is in the UK (with some exceptions).

For more information, follow your way through the gov.uk link; go down to TAX; then click on “If you leave the UK to live abroad“; there you will see “You must tell the HMRC if you are leaving the UK to live abroad permanently.

You don’t need to tell HMRC if you’re leaving the UK for holidays or business trips.

Many clients have queries on:

  • How they will be taxed as a Spanish Resident?
  • Double-taxation treaty between Spain and Britain?
  • Avoiding having to pay taxes in Spain?

You will find many of the answers in this tax section that you need.

In most cases, they cannot avoid paying tax.

If someone is living in Spain, then they are deemed a tax resident and have to pay taxes to that country, just the same as in other countries.

Everyone knows someone who lives in Spain but still pays their taxes in the UK. There may be a reason for that. For example, UK rental income is taxed in the UK, but the person is still liable for Spanish taxes on this and may have to declare it, which is where the double taxation treaty comes into play.

Tax is a specialist subject and people should ensure that they know the facts before making major life changes. Now, more and more information is being shared between countries and you should make sure you understand your tax residency status (sometimes people may spend less than 183 days or half a year living in Spain but because their family are based in Spain, may still be liable for Spanish taxes).



Is paying tax in Spain a choice?

The main facts you should remember are:

  • It is not a choice where you pay taxes: after 3 months living in Spain you need to apply for the right to reside there. spanish permanent residency requirements
  • If you are going to be living in Spain more than 183 days per year (6 months) then you need to talk to someone about tax residency.

Please remember, and do not forget, to advise your friends and family that Spanish Solutions can help with obtaining Residencias and with Taxes.


240 Comments

  • Linda Van

    On March 8 my nephew left Spain to visit England. Is he allowed to stay 183 days from his return to Spain? Would he be allowed to visit the UK for a week and then return to Spain until his 183 days are up or would he be
    refused entry entry after his visit?

    • Nicola Ryan

      Good Morning Linda,

      Thank you for your enquiry,

      As Spain and the UK are part of the EU we are allowed to move freely between the countries without visas but this may change after Brexit, we hope this helps.

      Kind regards
      Nicola

  • Linda Van

    Thank you for your answer. Another question, please, would an Irish citizen with an Irish passport be restricted to move in and out of Spain after Brexit?

  • Cath Stewart

    For the avoidance of doubt is the 3 month period cumulative or does it mean being in Spain in excess of 3 months continuously?

    • Nicola Ryan

      Good Morning Cath,

      The 3 months period for residencia would be 3 months between the months of January to December, we hope this helps.

      Kind regards
      Nicola

  • Sheila

    We have been staying in our apartment in Spain for six months, we are now returning to the uk.
    Is there a certain amount of time we have to spend in the uk before we can return to Spain for another six months?

    • Nicola Ryan

      Good Afternoon Sheila,

      As the UK is still part of the EU, you can move freely between each country, this may change after the Brexit.

      According to Spanish law, if you stay most of the year here in Spain, you should become a Spanish resident, we hope this helps.

      Kind regards
      Nicola

  • Jo Amos

    I have a house in mallorca. We currently use it 180 days per year. Can I become Spanish resident and continue to pay my taxes in the UK?

    • Nicola Ryan

      Good Morning Jo,

      If you stay in Mallorca for 180 days continually and that is your main place of stay, you should apply for Residencia.In regards to the tax, you should pay your taxes to the country where you reside. We hope this helps.

      Kind regards
      Nicola

  • Roy Swaby

    I am caring for an elderly resident in Spain, how long can I remain here before having to get residency. I understand it to be 183 days, cumulative,
    If I go back to the UK how long would I have to remain there, to ‘restart’ the 183 day rule

    • Nicola Ryan

      Good Morning Roy,

      If you are in Spain more than you are the UK, you should apply for residencia here in Spain. We would not be able to confirm how long you would have to stay in the Uk in order to restart the 183 days again, we are sorry.

      Kind regards
      Nicola

  • DANIEL TREMBATH

    Can I work with only my British passport, whilst I wait for my NIE appointment, who’s is one month.

    • Nicola Ryan

      Good Morning Daniel,

      Legally, no you can not work without an NIE.

      Your NIE is your tax identification number, like the National Insurance number you would get from the UK. When you obtain your NIE it is registered at the Social Security and your taxes are paid. Working without the NIE, your employer will not pay any of your taxes which will mean you will not have any medical cover, we hope this helps.

      Kind regards
      Nicola

  • Jane

    A young relative of mine (Uk national)with is being sent by her uk-based company to work in Madrid for 5 months- does she need to apply for residency after 3 months. Should she apply before she leaves the uk or can she apply after 3 months in Spain? Is she only covered for medical treatment using her EHIC for the first 3 months- the information varies from site to site?
    Thank you, Jane

    • Ian C.

      Hello Jane,
      You are not alone with this confusion about residency for British people in Spain.

      Really your relatives´ employer should take care of all of this.
      Within the next five months, assuming Brexit has happened, nobody can tell you what the rules are. I am sure EHIC will cover her for that period, but we cannot say for 100% certain. A no deal Brexit could mess things up for a while. If he/she is only here temporarily for work, there is currently no need to get residency. I assume they will continue to be paid in the UK? Please send us any questions you have closer to the time, but keep an eye on Brexit rules!

      Amanda actually wrote a blog about residency for British people.
      https://www.spanishsolutions.net/blog/newsletters/residency-for-british-citizens-in-spain-and-the-3-6-month-confusion/

      Hope this helps. You relative will have a great time in Madrid- Beautiful city!

      Ian

  • Sylvia

    I have been residing in the UK for 20 years but i have a spanish passport. I am self employed and I stay 5 months in Spain every year, consecutively. I want to continue doing the same after Brexit… Will my passport allow me to stay in Spain those 5 months without a Visa or will I have to request one every year?

    • Ian C.

      Hello Sylvia, Really we do not know for sure what the rules will be after Brexit. Please follow us on Facebook and as soon as things appear to be clearer, we ́ll let our client know…. have you safeguard yourself from Brexit in terms of health care, donation of property, wills etc?
      There are big changes coming for British people in Spain and you should be as prepared as possible. Please download our Brexit guide (from our home page) and for now- please do not worry. In our opinion, it’s all going to be just fine after Brexit!!!

  • J..Pendleton.

    I am a British citizen going back to the UK after living here and have a permanent resident card. I’m now going live permanently in the UK , what do I do about my permanent resident Jcard ..

    • Nicola Ryan

      Good Afternoon Mrs Pendleton,

      When you leave Spain you must visit your local town hall to surrender your Residencia and de-register from the Padron, this has to be done in person, we hope this helps.

      Kind regards
      Nicola

  • Jill Haddon

    Hi there
    30 years ago I had a residenca because I lived in Lanzarote for 3 years. Will it still be valid now after all this time?

    • Nicola Ryan

      Good Morning Jill,

      It would be best to visit your local town hall with your residencia, the next time you are in Spain. The town hall can then check your residencia status. The town halls are know to issue letters requesting you visit and sign a register to confirm you are still live in Spain, if you do not attend the town hall, they can remove you as resident, we hope this helps.

      Kind regards
      Nicola

  • Paul Hardy

    Hello, We have owned a house in Spain since 2014 and both have NIE numbers to allow payment of non-residents tax. I have recently been made redundant and don’t plan to work again. I have 3 years before I can draw my pension and will be living off investments. My partner is still working and will be for the next few years, as she’s younger than me. I’d like to apply for residency, but not fiscal residency, to provide some protection of my right to residency in our Spanish house after Brexit. My question is whether I can apply when next in Spain without having been in the country for 3 months? Also, could my partner apply in the same way.

    I look forward to hearing from you.

    Cheers,

    Paul

    • Nicola Ryan

      Good Morning Paul,

      You can only become resident here in Spain if this is your fixed abode, this is your main place of stay. When you apply for your residencia you have to provide evidence that you stay here. When you are resident here in Spain you should also pay your taxes here,we hope this helps.

      Kind regards
      Nicola

  • Mike Powell

    Good evening. We are planning to go to Tenerife to rent a property for 6 months in October, returning to Britain for 2 weeks at Christmas. Unless Brexit changes the situation, do we require any further documentation other than our British passports?

    • Nicola Ryan

      Good Morning Mike,

      At this stage you would only need your Passport and E111 card which will give you health cover in emergencies, we hope this helps.

      Kind regards
      Nicola

  • eddie

    came to spain in 2005. Had residencia when i arrived . This year i needed to change my driving liscence to spanish but couldnt find my residencia.Went to get a new one but got refused because my savings was not enough and my nomina was too low.been wroking for a company for 8 years and took all relevant documentaion showing taxes paid by employer etc . Basically told me to drive on uk license just come off the books or leave country after 90 days. Any ideas please ?

    • Nicola Ryan

      Good Morning Eddie,

      That is correct, when you loose your Residencia and have to apply for a new one they base the application on your current situation. It may be worth while asking your employer if they can increase your hours for a duration to allow your social security contributions to meet the requirements of a person working, you have to be working a minimum of 25 hours a week to apply for residencia as employed. You can request your Vida laboral after 30 days and then apply for your new residencia,we hope this helps.

      Kind regards
      Nicola

  • Joanne L

    My partner has a number of properties in the UK that he rents out. These properties all have mortgages on them. How would his tax be affected if he became a resident? Previously he´s been advised to stay as a non resident by his solicitor and a local tax advisor but he does live here permanently. Can you shed any light? Thank you

    • Nicola Ryan

      Good Morning Jo,

      We understand, It would be best to have a consultation with a Fiscal Advisor here in Spain, to get the correct information before making any decisions, you should be paying your taxes in the country where you live. We have emailed you directly for some further information.

      Kind regards
      Nicola

  • Lynn Green

    I have a house in Spain and was non resident. I worked in private boarding schools in UK so accomodation was provided to enable me to work as I lived and worked in the school. March this year I resigned and took residency in Spain, and all paperwork is changed. I will complete non resident tax form this year and resident tax form next year.

    I paid tax in UK utill March 2019

    Even though i am resident in Spain, am I still allowed to work in England for 180 days a year as long as i pay taxes to Spain.

    I am sure there are many prople who reside in Spain but also work in UK. My home is in Spain and I dont have any property in the UK, but may want to take short contract work in UK if allowed. please advise

    • Nicola Ryan

      Good Morning Lynn,

      Yes of course you can take a contract of work with the UK, you will declare this when you do your Renta (residents tax return) next year, We hope this helps.

      Kind regards
      Nicola

  • John Stubbs

    I have a holiday home in Mallorca which we visit for a maximum of 4 months a year spread over the year. After brexit how is the 3 months in any 6 months calculated? I assume that the use of the word “any” implies that it is a rolling calculation but I have been told that once you have used your 90 days you cannot return for 90 days, this doesn’t seem logical as you may not use 90 days in the first 180 day period. Hope this makes sense.

    • Ian C.

      Good Evening John,

      The 6 months will be a continual 6 months. The information being rolled, out especially from the UK authorities, is all very much hear say at this stage, The Foreign office here in Spain have gave no information on what will happen after Brexit, as soon as we have any update we will let you know via our news letter.

      Regards,
      Ian

  • Valerie Lorimer

    I have been asked by the bank for my deceased mother’s residencia number. Can you please advise where I obtain this? Thank you.

    • Nicola Ryan

      Good Morning Valerie,

      We are sorry to hear about your Mum.

      The residencia number will be your Mums NIE, this will be on an NIE certificate (a White certificate) or a residencia card or certificate (green card or certificate).

      Can we ask if you have a Solicitor dealing with your Mothers estate please, if so they will be able to give this to you. If you have no Solicitor, please feel free to email us any documents you feel may be the NIE or residencia and we can confirm this for you.

      Kind regards
      Nicola

  • Mervyn

    How does someone get a green card (residency). They have been here for 15 years, been working and with health card.

    They never got the green certificate when they first arrived but now need it as the bank have closed their account until they provide one.

    As they were here (and resident) before 2012, do they still have to prove sufficient income?

  • David

    If I live in Mallorca for 14 days, return to England for 5-7days and repeat this 7 times in the same year would I be able to secure residency in Spain having lived more than 90 days in Mallorca in 1 year?

    • Nicola Ryan

      Good Morning David,

      To apply for residencia, Spain has to be your fixed abode, where you spend most of the year and where your home is. When you apply for residencia the Foreign office will ask for evidence that you live here in Spain, they will ask for 3 months bank statemenets showing that you pay rent or a mortage, utility bills, food ect. We hope this helps.

      Kind regards
      Nicola

  • Andrew

    Hi, I am glad I found your website, my question is I work 60 hours per week in the UK from may to September, 5 months, I am employed so am taxed on my income, I have no UK rented or mortgaged property as I am supplied wit1h accommodation with my job so no real permanent UK address, I am now looking at staying at my partners family villa in Olivia from September to April but won’t be working while I’m there just wanting a more relaxed way of life, as it is a long holiday what would I legally have to in respect of residency and taxes, as I don’t want to work only have time off do or can I apply for residence alone if needed thank you.

    • Nicola Ryan

      Good Morning Andrew,

      If you intend to stay in Spain most of the year you should become resident and when you are resident in Spain you should submit your tax return here regardless of where you work, we hope this helps.

      Kind regards
      Nicola

  • Will Sheeran

    Hi, I will be spending more than 183 days in Spain. However, as I have family and property in the UK and will be working there for more than 40 days, I will be considered a UK resident for tax purposes. To which country should I be paying taxes?

    • Nicola Ryan

      Good Morning Will,

      If you are in Spain more than 183 days of the year you should paying your taxes here in Spain and applying for residencia as this is where you spend most of your time.

      If you pay tax to the Uk in your salary this will be taken in to account when calculating your Spanish tax return. It would be best to speak with a Fiscal Advisor who will discuss this in more detail. We have an excellent fiscal advisor with indepth knowledge of the Spanish tax system, who would be happy to help.

      Kind regards
      Nicola

  • Jesse

    Hello. I’m looking at moving to Spain in the coming months. I will be working outside of Spain, and residing there for less than 183 days per year. How is it easiest to apply for residency as a Canadian? Also is the 183 days per calendar year? Thank you.

    • Nicola Ryan

      Good Morning Jesse,

      As Canada is not part of the EU, it will be more difficult to obtain your Spanish residencia, there are more requirments and paperwork needed. When you enter Spain it will be on a 3 month tourist visa. It would be best to contact the Spanish consulate to obtain information on the residencia and also the Visa prior to your visit, we hope this helps.

      Kind regards
      Nicola

  • Adam

    Hi Nicola,
    If I worked in Spain from September 2019 until the middle of June 2020, would I be considered a tax resident? As it would be less than 183 days in 2019 and 2020 although the contract would be 9 months continously.

    Thank you very much :)
    Adam

    • Nicola Ryan

      Good Afternoon Adam,

      Yes, you would be considered tax resident as you will have been in Spain for over the 183 days, we hope this helps.

      Kind regards
      Nicola

  • Rich

    Hi, last year I registered and I have a Spanish residence permit (green card) as I was planning on regularly spending more than 3months in Spain at the same address. Did that immediately nullify my previous lifelong permanent UK residence status? Or does the fact that I still have a UK address and attachments make me dual resident?

    Can I still use my UK EHIC in Spain for emergencies, as I am not working in Spain and as of yet I haven’t quite spent enough days in Spain to become automatic Tax resident?
    Many thanks
    Rich

    • Amanda Thomas

      Hi Alex, We are a little confused, so perhaps you could email Yan on info@spanishsolutions.net with more information. But basically if you are not Resident and living in Spain, then you should be fine using a EHIC from the UK,

  • Clare

    Hi
    I plan to travel around Spain for 4 months ( definitely not working in any capacity) does this mean I need to apply for residency as over 3 months- could I go to Portugal for a few days in the middle of this time as a way around applying for residency?

    • Amanda Thomas

      Hi Clare, How great, no, you do not need to, either apply for residencia or go to Portugual. Unless you would like to, of course :-)

  • Clare

    Thanks so much for your reply. (Now just keeping fingers crossed that Brexit does not negatively impact upon my plans too much) thanks again

    • Amanda Thomas

      Hi Clare, It is our senior lawyer’s view that Brexit will only complicate paperwork a little and have a negative effect on things like inheritance and donation taxes, so it should be okay. All the best.

  • Chicarona

    Hi. My husband is Spanish and resident in Ireland for the last 16 years. I’m Irish and we have two young boys that we want to send to primary school in Spain. We are considering a move to Spain next year and want to make sure we have all the required documents in place. Our plan is to go for a year and use our savings. If we can find work, better. We will be renting out our house while away. If we are not working do we still have to declare for tax and as we will be there for longer than three months do we still have to apply for residency if we intend to stay for just a year? Will we be affected by double taxation and if so how? We are both working in Ireland and tax compliant. My husband has his DNI and a Spanish passport. I had a NIE about 15 years ago when we were there for about four months but only my husband worked very briefly before we came back to Ireland. Any information would be great. Thanks.

    • Amanda Thomas

      Hi, thanks for your message. There is a difference between getting Residency (Residencia) and fiscal or tax residency. Many people mistakenly get the Residencia and don’t realise they have to get another document and register with the tax office to become fiscal Residents. My first starting place would be to contact the school and find out what documents they need, is it just NIE for you and the children or is it Residencia. Believe me, in different areas it can vary (and schools). For Residencia in this area now, you to have to be able to prove to the authorities that you have around 8,000€ in the Bank, or a work contract or a pension. You also need to show proof of a fully comprehensive private health policy, and that you have used a Spanish bank account for living for about 6 months. So if you do not need Residencia for the school then I would not try at the beginning. If you intend to stay a year, I would talk to us at about 4 months in. Paying tax as a Resident is not only becoming fiscally Resident and stopping the tax in Ireland (there is not double taxation but it can take a while to sort out) but also you pay above certain income thresholds. You should contact Ana office@spanishsolutions.net for more info in this respect. And Yannelsis regarding Residency info@spanishsolutions.net. Your husband will need to use his DNI and you your NIE to rent a house, so you will need that document. If you can’t find it let us know. Hope this helps.

  • Wendy wallace

    Hi
    My husband & I are planning to travel down through France (approx 2/3months) & then onto Spain this September for a further 3 months, possibly longer. We will not be working.
    Can we stay for this amount of time without having to obtain any residence visas, particularly in Spain?
    I have read that you can’t stay in a schengen country for more than 90 days in any 180 day period & obviously we would be. Also we will be away when & if brexit happens at the end of October & wondered I this may affect things?!
    Kind regards
    Wendy

    • Amanda Thomas

      Hi Wendy, For the moment you can stay in Spain, because this is only for non European citizen. If you are here just for vacations it is fine. But, after Brexit I am afraid we all don’t know what is going to happen.

  • Emily

    Hi I’m from the UK and received my non fiscal Spanish residency early July 2019 and plan to move out in October (later if possible) as my partner in is Peru and I want to move between Spain and Peru. Two queries: Now I have residency do I HAVE to be in Spain for 6 months out of the year to maintain my green card and if so, is this from July 2019? Secondly, if we marry (he’s non EU) can he join me next year on the basis of our marriage. I was single when I registered as resident. Many thanks in advance. Great site!!

    • Amanda Thomas

      Hi Emily, Thanks very much! As a complicated question and quite personal to you I have asked Yannelsis to contact you directly. Thanks

  • Filip

    Hi, I am an EEA citizen who is a permanent resident in the UK (7 years).
    I am now taking a job contract in Gibraltar (UK territory), which is a minimum of 12 months long but can also be longer. I am not that concerned about paying taxes in Gibraltar and Spain.
    I am planning on having frequent fortnightly trips back to the UK and my prime objective is to maintain the UK permanent residency / ILR for naturalisation purposes. How do I ensure that being a Spanish tax resident who rents in Spain and works in Gibraltar, doesn’t override my current UK residency? In a nutshell, I don’t want my citizenship application being disrupted by this job contract. Tricky situation, please advise. Perhaps there is an immigration adviser that could help in this matter?

    • Amanda Thomas

      Hi, Sorry a little confused as you said you were and intend to remain a UK resident but also said “How do I ensure that being a Spanish tax resident who rents in Spain and works in Gibraltar” – You are going to live in Spain but wanted to keep UK residency? THanks

  • Michael

    Hello
    I am thinking of buying a spanish property when I retire next year (55) – I have properties and stocks & shares isa’s in the UK which will give me my retirement income. I will keep a uk house also. I would love to spent as much time as possible in spain; I’ll probably come back and forth as needed. Its important that I remain a UK tax resident for the tax free isa income and the mortgage deeds of my rentals. Would I therefore be limited to 183 days per year maximum limit in Spain ? If so how does anyone check up or verify this ? Do I need to keep plane tickets etc ?
    Many thanks

    • Amanda Thomas

      Dear Michael, I was following a thread on this on the CAB website last night (a voluntary citizens advice group not linked to CAB UK). They were saying that Residency documents will be checked at borders, but really I think it is not 100% certain on this point yet, given we are not sure what will happen. I don’t think you will regret buying a Spanish property and as long as you are aware of current rules you will be able to work with them. When looking for a property please contact us to best advise you on everything (and there will be a great deal) at that time. All the best.

  • Richard Elliott

    My wife and I are renting a property in Spain from 1st Nov until 31 March 2020. We have taken out medical insurance for the whole period. Will we need a Visa to stay for the extra days after the 90 days or if we go to the local town hall would they give us a residents permit.We will be staying in the same property for the duration. Would like to hear your comments
    Regards Richard Elliott.

    • Amanda Thomas

      Dear Richard, At the moment you are fine as you are Europeans. Currently, I am sorry, but we do not know what the situation will be after Brexit, if it happens.We will have to wait to see as matters develop.

  • Sam

    I’m going to be studying in Spain for 9 months. As a student it says I will need to be able to show proof of my registration in an education institution, proof of public or private health insurance (would an EHIC suffice?), and formal declaration that I have sufficient means to support myrself during my stay. How would I prove any of this? I can’t find any information.

    • Nicola Ryan

      Good Afternoon Sam,

      We are assuming this would be for your residencia application, if so, it would be best to contact the administration office where you are going to study, they will be able to help with the required documentation. They should be familiar with this as many students will have the same requirements. We hope this helps.

      Kind regards
      Nicola

  • Stephen Williams

    Hi, my wife and I own a property in Tenerife. We will retain our uk property but live in tenerife for 7 or 8 months per year. Pre or post brexit we know we will need to become residents and pay taxes in Tenerife. We are retired, but are only 63, and own a small limited company in England which owns some properties which are let out and my wife and I take a small income each plus dividend to live on. What would the minimum income requirement be and are there any allowances on income before paying tax etc.? We realise we would need to arrange private health cover. Our level of income in England means, after allowances, that we pay very little tax and are concerned that the increased amount of tax etc we would incur in Tenerife may be prohibitive, resulting in us possibly abandoning our plans and selling our property.

    • Nicola Ryan

      Good Afternoon Mr Williams,

      It would be best for you to have a consultation with a Fiscal Advisor, here in Spain, before deciding to go for residencia. The Fiscal Advisor will discuss your tax options, as a resident, based on your situation. We hope this helps.

      Kind regards
      Nicola

  • Hanna

    Hi there, I’m moving to Barcelona at the beginning of September with the aim of this to be long-term. I freelance through my UK limited company and plan to continue to do so in Barcelona.

    As the Spanish financial year ends in Dec, is it best to wait until January or April (when the UK financial year ends) to start paying taxes in Spain and in the meantime continue paying UK taxes?

    Also, If I apply for my NIE as soon as I get there does that mean I have to start paying taxes immediately?

    • Nicola Ryan

      Good Afternoon Hanna,

      It would be best to speak to a Fiscal Advisor, here in Spain, they will be able to provide tax advice specific to your situation. In regards to the NIE, no you do not have to pay taxes, the NIE is a tax identification number. We hope this helps.

      Kind regards
      Nicola

  • Patricia

    Hi we are pensioners who want to apply for residency in Spain, but on the form it states in brackets (we need €7500 each in savings for beneficiary purposes only) not sure what this means, also we have our pensions paid into our UK bank will they take this as proof of income or does it have to be our Spanish bank?

    • Nicola Ryan

      Good Afternoon Patricia,

      The 7500€ would only be applicable if you were applying for your residencia as “unemployed”. If you are in receipt of your state pension you will apply for your residencia as “retired”.

      The fact that your pension is payed in to a UK account will not hinder your residencia application. You will need the bank statements from the UK. We hope this helps.

      Kind regards
      Nicola

  • Sarah

    Hi. I am currently a UK resident, I would like to spend 180 days in Spain in 2019 and 180 days in Spain in 2020.
    If I get residency in 2019, could you confirm if I would not become a tax resident until 2021, when I plan to be in Spain permanently.

    To summarise I want to get Spanish residency before Brexit but not to become liable for Spanish tax until 2021, so I can sort out my financial affairs in the uk first.

    • Nicola Ryan

      Good Afternoon Sarah,

      To apply for residencia, you have to be living in Spain for more than 3 months. The Foreign office will ask for proof of this for example Spanish bank statements ect. We hope this helps.

      Kind regards
      Nicola

  • Mira Szczerban

    Excellent website….Just found it..May need some advice in the near future.In the meantime I would like to say thank you for your hard work and professionalism.Mira

    • Nicola Ryan

      Good Morning Mira,

      Many many thanks for your kind words, I will pass your comments to the rest of the team.

      Kind regards
      Nicola

  • Graham Stacey

    Hi,
    My Wife and I moved to Spain last October with the plan to live here permantly.
    We have obtained our NIE and Residencia.
    We have pensions and rental properties in the UK that fund our life style here in Spain.
    We are aware that we will have to pay tax here in Spain on our UK income, however a friend has advised us that we should re-apply for non fiscal residency which would allow us to pay our taxes in the UK and not in Spain.
    Is this correct and if so how do we change our status to Non Fiscal, thank you, Graham

    • Nicola Ryan

      Good Afternoon Graham,

      You need to pay your taxes in the country where you stay.

      If you moved to Spain last October you must start declaring your taxes, in Spain, for year 2019, in 2020.

      As a resident in Spain you will have to pay taxes in Spain for your pensions (even if it is an estate pension) and rental income and stop taxes to the UK. To change your status to non-fiscal resident, you will have to cancel your residencias and de-register from the padrón.

      Kind regards
      Nicola

  • Kev Noolan

    Hi, I’m have a Spanish property I stay in in Summer for up to 5 months. I am both resident and tax resident in another EU country and want to stay as such. Do I need to become Resident in Spain as well since I spend more than 3 months there?

    And can I be resident in two countries simultaneously?

    • Nicola Ryan

      Good Morning Kev,

      If you are in Spain for more tan 183 days you should be paying tax here, it would be best for you to speak to a Fiscal Advisor, here in Spain and they will be able to advise you according to your situation, we hope this helps.

      Kind regards
      Nicola

  • Denise

    My husband and I will be in Spain from October 2019 to February 2020, total of 4 months. We are British citizens. As we will already be there when Brexit happens will we be required to leave after 3 months if UK is no longer in the EU? Love your website. Thanks so much for your hard work.

    • Nicola Ryan

      Good Afternoon Denise,

      Unfortunately, this is a question we can not answer as no-one knows what changes will take place after Brexit, we are sorry.

      As you are already in Spain, you should be able to stay for your fourth month. It will be on your next visit to Spain that any changes will affect you. We hope this helps.

      Kind regards
      Nicola

  • Peter Skinner

    We are in Spain in excess of ninety days per year (cumulatively, not continuously). Is there anything to be gained from applying for temporary residence anyway?

    • Nicola Ryan

      Good Afternoon Peter,

      There is no temporary residencia, when you apply for residencia it is permanent, you are stating that Spain is your main place of stay.

      We hope this helps.

      Kind regards
      Nicola

  • John

    my name is John from nigeria, i have been in Madrid since June , 2019 for Technical training which is related to my job back home and departing spain come september and i have fallen in love with spanish culture and her people and i wish to relocate in the nearest future to spain. please what are the steps needed to achieve this

    • Nicola Ryan

      Good Afternoon John,

      As Nigeria is not part of the EU you would need to contact the Spanish Consulate to discuss what documentation is required to allow you to stay all year round. We are not familiar with this process, we are sorry.

      Kind regards
      Nicola

  • Mark Harris

    I will be renting a holiday apartment in Lanzarote from 06/11/2019 until 27/03/2020 if the uk leaves without a deal will I need a visa
    Thank you

    • Nicola Ryan

      Good Morning Mark,

      We would not be able to answer your question as no-one knows what changes Brexit will bring, we are sorry.

      Kind regards
      Nicola

  • Elizabeth Carson

    We have had a property in Spain for some time now. We have spent 180 days in most years in Spain but with our main residency being in UK and therefore spending more than 183 days in UK. We understood only an NIE Number was required and not Residencia for our visits to our home in Spain. Can you tell me if in fact we have been legally correct with our interpretation and what in fact will be our time constraints in visiting our property post Brexit

    • Nicola Ryan

      Good Morning Elizabeth,

      That is correct, only an NIE is required. We are sorry but we can not confirm what will be needed to visit Spain, post Brexit. The Foreign Office, here in Spain have not released any information or guidelines as yet. When they do, we will detail this in our newsletter, we hope this helps.

  • Hans

    We own a property (holiday home) in Spain and we are planning to have an extended holiday from September until Christmas (around 4 months). During this time our 2 children will go to a local private school in Spain. We live in the UK and own a business that we take an income from (we pay all taxes in uk). We also plan to use our UK registered vehicles while we are there. Do we need to apply for residencia because we will live there more than 90 days? Is there any paperwork we should carry with us to prove we are not resident etc? Any advice would be greatly appreciated.

  • Janice

    We are New Zealand citizens who wish to rent a property in Spain for 6 months as tourists. Will we have to get a residency permit and if so does this have to be done before we arrive in Spain. Many thanks

    • Nicola Ryan

      Good Morning Janice,

      The residencia has to be applied for when you are in Spain and been here for 3 months, the Foreign Office will ask for evidence of this.

      Kind regards
      Nicola

  • Laraine Cable

    Hi myself and my husband wish to live and rent in Fuertuventura 5/6 moths per year, not quite retirement age so would need to work, until we can retire, my husband would want to be self emp as he is in the uk, what would we need to apply for ? Many thanks …we are visiting in a couple of weeks and have an appt at the police station for an NIE ? But what would we need eg paperwork to be able to open a bank account and work self emp ? And to get a long tern rental ?

    • Nicola Ryan

      Good Morning Laraine,

      To start as self employed, here in Spain, you need to speak to a Fiscal Advisor who will set up the company for you and ensure you are paying taxes ect.

      In regards to the bank account and the long term rental , it is best to contact the relevent companies to confirm, we hope this helps.

      Kind regards
      Nicola

  • Colin

    We bought a home in spain in 2016 but live for majority of time in uk. My wife has been forced to retire because work related injury (we are awaiting the award of pension). She has decided to move to our Spanish home permanently from September but I will remain in uk because I own a business and still work. I will visit her in spain for a few days every 4 to 6 weeks. I am in process of negotiating the sale of my business which will allow me to retire by next summer and join my wife in spain permanently too. She is in the process of applying for residency but how does that effect me and my tax position. I wont be living in spain for the time being long enough to qualify yet for residency myself, I pay uk taxes through my business and dont want to be hit with a double whammy and be liable for Spanish tax as well just because my wife has moved ahead. Any tips please?

    • Nicola Ryan

      Good Morning Colin,

      It would be best to arrange a meeting with a Fiscal Advisor, they will give you tax advice based on your situation, we hope this helps.

      Kind regards
      Nicola

  • Nige Byrne

    Good afternoon, I currently own a property in Spain and am an official non resident with NIE number. With the ensuing possibility of a hard Brexit I would like to apply for residency. I work outside of the EU and have never spent more than 183 days a year in Spain and will not for the foreseeable future. Can I apply for full residency without having a Spanish tax liability ?

    • Nicola Ryan

      Good Morning Nige,

      For tax advise it would be best to speak to a Fiscal Advisor the next time you are in Spain. We hope this helps.

      Kind regards
      Nicola

  • Nige Byrne

    Nicola,

    Another comment, If I am a Spanish resident do not work in Spain and spend no more than 90 days a year in Spain do I have a tax liability if I have a property in Spain, apart from the tax liability of the property?

    • Nicola Ryan

      Good Morning Nige,

      You should only be applying for residencia if you intend to stay in Spain full time or this would be your main place of stay.

      But the main facts you should re­mem­ber are:

      It is not a choice where you pay taxes: after 3 months living in Spain you need to apply for the right to reside there.

      If you are going to be living in Spain more than 183 days per year (6 months) then you need to talk to someone about tax residency.

      Kind regards
      Nicola

  • Lucy Kinnison

    Hi there,
    I am a British/ Australian Citizen living in Spain for 15 years as a permanent tax paying resident.
    My British passport is due to expire at the end of October, but I need it to travel to the Uk at the beginning of October and then to Lanzarote for a 3 month period in January. I also have a valid Australian passport.
    I can’t get anyone to advise me as to whether I should renew my British passport or stay here on my Australian passport.
    Can you help?
    Thank you

    • Nicola Ryan

      Good Morning Lucy,

      If you change to a different passport, other than the one you used for your NIE and residencia, for example your British Passport. You have to re-apply for your NIE and Residencia again to show the change of passport and nationality.

      As you are already a Spanish resident and have a UK Passport , we feel it would be easier to renew your UK passport as changing to an Australian Passport and applying for residencia as non EU you will be more difficult, you will need visas ect. The residencia process will also be more complicated. We hope this answers your question correctly.

      Kind regards
      Nicola

  • David Martin

    Hi, my wife and I have a property in Spain. My wife, who at the moment stays for 2 3 month periods, would like to stay there for approximately 9 months of the year. I work in the UK so would be visiting each month whilst she is there. As I support her as she has no income in the UK or Spain would she need to apply for residency?

    • Nicola Ryan

      Good Morning David,

      If your wife is intending to live in Spain for 9 months of the year, yes, she should apply for residencia and if possible prior to brexit. In your wifes situation, She would apply for residencia as either retired (receiving state pension) or unemployed.

      Please see below a link to our blog detailing residencia and the documents required. Please note this the information pre-brexit, the requirement may change after brexit.

      https://www.spanishsolutions.net/?s=residencia

      Kind regards
      Nicola

  • David

    Hello,
    I currently work in Oman. 30 days in a row then off for 28 days.
    I now intend to visit friends each period that i am off who live in Barcelona. However I will only be in the country for 25 consecutive days before returning to work/UK.
    I would ensure that over a calendar year I would not exceed 183 days.
    Can you help with how the 3 & 6 month rules would apply to myself please?

    Thank you for you help.

    • Nicola Ryan

      Good Morning David,

      If you spend more than half the year in Spain or intend to move here you should apply for residencia. As your question is in relation to tax, it would be best to contact a Fiscal advisor when you are in Spain. The Fiscal Advisor will give you tax advice based on your circumstances.

      Kind regards
      Nicola

  • Neil Dibden

    I have an apartment in Spain and my wife and I are thinking of spending more time in Spain but not necessarily for long periods. Is it advisable to register in some form before Brexit?

    • Nicola Ryan

      Good Morning Neil,

      If you do not spend more than 6 months of the year here in Spain, you should not apply for residencia. If you come on holidays, there is nothing you have to do.

      Kind regards
      Nicola

  • Michael Boswell.

    I became resident in Spain on the 23/11/2018 but I’m going back to England to live in January 2020 should i cancel my residency before I leave and also do I have to pay any tax owing I am a pensioner just renting, if in the future I decided to return to Spain would it be possible to apply for residency again .

    • Nicola Ryan

      Good Morning Michael,

      If you are leaving Spain and have no intentions of returning to Spain, to live permanently again, you need to cancel your residencia and de-register from the padrón. You can do this at your local town hall. Yes, your residencia can be applied for again should you decide to return.

      In regards to the tax, you would be liable for 2019 tax and the tax return for this would be submitted in June 2020, we hope this helps.

      Kind regards
      Nicola

  • Will

    Hi there,
    I am an American, with permanent residence in the UK, having lived there the last 10 years, and I’m the unmarried partner of an EU national.

    Now I’m moving to Spain.
    I understand I can only stay in spain for 3 months at a time while I formalize my residency here. Do you know if I could go to another EU country, France or Ireland for example, then return to Spain, or do I have to return to the UK?

    Also, does the 3 month clock start when I arrived in spain, or another EU country?
    When last leaving the UK, I went to Germany before coming to Spain.

    Many thanks!

    • Nicola Ryan

      Good Morning Will,

      It would be best to contact the Spanish Embassy who will be able to answer any questions you have in regards to Visas and residencia application as a non european, we hope this helps.

      Kind regards
      Nicola

  • Mike

    Hello

    I am about to become a spanish resident (for taxation purposes), I rent out a couple of UK houses (my home and another one). The other one has a buy to let mortgage on it and costs £100 / month in interest. The rent I receive combined is £1100 – very simplisticly £1000 profit every month.
    I have read that I get 70% relief against this profit so am I right in thinking I will only pay 19% of the £300 profit every month ?

    My 5500 allowance is already used up by the way.

    • Nicola Ryan

      Good Morning Mike,

      We would suggest you make an appointment with a Fiscal Advisor, here in Spain, prior to your residencia appointment. The Fiscal advisor will give you tax advice based on your current situation.

      Kind regards
      Nicola

  • Mark Ellis

    Hi
    I’ve had a home in Spain for 3 years spending spent around 10 weeks per year there which I intend to increase soon. My plan was to semi retire after Xmas, my work would allow me to spend 1 month in the UK and 3 in Spain on a rolling rota. Based on this I’ve instructed my Spanish solicitor’s to assist me in getting Residencia. They have told me it will be impossible before Brexit but will put me on the waiting list. I will obviously cease to be an EU citizen post 31st Oct and my worry now is it seems likely we will leave without a deal?
    Will the fact that i am on the waiting list go in my favour in getting Residencia and IS it now impossible to get Residencia before the deadline.
    Thanks in advance
    Mark

    • Nicola Ryan

      Good Morning Mark,

      This is correct, the residencia appointments for Brits are not being released now until after Brexit . There is talk of a grace period for Brits who have been living in Spain prior to Brexit but the Foreign Office, here in Spain, have not commented on this or given any details in regards to this. As soon as we have any information, we will detail this in our newsletter. We hope this helps.

      Kind regards
      Nicola

  • Martin Wilson

    We travel around Spain in our motorhome and also use a ‘Casa’ or mobile home based on a site in Andalusia, usually for up to 180 days in winter. Do we need to obtain an NIE and/or Residencia in future? We are both retired with both state and private pension income.

    • Nicola Ryan

      Good Morning Martin,

      thank you for your enquiry, firstly can we ask where in Spain you stay please.

      You need an NIE for mostly everything in Spain for example, bank account, phone contract, utility bills ect.

      If you intend to spend more than half of the year in Spain, you should apply for your residencia and pay your taxes, here in Spain. We hope this helps.

      Kind regards
      Nicola

  • Michael t

    I have lived in Spain since 2005 and now selling up to go back permently to uk unfortunately I have health issues how do I set about getting back into the health service I am still registered at my local doctors strangely enough

    • Nicola Ryan

      Good Afternoon Michael,

      Thank you for your enquiry.

      To find out if you will be eligble for health cover in the UK, it would be best to contact the NHS or the Overseas Health Team at the HMRC. We can only comment on Spanish processes and procedures, we are sorry.

      We wish you the very best on your move back to the UK.
      Kind regards
      Nicola

  • Colin Withers

    I have a holiday home on the Costa del Sol, but have been thinking about moving here permanently. Would you advise to do it now, or wait and see what Brexit brings (if Brexit happens).

    • Nicola Ryan

      Good Morning Colin,

      We understand your concern.

      We would strongly recommend securing your residencia prior to Brexit as applying for residencia as a non EU citizen is a longer and more complicated process. Should you need any assistance with this, please do not hesitate to contact us. We deal with the residencia process on a daily basis.

      Kind regards
      Nicola

      Should you need any further assistance with this or any other other queries please do not hesitate to contact us.

      Kind regards / Saludos cordiales

  • Rock Vacirca

    I bought a home near Malaga four years ago. At the time my Notar advised me that as I had a main home in the UK, and had private medical, and my sources of income were UK pensions, it would be better for me to not apply for residency in Spain, and to pay my taxes in the UK, and that is what I have done, although I spend 10-11 months a year in Spain. I have now been told that this was wrong, that I should have applied for residencia in Spain and paid tax here. If I inform the Spanish authorities will I be penalised? Will they claim four years of tax? And can I get my four years of tax back from the UK to pay to the Spanish tax authority, or will I end up paying double tax?

    • Nicola Ryan

      Good Morning Rock,

      We understand your frustration.

      Tax can be a complicated matter and involves many factors. We have passed your enquiry to Ana, who deals with tax, Ana will be in contact with you shortly via email to discuss this matter further.

      In the meantime should you have any further queries please do not hesitate to contact us.
      Kind regards
      Nicola

  • Marilyn Pepper

    Hi, I have just come across your site and must say I think your doing a fab job, my question is that my husband and I are looking to move to benidorm in the near future as retirees as soon as we sell our house, but we would be living off the proceeds, my husband also gets a small pension every month, what tax would we have to pay on this, Hope you can help, Regards Marilyn.

    • Nicola Ryan

      Good Afternoon Marilyn,

      You must be very excited, Benidorm is a lovely área, you will enjoy it very much.

      Ana, our tax advisor will be in contact with you shortly, via email, to discuss this matter further as she will need some further information to provide the correct advice.

      Should you need any assistance with your move to Spain or finding your dream property, please do not hesitate to contact us. We work closely with some of Alicantes leading Estate Agents and deal with conveyancing and residencia ect on a daily basis. We would be delighted to help you.

      Kind regards
      Nicola

  • michael davidson

    I own my home here in the uk with no mortgage if i decide to buy a holiday home in spain alicante area as a non resident do i still have to apply for the foreigner identity card as a nonm resident after brexit either deal or no deal brexit keeping my uk residence, hoping for your response Michael

    • Nicola Ryan

      Good Evening Michael,

      Thank you for your enquiry,

      Unfortunately, no one knows what changes Brexit will bring, but at the moment, when you purchase a house, here in Spain and are non resident you only need to pay Non Residents tax, this is a tax you pay when you own a property in Spain and are not resident. The foreign identity card or residencia would only be applicable for foreigners who stay in Spain for more than 6 months of the year, we hope this answers your question.

      Should you need any assistance in finding your dream Spanish property, please do not hesitate to contact us. We work closely with some of Alicantes leading estate agents and we, Spanish Solutions would be delighted to assist you with the legal work.

      Kind regards
      Nicola

  • Graham

    Thank you for your excellent website. Can you please advise me:
    1. Should an EU citizen apply for the green card when they form the intention to stay for 3 months in Spain or only after they have actually stayed in Spain for 3 months?
    2. Is there any presumption that a person who applies for a green card intends to become tax resident?
    3. If one applies for and receives the green card but leaves after 5 months will the validity of the card lapse?

    Kind regards

    Graham

    • Nicola Ryan

      Good Afternoon Graham.

      Thank you for your enquiry.

      You should apply for your residencia if you intend to live in Spain and it is be your fixed abode, this should be done after apply for the 3 months as the Foreign Office will ask for 3 months bank statements to prove you live, here in Spain.

      When you are resident and stay here in Spain 183 days or more, from January to December you are liable to pay tax. The residencia will only be revoked when you sign a document at the town hall to confirm this,

      We hope this helps.
      Kind regards
      Nicola

  • Jan Barrett

    Hello, we have just arrived in Spain and are renting for 4-6 months. I have just visited our local medical centre to see if i need to register. She said that we would not be able to use it but to use medical centre in the next main town, 10km away. Is this correct? (We have our EHIC cards and extended holiday insurance). I understand EHIC covers emergencies but what kind? Is feeling ill/fevers, continuous headaches, coughs and need antibiotics covered?

    • Nicola Ryan

      Good Afternoon Jan,

      We understand your frustration. This may be correct, maybe this medical centre is full or you may not be in their jurisdiction, it would be best to check with them directly.

      In regards to what the EHIC card covers, we are sure this will cover all ailments but would be best to check with the NHS. We hope this helps.

      Kind regards
      Nicola

  • Veronica

    Hi Nicola, just found your site and would like to say it is very interesting and very informative, please can you advise me on my situation my husband and myself own a home in Costa blanca we are in our late fifties/early sixties so not old enough to claim pension but are thinking of selling our UK home and moving to Spain using the proceeds from UK home to buy a place to let out to holiday makers in spain untill we can claim our UK pensions so we will be self-employed landlords and pay Spanish taxes, will this stop us from getting our UK state pension when we are due it, also my husband has just turned 60 so he gets his prescription free and is on an ongoing medication will he still get this if not how much will he have to pay every month for a prescription, and how much Spanish tax will we have to pay if this holiday home we rent out is our only income, we will have no mortgage and will have what’s left from our UK house sale in savings, hope this makes sense and you can understand what I am asking. Please could you answer for now and if anything changes after Brexit happens would you be able to email me once you know any updated information. I look forward to hearing from you.
    Thank you
    Veronica

    • Nicola Ryan

      Good Morning Veronica,

      Thank you for your kind words.

      In regards to your pension, we feel it would be best to contact your pension provider who will be able to confirm if your move to Spain will affect your pension in any way. They will also be able to answer any questions you may have and hopefully put your mind at rest.

      Here in Spain, there are some medications which are free, but not all. It would be best to visit your local chemist the next time you are in Spain, with the list of medication and they will confirm if any are free and if not what you would pay for these.

      In regards to the tax, we feel it would be best for you to have a consultation with a Fiscal Advisor, here in Spain. The Fiscal Advisor will be be able to give you tax advice based on your future situation and answer any questions you may have.

      We hope this helps and we wish you all the best in your move to Spain.
      Kind regards
      Nicola

  • Katherine

    Hi, I previously lived in Spain for about 8 months of the year & had temporary residency. My husband only has an NIE as he still works in the UK & only stayed for 2 weeks or of each 6 week period & paid UK taxes. I didn’t realize I should have cancelled my residency when I left as I always knew I would return, although it has taken longer then I thought. 4 years.
    I am now planning on returning again staying about 8 months or the year.
    I do not have an income,or claim any benefits, an early retiree,
    What will the situation be regarding the residency & will I have to re-apply.
    Am I correct that as we both spend more than 3 months in the UK we don’t need to pay taxes in Spain. Thank you

    • Nicola Ryan

      Good Morning Katherine,

      Congratulations on your move back to Spain.

      To check if your residencia is still valid, it would be best to visit your nearest town hall, in Spain, with your residencia and passport. The town hall will confirm if your residencia is still in forcé.

      In regards to the tax, if you have been in Spain for 183 days or more from January to December you will be liable to pay Spanish tax. It may be best for you to have a consultation with a fiscal advisor the next time you are in Spain. The fiscal advisor will provide tax advice based on your situation. We hope this helps.

      Kind regards Nicola

  • Aric

    Hi there,

    Really appreciate finding your site and reading through all the helpful comments and answers.

    I’m a UK citizen and would like to move to Barcelona permanently starting from the beginning of January 2020. I will be working remotely for a Chinese company teaching English to kids.

    Assuming we leave with Johnsons Brexit deal, I understand there is a transition period where the rules remain as they currently are until 31 December 2020.

    As far as I can figure out, after 3 months I would need to apply for residency and be put on the padrón. Then after 6 months I would need to start paying taxes in Spain and notify HMRC that I was no longer a UK resident. I would have to register as ‘Autonimo’ (freelancer). Then after 5 years I could become a permanent resident.

    Does this all sound correct? Any advice would be hugely appreciated.

    Many thanks, Aric

    • Nicola Ryan

      Good Morning Aric,

      Exciting times ahead, Barcelona is a beautiful part of Spain which you will enjoy very much.

      Yes, you can apply for the residencia after 3 month of living in Spain.

      We would advise you to speak to a fiscal advisor as soon as possible in regards to the tax and also applying for autonomo as you should be paying tax straight away if you are working in Spain. To work in Spain you will need an NIE number and social security number, we would suggest applying for the NIE as soon as you arrive in Barcelona or have an appointment booked prior to your arrival as there can be delays with the appointments. The social security number can be done quickly.

      We wish you all the best on your new adventure.
      Kind regards
      Nicola

  • David

    I work in the Middle East on a rotation where my salary is tax free, I live in Spain during my time off which where I spend 150-160 days of the year.
    Does this make me liable for Spanish income tax

    • Nicola Ryan

      Good Morning David,

      Thank you for your enquiry.

      A lot of factors will determine if you are liable to tax in Spain, for example if your family live in Spain and you are all resident, you would be liable to pay tax. It would be best to have a consultation with a Fiscal Advisor the next time you are in Spain, and they will provide tax advice based on your current situation. We hope this helps.

      Kind regards
      Nicola

  • Stuart Baker

    Hello Nicola. You are very helpful. Could you tell me, I have an appointment for EU residency next week (not spanish residency). I am self employed in the UK and work remotely on the internet. What documents will I need regarding my income?. I dont have wage slips because I am self employed. My UK bank statements show my wages. Are they sufficient?. Should I take a print out of my UK self assessment?. Thank you.

    • Nicola Ryan

      Good Morning Stuart,

      Thank you for your enquiry,

      Applying for residencia can be tricky, especially when it comes to the paperwork. The paperwork has to be correct or the Foreign Office will turn you away.

      If you are working (self employed) and are paying taxes to the UK you can submit 3 months bank statements showing your salary or dividends payments, this can be from a UK bank account. You will also need to obtain your S1 from the Inland Revenue, this will cover you for health care.

      Please see a link below, to our recent blog discussing the paperwork required for residencia.

      https://www.spanishsolutions.net/blog/legal-paperwork-nie-residencia-padron/what-documents-do-i-need-to-apply-for-spanish-residencia/

      Should you need any assistance with te residencia, please do not hesitate to contact us, we deal with residencias on a daily basis and would be happy to help.

      Kind regards / Saludos cordiales
      Nicola Ryan

  • Jonathan Day

    I’m sorry if this question has been asked before. We are retired and have been renting a property in Andalusia for over 12 months. We stay here for approximately 11 weeks and then return to the UK for a couple of weeks before returning. We have a permanent residence in the UK. Do we still need to apply for residence? Thanks!

    • Nicola Ryan

      Good Afternoon Jonathan,

      Thank you for your enquiry.

      If you stay in Spain for more than 6 months of the year from January to December, you should become resident in Spain. As you spend more time here than in the UK, you will also be liable to pay your taxes here. We hope this helps.

      Kind regards
      Nicola

  • Roger Hunton

    I want to come to Spain twice per year. 90 days or less between March and June. Then 90 days between September and December. I don’t want residencia here. Can i do this legally and after Brexit?

    • Nicola Ryan

      Good Morning Roger,

      Thank you for your enquiry.

      At the moment, we do not know what changes Brexit will bring. The Foreign Office, here in Spain, have released no information as yet, as soon as we have any update we will advise all of our clients via a news letter and a blog, sorry we cannot answer your question at this stage.

      Kind regards
      Nicola

  • Basil Spiteri

    Hi Nicola, just come across your website and found it to be very informative.
    Hoping you can offer us some advice. We’ve recently purchased a property in Spain and thinking about retiring early, taking pension drawdown from my private pension until until we get to retirement age and get our state pension. Would we be better to make the move before December 2020 and start the application for residency as, although we’ll have some savings, our only yearly income until retirement age will be £12,500 a year from my pension drawdown as any more than that would mean me paying tax on it.

  • peter bradley

    Hi – I have been reading all the comments here and your replies which are really very useful. Just to check I have got this right… Disregarding BREXIT under the current rules as a resident of the UK I can visit Spain for a continuous period of no more than 90 days? and I cannot spend more than 182 days (half a year) total in any calendar year in Spain?… Have I got that correct? Just that I am doing something like this in Chile at the moment with no problem remaining on tourist visa but I need to move nearer to family so I instead I now wish to spend half the year in Spain and half in the UK, for example stay one month in Spain then one month in the UK and repeating like this so that no more than 90 days in one go and no more than 182 days total in one year… I hope that’s feasible because for tax reasons I wish to maintain UK residence. – I am retired by the way… If I really get to like Spain I would consider moving permanently but I think I will wait until Brexit is done before making a serious decision like that. Gracias por su consejo…. Peter

    • Ian C.

      Hola Peter,
      I asked our accountant Mari Carmen (Mc Consulting, Torrevieja) the situation and she advised that if you live here you live here. If you live in the UK you live in the UK. It sounds like a simple answer but as a retiree, investments, pensions in the UK, family in the UK, permanent address in the UK, you are clearly living there and therefore you don’t need to apply for residency in Spain.
      We can arrange a sit down with Mari Carmen to explain all as your situation is slightly different from most.
      On buying a home in Spain / Brexit I think you should do it now. I have no vested interest as such (We are not estate agents) but the prices are good now and as a British citizen you have full rights of any European up to December 31st 2020 at least.
      We can help with the paperwork (do this first) and give you basic area advice etc.

      Let us know how we can help,

      Ian

  • Emma

    Hi Nicola,
    I am applying for a job in Spain which starts in Feb 2020 and lasts around 9 months but I will be visiting UK every 3 months and I will be returning to the UK when it is finished. I will also still be renting and paying council tax on my home in the UK.
    Do you know if I will need to apply for Spanish residency?
    Also, I’m on a permenant medication, and wondered if you know whether I would still be under care of NHS in UK in this time, or would need to register with Spanish healthcare?
    Thank you :)
    Em

    • Nicola Ryan

      Good Afternoon Emma,

      Thank you for your enquiry,

      If you are coming to work in Spain for 9 months, you should become Spanish resident for this time and then revoke the residencia when you return to the UK.

      When you are working in Spain and are paying your social security contributions, you will be eligible for free Spanish health cover. In regard to health coverage in the UK, it would be best to contact the NHS to discuss this. The doctor in the UK can give you up to 3 months medication when moving to another country, we hope this helps.

      Kind regards
      Nicola

  • Adrian Williams

    Hi Nicola, my wife and I bought our Spanish ‘retirement’ home in February 2013, this was before we’d even heard of Brexit. My retirement date isn’t until March 2023, and obviously by then Brexit will happened. I’m not in a position to retire this year and was wondering whether there is anything we can do to secure our current rights and be able to live in Spain permanently from March 2023?

    • Nicola Ryan

      Good Afternoon Adrian.

      We understand your frustration.

      At moment the foreign office, in Spain, have not given any details of what changes will be put in place for Brits obtaining residencia after brexit. The Foreign Office ave confirmed there will be changes as if the 31st Januray. As soon as we have details of these changes, we will notify clients via a newsletter and blog on our website.

      At the moment, we would suggest registering on the padron, if your local town hall will allow it. Some town halls will only allow you to register on the padron if you are resident. Apart from that there is very little you can do to secure living in Spain in 2023, we are sorry.

      Kind regards
      Nicola

  • Julie

    Hi. Please could you advise. I am 60 and will be renting an apartment in Marbella for 11 months starting 1 April 2020. I will be living and paying rent from savings. Could you tell me if I would need to apply for residency and if I need medical insurance?

    • Ian C.

      Hello Julie,

      Are you literally coming for 11 months and then going back to the UK?
      I think we’ll know more by the time you come here, but probably the transition period for British people living in Spain will be extended until the end of 2021.

      Can you please stay in touch with us and check back here on our blog from time to time for Brexit updates?
      Are you happy enough with the rental contract you have signed for the apartment?
      If it’s ok, I´m adding you to our Newsletter list in case we forgot to email you the latest news on Brexit. (if you don’t want to get the monthly Spanish solutions newsletter, just let me know)
      We are getting close to the Jan 31st Brexit deadline!!

      Enjoy your stay in Spain,

      Ian

  • Steven

    I am slightly confused with some of the comments regarding tax treatment in the first year of arrival in Spain.

    If my family and I move to Spain in September 2020, I assume that I will automatically become tax resident with effect from September 2020 (because Spain will be the centre of my personal life).
    Would I then be liable for Spanish tax on the whole of my income for 2020 (including income earned before arriving in Spain, on which I will have already paid tax in the UK)?
    Or, would my first Spanish tax return only capture income earned from September 2020 onwards?
    Many thanks in advance for clarification.

    • Ian C.

      Hello Steven,
      Congratulations on the move to Spain.
      It sounds like a sales pitch, but the first thing you must get right is your legal and taxation representation in Spain. this is more important that finding the right estate agent or even the right house. (a Good law office will help you with all of that of course).
      So, regarding Brexit and moving to Spain, our advice is get here ASAP and apply for residency immediately. Do you already have a home here or are you buying/renting in the future?
      An important piece of legislation (Royal Decree on Brexit) means that the Spanish government promises and commits to continue the rights for those British people currently legally resident in Spain. This is valid once Britain installs reciprocal measures for Spaniards resident in Great Britain.
      So, Brexit would mean no change if the negotiations continue to go well.
      What we can say with certainty that the Brexit should happen in a matter of weeks and after that date, the transition period, allows all British people to apply for and attain full residency in Spain runs until December 31 2020. This transition period was supposed to be 2 years according to Theresa May´s plan and we think it will be extended even more, but that we cannot promise.
      Hope it helps.
      Let us know where you are on the property hunting journey- no time to waste, prices are good not too due to the nervousness and the lack of knowledge out there.

      Nicola
      enquiries@spanishsolutions.net

  • Chris

    Hi, me and my partner (Not married) are looking to move to Spain permantly and buy a property, she is currently on maternity through her work in the uk and I am looking for self employed work in spain. We would be living at my parents house which they own how would we go about applying for residency or would I need a job prior to applying? If so do I have to be working for a period of time before applying?

    • Nicola Ryan

      Good Afternoon Chris,

      Exciting times ahead for you and your family, which part of Spain are you thinking of settling in.

      To become self employed in Spain, you will need a Fiscal Advisor to set up a company for you, they will also help you obtain a social security number ect. Your company has to be paying its social security contributions for a minimum of 3 months before you can apply for your residencia as working in Spain.

      There are 3 categories in which you can apply for residencia. Working in Spain, retired or unemployed, please see a link below discussing the documents required for each categories…

      https://www.spanishsolutions.net/blog/legal-paperwork/spanish-residency/how-to-get-a-spanish-residency-card/

      Please note you also have to be living in Spain for a minimum of 3 months prior to applying for residencia, we would advise you open and operate a Spanish bank account as soon as you settle in Spain, as the Foreign Office will ask for bank statements to prove this.

      Should you need any assistance with your residencia, finding your perfect Spanish home or the conveyancing once you have found it, please do not hesitate to contact us. We would be delighted to help.
      Kind regards
      Nicola

  • Julie Robinson

    I have only just come across your blog and find it very informative. My situation is my husband and I own a property in Spain, and rent it out when we’re not here. We have been staying in our property for approximately 80 days a year so far, but this is increasing this year to 120 days, and more next year. Today we have been successful in being granted Spanish Residency, however, it has been suggested that if we leave Spain for more than 90 days we will lose this status. Is this correct? We intend Closing our rentals down next year and becoming residents for tax purposes from 2022, as we hope to spend more than 6 months a year in Spain. We have also applied to change our Uk driving licences for Spanish ones. It has cost us a fair amount of money to do this so far, including purchasing healthcare (we are early retired and not yet state retirement age).
    Can you offer any reassurance to us that we have done the right thing.

    • Nicola Ryan

      Good Morning Julie,

      Thank you for your enquiry.

      if you leave Spain for 90 days or more, you will not lose your residencia status. If you became residents this year and have been in the country more than 183 days, you will be liable to submit your yearly tax return (renta) next year. Please note if you claim you have not been in the country for more than 183 days, the tax office can ask for evidence of this.

      If you are intending to settle in Spain full time, yes you have done the correct thing, in our opinion.

      We hope this helps
      Kind regards
      Nicola

  • Rob

    Hi great website .
    We have a full yearly contract on a holiday rental apartment in Spain we go back and forwards staying in Spain for 4-5 week periods and 4-5 weeks back in UK .Our household bills are in our landlords name in Spain, but the direct debits come from my bank account my home residence is UK do we need to apply for any kind of residency in Spain or a visa come Brexit 31 January 2020 as this is purely a holiday let.
    Thanks in advance.
    Rob

    • Nicola Ryan

      Good Evening Rob,

      If you do not intend to reside in Spain for more than 6 months of the year, you do not have to apply for residencia When 31st January passes you may be required to obtain a visa. We hope this helps.

      Kind regards
      Nicola

  • Chris Malcolm

    My daughter is a British Citizen who is in Spain (Bilbao) with her Spanish boyfriend. She would like to work while she is there until she moves to London in May/June. Is she able to get a job as a British Citizen, or does she need Spanish documents. The kicker is she has not yet lived in the UK, she is a citizen as I was born in England and is moving there for the first time.

    • Nicola Ryan

      Good Evening Chris,

      Thank you for your enquiry.

      At this stage, yes your daughter can work in Spain. To work in she will need an NIE and also a Social Security number.

      We would have been delighted to help your daughter with this but as we are over 8 hours drive from Bilbao, it would be best to contact a Solicitor or Gestoria in this area. We hope this helps.

      Kind regards
      Nicola

  • David Johnson

    Hi – Im thinking of relocating my family to Majorca as I have a property already there. I have a business in the UK which I would keep and still be involved with also that would be my only income. Would I have to pay tax in the UK and in Majorca for the same earnings? Doesn’t seem right? Would the solution be to just move my business to Majorca and carry out the work in the UK still? Many Thanks, David.

    • Nicola Ryan

      Good Afternoon David,

      Thank you for your enquiry.

      If you are Spanish resident, you would be liable to pay your taxes here on all worldwide income. We feel it would be best for you to have a consultation with a Fiscal Advisor (accountant) the next time you are in Spain. A Fiscal Advisor will give you tax advice based on your personal situation.

      We wish you all the best in your relocation to Spain.
      Kind regards
      Nicola

  • Lindsay

    If I obtain a Spanish Residency card, will this have any implication on my status in the UK where I reside most of the time? Such as pension, tax and access to healthcare?

    I don’t plan to reside in Spain for a few years but am concerned that if I don’t act now the rules may change following Brexit so am hoping residency status will give me some protection. I regularly visit Spain as my boyfriend has a house there.

    • Nicola Ryan

      Good Morning Lindsay,

      Thank you for your enquiry.

      When you become Spanish resident, you will be liable to submit your yearly tax return here, if you are in the country more than 183 days of the year, if you are not the tax authorities can ask for evidence to support this. You will also need to transfer your licence to a Spanish Licence.

      Please note, to become resident in Spain, you have to be living for 3 months prior to the residencia application and evidence will be requested to support this, we hope this helps.

      Kind regards
      Nicola.

  • Mike

    Hi I’ve just come across your website and I have found it to be very informative. My wife and I own an apartment in Tenerife for 4 years, visiting once a month for a few days while still working full time in UK. Not ready to retire just yet but I intend to do so some time later this year. Not state pensionable age for another 6 years though . My wife is in a position where she can work from Tenerife for her UK job and return to UK at least once every 6 weeks to visit family. Could or should we both or one of us apply for resident status in Tenerife? If one of us had residency would that make it easier for the other to obtain it in the future?
    Thank you.

    • Nicola Ryan

      Good Morning Mike,

      Thank you for your enquiry.

      You should only apply for residencia if you reside in Spain for more than 6 months of the year and it is your fixed abode.

      To become a Spanish resident, (pre brexit) you have to be living in Spain for a minimum of 3 months before applying as the Foreign Office will ask for bank statements as evidence.

      When you are a Spanish resident, you are liable to pay your taxes here and change your driving licence to a Spanish one.

      We hope this helps.
      Kind regards
      Nicola

  • J Hunt

    Hello, we are planning to buy an apartment in Mallorca this year. It will not be our permanent residence, we will only be there January to April. How will this affect us after January?

    • Nicola Ryan

      Good Afternoon J,

      Thank you for your enquiry.

      At the moment it is hard to give concrete advice as the foreign office have released no information on the processes or changes due to brexit, as soon as we have any updates we will advise you via a newsletter and blog on our website. We hope this helps.

      Kind regards
      Nicola

  • James

    Thank you very much for this informative site. I am a UK subject and have a Spanish NIE. I should like to get residencia in Spain, to live just outside Vélez-Málaga. I have a small UK income and a good amount of savings (>€100.000). Once I have completed learning Spanish to a reasonable level, I might seek to work as an English teacher.
    Have I left it too late to get residencia?

    • Nicola Ryan

      Good Afternoon James,

      If you intend to settle in Spain and obtain residencia, we would recommend doing this as soon as possible and before December 2020. Please note you have to be living in Spain for 3 months prior to applying for residencia, the Foreign Office will request bank statements from your Spanish bank to prove this. We hope this helps.

      Kind regards
      Nicola

  • Paul

    Hi, we’ve owned a holiday home in Murcia for approximately 17 years, using it about twice a year. We do around six/eight weeks over the summer then maybe an odd week or two thereafter. What are the rules regarding the amount of time/days we can spend there now we have “left” the E.U. We are hearing all sorts of rumours…. Many thanks.

    • Nicola Ryan

      Good Afternoon Paul,

      There have been no details released, of how long Brits can stay in Spain for post Brexit or if visas will be required, we are sorry. As soon as we have any information we will notify you via a newsletter and a blog on our website, we hope this helps.

      Kind regards
      Nicola

  • JSW

    Hi there, once the transitional period is over for Brexit UK citizens will become 3rd nationals. As 3rd nationals, If we were to stay in Spain for the permitted 90 days under Schengen rules, then stay in Gibraltar, does Gibraltar still count as days in the Schengen area? Thank you for your help.

    • Nicola Ryan

      Good Morning JSW,

      At this stage , it is unclear what will happen with Gibraltar when Brexit is finalised, we are sorry.

      Kind regards
      Nicola

  • Dog Grooming Manhattan

    Hello, I want to subscribe for this weblog to take most up-to-date updates, therefore where can i
    do it please help out.

    • Nicola Ryan

      Good Morning Brittney,

      We have added you to our newsletter, where you will get any updates, thank you.

      Kind regards
      Nicola

  • Becca

    Hi there, we have been living and working in Spain for the past 5 years. We have our residency, however due to a change in work and ill health of a family member we are having to move back to the UK this summer – but hope to move back in 2/3 years. What is the official process when you leave Spain, I really don’t want to hand in my NIE number as we intend to move back.
    Thank you for your help!

    • Nicola Ryan

      Good Afternoon Becca,

      Thank you for your enquiry.

      The only advice we can give you at this stage is to check your residencia at the town hall upon your return to Spain. It seems the Spanish Authorities are doing checks on residents who have not lived in Spain for more than 5 years. Please see a link to the Spanish Citizens Advice page below:

      https://www.citizensadvice.org.es/faq/can-i-lose-my-right-to-residency-in-spain-eu-and-noneu/

      We hope this helps.
      Kind regards
      Nicola

  • Rich smith

    Hi
    I have Spanish residency and own a house in Spain but have been working in uk for 6 months and haven’t been to Spain since August , could I loose my residency thanks

    • Nicola Ryan

      Good Evening Rich,

      Thank you for your enquiry.

      No, you will be fine. If you have permanent residence, it will only be lost through absence from Spain for a period exceeding 5 consecutive years. If you are concerned it would be best to check your residencia at your local Foreign Office, we hope this helps.

      Kind regards
      Nicola

  • Maria Searle

    Great site, can you add me for updates please?

    • Nicola Ryan

      Thank you for your kind words Maria,

      Yes of course we will add you to our mailing list.

      Kind regards
      Nicola

  • Tony Hinks

    Hi, I see from gov.uk site anyone living in Spain has to apply for residencia before end of the year now. I own a house in Spain and have lived here 5 years and own a house in UK where I earn my only income from the rent. I am doing the right thing by paying tax in UK on that but also paying Spanish tax as live here over 183 days a year as even without residencia, I am still classified as Spanish tax resident ( UK tax is offset ). My question is I have an EHIC card still valid , is this enough to satisfy application, or do I need private, if so how expensive do I have to go.Other question is will online statements from my property management company into my UK bank be acceptable. I have a Spanish bank where I transfer €1000 a month but usually spend most so wont show me having much in there.

    • Nicola Ryan

      Good Afternoon Tony,

      Thank you for your enquiry.

      If you have been living in Spain for more than 5 years and will continue to do so, we would recommend applying for your residencia as soon as possible. Please see a link below detailing the documentation required for the residencia application:

      https://www.spanishsolutions.net/blog/legal-paperwork/spanish-residency/how-to-get-a-spanish-residency-card/

      Your EHIC card would not cover you for the residencia application, if you are classed as unemployed,you will need a full health insurance policy which needs to be paid a year in advance, with no exclusions. The bank statements have to show the banks details and yours, online statements should be accepted.

      We hope this helps.
      Kind regards
      Nicola

  • Rich smith

    Hi Nicola
    Thanks for your help much appreciated, there are alot of “Facebook “ experts out there giving incorrect advice! so great to find someone who actually knows what they’re talking about !

  • T

    If have a Irish passport, How long can you travel in Spain without working or having to apply NIE residency etc?

    • Nicola Ryan

      Good Afternoon

      At the moment, there are no time restrictions on how long you can travel in Spain. We hope this helps.

      Kind regards
      Nicola

  • Andrew

    Due to family reasons, my wife and children are going to be moving to Spain while I plan to stay working in the UK with frequent visits to them. I will visit Spain for less than 183 days per year. However, I understand that the Spanish authorities will nevertheless consider that my “centre of vital interests” will be in Spain and expect me to declare myself as a fiscally resident there. Is this correct? A friend told me he heard HMRC has a form you can use to avoid this situation, but I cannot find any info online. Again I would like to know if this is correct. Thanks in advance!

    • Nicola Ryan

      Good Afternoon Andrew,

      Yes , this is correct. If your family are residents of Spain you will be liable for your taxes in Spain. We are unaware of the form from the HMRC , we are sorry.

      Kind regards
      Nicola

  • John Wood

    Hi my partner and I are both UK nationals and residents but are looking to move to Spain in approx 5 years (currently saving and in the process of selling property etc)

    My question is – is it of any benefit to spend 3 months in Spain now (pre end of transition date 31.12.2020) to secure any sort of residency in Spain for the future?

    • Nicola Ryan

      Good Afternoon John,

      Thank you for your enquiry.

      If your plan is to move to Spain in 5 years, we would recommend waiting until then as a lot can happen in 5 years. We hope this helps.

      Kind regards
      Nicola

  • Janet

    Hi
    We are thinking of moving out to lanzarote soon. We have purchased a villa 15 months again. Can you please tell me how much tax we would have to pay to the Spanish yearly or does it g9 on our earnings if we were to work there. .?

    • Nicola Ryan

      Good Afternoon Janet,

      Thank you for your enquiry.

      It would depend on your income and assets, we would recommend you have a consultation with a Fiscal Advisor (accountant) the next time you are in Lanzarote. They will be able to give you tax advice based in your current situation, we hope this helps.

      Kind regards
      Nicola

  • Tammy jarman

    Hi . My husband and I left the UK in dec 2018 , we rented a villa in Spain, we came back to the UK in Feb 2019 due to my husband having investigated health problems that started before we left the UK, we stayed in the UK for approx 4 months and left Spain in dec 2019, my husband passed away in Jan 2020.we had residentia. We sold a property in Feb 2018 . Will I have to pay taxes in Spain for this

    • Nicola Ryan

      Good Afternoon Tammy,

      We are sorry to hear of your loss.

      We would need to know the exact dates you left and arrived in Spain but yes, it looks like you would be liable for tax as you were in Spain for more than 183 days from January to December. Should you need any help with this, please do not hesitate to contact us.

      Kind regards
      Nicola

  • Van

    Excellent website and advice! But I’m still in doubt about a few things.
    I have been in Andalusia since the end of Sept 2019 with my baby daughter and will be staying here until the end of this month – March 2020 – continuously. We are renting a holiday property and do not intend to live here permanently therefore I understood we did not have to apply for residency. I understood the 183 days rule applied per calendar year therefore I did not need to do anything as 3 months were spent in Spain last year and a further 3 this year. Was this correct? My husband has been back and forth to our UK home during this period and he is the main earner of the family.
    We are now considering a couple of extension options:
    1. another 3 months to take us up to 183 days in 2020. Would I need to return to the UK at the end of March for a short period before making use of the other 3 months given that I have been in Spain for 6 months already despite half of those having been in 2019? If so, what’s the soonest I can return to Spain?
    2. Up to 12 months – in which case we would need to change our British car registration and become tax residents. When can we apply for residency/ tax residency in this case? Is it 3 months after opening a Spanish bank account? We don’t have one at the moment and don’t have any bills in our name as we paid cash upfront to the landlord as we were told this is common practice in Spain. We’ll continue earning in the UK throughout this period.
    I look forward to your input.

    • Nicola Ryan

      Good Afternoon Van,

      Thank you for your kind words.

      As you have been spending the majority of your time in Spain, we would recommend you all apply for your residencia as soon as possible and before the cut off of December 2020. Please see a link below which discusses the requirements for residencia:

      https://www.spanishsolutions.net/blog/legal-paperwork/spanish-residency/how-to-get-a-spanish-residency-card/

      The Foreign Office will ask for 3 months Spanish bank statements to confirm you “live” in Spain, they will look for general use, shopping, petrol ect. If you pay for your utilities via cash this should be ok but to be on the safe side it may be best to pay these via a bank transfer to show the payment of rent and also the bills. If you are concerned about the tax side of things, we would recommend you have a consultation with a Fiscal Advisor (accountant) who will give you tax advice based on your situation. We hope this helps.

      Kind regards
      Nicola

  • Aric Arthur

    Hi there, I’m a UK citizen and moved to Barcelona Dec 31st. I have my Non-resident NIE number and am in the process of setting up as self-employed.

    I have read that: “You must still register with the Central Register of Foreign Nationals (Registro Central de Extranjeros), no later than 3 months after arriving in Spain.”

    For me, my 3 months will be up at the end of the month and I don’t think I will have registered in time. Will this be an issue? What happens if I register after the 3 month period. Will I still be accepted?

    Thanks!

    • Nicola Ryan

      Good Afternoon Aric,

      No need to panic, you will be able to apply no problem.

      Kind regards
      Nicola

  • Olivie

    Hi – I moved to Spain from the UK in 2000 when I was 8 years old with an English passport. My mother is Spanish and father English. Eventually I got a Spanish ID and passport, however I kept my UK passport. After finishing school I returned back to the UK in 2010 and have been living in UK since then. I only spend a 4 weeks a year in Spain when visiting my parents, but my understanding is that legally I can’t have a Spanish passport and UK one? Also, regarding tax declarations, my job is in the UK and I have no income in Spain – do I need to declare any tax to the Spanish authorities? Thanks!!

    • Nicola Ryan

      Good Afternoon Olivie,

      Thank you for your enquiry.

      It is our understanding that as your Mother is Spanish you can hold a Spanish and UK passport, we would recommend speaking with the Spanish Embassy nearest to you.

      If you are not a Spanish resident you do not have to pay your taxes in Spain, we hope this helps.

      Kind regards
      Nicola

  • Gloria Amadi

    My sister is British but has lived in Ibiza for 10 years. She has an NIE and is self employed but due the coronor virus has not been able to work for 3 weeks and is unlikely to meet her rent if the situation does not improve. Is she entitled to any benefits or help in anyway?

    • Nicola Ryan

      Good Morning Gloria,

      We understand your concern and worry. It would be best for your sister to contact her Accountant and the Social Security Office, who will be able to advise her correctly. Please also see a link below to the unemployment office, please not the offices are not open to the public but they can be contacted online. We hope this helps.

      https://sede.sepe.gob.es/portalSede/flows/inicio

      Kind regards
      Nicola

  • Tony Corballis

    Thanks for a fantastic online resource! Can you clarify the exact difference between non-fiscal residency from 90+ days and fiscal residence from 183+ days, eg. can you have the former and also remain resident and tax resident in the UK? Also could you add me to your newsletter please? Thanks

    • Ian C.

      Good afternoon Mr. Corballis,
      I will send you an email with the difference.
      Have a nice day.
      Spanish solutions

  • Susan Osborne

    I want to work in U.K. and live in Spain as my main residence- my question is I will be working for a month on in U.K. and reside at my main residence in Spain for the next month I would do this consecutively- I ask, could I still apply for residency after brexit if I still work in the U.K.

    • Ian C.

      Hello susan,

      I spoke to the accountant about this exact same case recently. She told me that if you are living here in Spain, you’re living here. There will be an agreement with Spain and the UK after Dec 31st (well, with the Covid-19 situation that may now be delayed a further year) and this will resolve outstanding issues. Mari Carmen is certain that you can indeed live in Spain, pay your taxes here and commute to the UK.
      With the current chaos, there is not much we can do on it just now.
      Can you please stay in touch with Spanish solutions and as soon as we can sort you out, we’ll be thrilled to do so.
      Very exciting times for you- a new chapter in your life- Good luck!
      Ian

  • Aric

    Hi there, I am a UK citizen and have been living in Barcelona since January 1st. I am teaching English online with a Chinese company and I was just in the process of setting up as Autonimo when the lockdown came into effect. Due to the virus, last week my company cut my pay by almost a third which means I am really struggling now financially.

    Now I need to figure out my best course of action. I have my Non-residents NIE number but am now thinking I might be better off just waiting to register as Autonimo and continue living here without paying my taxes. Do you think I will be okay doing this and only register in 2-3 months? April will be my third month here and I would aim to register as Autonimo before the 6 month deadline. Once I have registered as Autonimo I will be looking to get my residency application sorted so I can stay long term.

    Thanks!

    • Ian C.

      Hello Aric,

      As a law office in Spain, we absolutely cannot advise you to not pay tax! Are you not paying tax at source from your company in China?
      there is very little happening now regarding people setting up as autonomo in spain, you are one of the very few who is going in that direction. My guess (only a guess) is that once the crisis ends, it will be very easy and cheap to become self employed in spain. the whole system is cumbersome and one of the promises of the current government is to simplify the system- they cannot get a better excuse than a global pandemic!
      Why not set up an English classes business aiming at Spanish people?
      Parents and in some cases teachers will be happy for their children to do English at home- you could be onto a winner there, especially considering the experience you are gaining already.
      any help you need to set up your own Spanish company, we’re here to help!
      Stay in touch.

  • JANET BROWN

    Hi we’re hopefully moving to Fuerteventura in September 2020, what documentation do we need to take with us. Also my partner qualifies for his pension in September 2020, me in February 2022, was wondering about health care. Thank you in advance

    • Ian C.

      Hello Janet,
      Congratulations on the move to Fuerteventura. It’s beautiful there although we live in the Alicante region. Have you ever visited here?
      My feeling, without knowing specifically what paperwork you mean is: Bring all of it!
      Are you relocating here forever?
      Do you already own a hose here? Do you need help locating one?
      Are you applying for a mortgage? You’ll need proof of your financial situation- thats why im saying bring all the paperwork, depending on your plans.
      We can help with wills, taxes, property issues etc. Whatever you need, please don’t hesitate to contact us and either directly from our office on the Costa Blanca or through one of our collaborators down south, we’ll assist you and your husband.
      Good luck with the move,
      Ian

  • Brian Waites

    With regards the 183 day rule. I understand that this applies to 183 days in a calendar year.

    If you arrived in Spain on say July 1st could you immediately start another 183 days in January without any break therefore giving you 12 months before needing to take tax residency?

    • Ian C.

      Hello Brian,
      there is certainly confusion regarding this but why would you not want to apply for residency immediately??
      If you let me know, I’ll ask Mari Carmen, our accountant, to help find the best solution for you.

      Kind wishes,

      ian

  • Imad

    Hello there, we are a British family of three , two adults and one child, and want to move to Malaga in September this year. After registration in Spain can we keep travelling back and forth between Spain and the UK?

    • Ian C.

      Hello Imad,
      Congratulations on the move to spain.
      What age is your little one? It is such a great country to raise kids.
      So as things look now, it may take a further period before the Brexit rules are all agreed between Britain and Europe. For sure, Britain will not impose any travel restrictions on British people coming back into the country. They want and need you to spend some money there! Travelling to the UK after Brexit from Spain will not be a problem- the only issue maybe will be delays in the airports!
      Have you organised your residency in Spain yet?
      Of course we can help, so please let us know where you are in the process.

      Kind regards,

      ian

  • Lisa

    Hi, My husband and I are both residence of Spain. We were autonomo for 18months but cancelled it in December 2019 as we couldn’t afford it. We had a holiday rental business to start this year. We obviously, had to cancel due to the virus. We have no income. What are our options, if any? Would would happen to our residency? Regards Lisa

    • Amanda Thomas

      Dear Lisa, I am sorry , we have only just seen this. If you have no income I believe you will need to do a nil return but please contact office@spanisholutions.net to check if you are in our area. Your residency will be unaffected. Kind regards

  • Sara Smith

    Hi – we are planning on renting in Spain for up to a year before we buy a property to live in. We will be applying for residency as soon as we start renting. Do we need to show proof of a minimum number of months on a rental contract to apply for residency?

    • Ian C.

      Hello Sara,
      Thanks for getting in touch with Spanish solutions.
      As you probably know we are on partial lockdown in Spain so we have limited access to courts, town halls, local government etc.
      That said, we are here to help and we will try to do so as best we can.
      Have you arranged your rental agreement already? It is very important that you have a rental contract, regardless of residency. Do you have this?
      We can check any paperwork you have to ensure you are protected,
      Kind wishes,
      Ian

    • Ian C.

      Dear Sarah,

      thank you very much for contacing us. If you are planning to rent for a year that would be enough for your residency application. Also bare in mind that you will need to provide bank statements (Spanish bank account) of the last 3 months. Where are you planning to rent? We would be pleased to help you with your rent contrat if you need and even the search of your property if you wish, we are placed in a lovely sunny area and we can provide you with many different options, you only need to tell us your budget. You can email us at fiscal@spanishsolutions.net with your requirements and we ll help you with anything you may need. Thank you and All the best!

  • Emily Kerrison

    Hi, we are looking to move from the UK to Valencia permanently, we had been hoping to do this before the end of the transition (we have 2 properties to sell, one of which we are still doing up) but realistically it’s not going to happen now before December ☹️ My questions revolve around income. My husband is officially retired but I am not We have a healthy income from his service retired pay, ISA,’s and share dividends. I work part time in a professional scientific capacity but don’t plan to do that after moving to Spain. I do however have a (very small) sewing/craft business that I would like to keep going after we move to Spain (I sell at craft/farmers markets. If/when UK citizens become 3rd country citizens what would I need to do to make sure I could still run my business? Would it matter if a married couple had different visa types (he’s retired and I’m not). Our move would be permanent although I’m not sure what happens with our ISA’s, any advice you could give would be very welcome. Stay safe

    • Amanda Thomas

      Dear Emily, I am very sorry for the delay in responding due to sheer volume of enquiries. Everything is very much in a state of flux with regard to Residencias for British and requirements depend on area. You need to contact someone in Valencia who deals with Residencias for requirements there (butthe Residencias will not be different types). I believe , but you need to check with a UK accountant, that you can no longer keep the ISAs in that vehicle. Sta safe too.

  • Andrew Lowe

    Hi! I am British and I live in beautiful Asturias :) I am divorced and I have 2 children 12 and 14 (who are also british) and live most of the time with their mother (also in Asturias). I live part of the time here so that I can see them :) I have a UK company and I spend time in the UK – at my parents house. I rent property in Asturias. I am not resident in Spain and I have read a lot about the requirements. I am considering to become resident but honestly, I am conernced how much income tax I would need to pay (compared to how much I currently pay in the UK). I would keep my company in the UK so I would pay corporation tax there. I am also concerned about Accountancy fees in Spain to submit my income tax. I would like to book a session (probably best over the phone given the current circumstances) to discuss my situation with you. Could also please let me know your fees? Many thanks and I look forward to hearing from you. Kind regards Andrew Lowe

    • Amanda Thomas

      Dear Andrew, I am so sorry for the delay. As this is for accountancy for a resident you need a firm local to where you live really, we do not deal with resident taxes out of our area. With kind regards (and the Asturias is very beautiful!)

  • Jack Smythe

    Hello, I am looking to live in Spain PRIOR to December 31st, 2020. I am a UK Citizen. My fiancee is from Indonesia. The plan is for her to join me (after we are married) as we both would like to settle down in SPAIN. I am a freelancer and work remote (over 5 years) 2018/9 £20,000 turnover. She is a teacher (but we are not sure if she will be able to find a teaching role outside of Indonesia ). I do understand that I can sponsor her (as here to be husband after we are married) for Spanish residency but we do also want to be able to pop back to the UK (and Indonesia) to see family a few times a year. Right now however she will have to apply for UK Tourist Visa EACH time… and we know THAT can be a lottery for many… We are planning on getting married in Indonesia. Given this is what we want to do and that that the UK is outside the Schengen Area… How / what is our best plan to be able to get her residency in Spain while finding the smoothest way for her to travel a few times a year to the UK?

    What’s the ‘simplest’ way to get married and allow us the to BOTH to live and (at least me) to be able to work in SPAIN while allowing us BOTH to get to and from the UK ( easy for me to get to Indonesia btw). Best to get married in the UK? Best to get married in Spain?

    • Amanda Thomas

      Dear Jack, I am sorry for the delay in responding due to the volume of enquiries but part of the answer is to do with Visas and non EU Residency and we do not do that work, nor deal with marriages. May I suggest you contact http://www.cabspain.com. With kind regards

  • Ifan

    Hi there,
    If I moved to Spain in November 2020 from the UK, could I apply for a residency certificate straight away?
    If so, how long would this be valid for?
    If I left at any point to come back to the UK to earn some money (I can earn more in the UK and my savings have been devastated by Coronavirus or I’d have come earlier this year) would this invalidate the residency certificate?
    Would having a residency certificate mean I can work there next year if the opportunity arises? (I’m a freelance english/acting teacher)
    Thanks so much for any help you can give. I have been googling since yesterday trying to find a clear answer with no joy.

    • Amanda Thomas

      Dear Ifan, Most regions want you to have shown proof of living in Spain for 3-6 months (bank account statements), but different regions vary with their requirements and it is fluid. At the moment all the offices are closed, please contact us towards the end of June if you are in our area and we will try and help with this. (enquiries@spanishsolutions.net)- I don’t think anyone can give a clear answer at the moment. Kind regards

  • Richard Harrison

    My wife and I have now been residents in Spain since mid November last year and we both have our state pensions paid in the UK I also have a private pension again paid in the UK. Do we have to have these paid directly to Spain now we are Residents.

    • Amanda Thomas

      Dear Richard Sorry for the delay in responding. No you don`t,but you do need to check with an accountant whether you need to be declaring the income in Spain (depending on your particular circumstances). With kind regards

  • donna

    Hi- My sister has owned a house in Fuerteventura with her (now ex) partner for 16 years and has recently agreed to take full ownership in settlement. I understand that she has an NIE?, but due to full time caring for our elderly parents for many years she has not actually spent much time there. Due to Covid-19 she is now unable to travel to the island to sign the necessary paperwork, so in the meantime on advice she has arranged a Power of Attorney to be signed in the UK imminently. However, the main concern is the possibility of being unable to travel to Fuereventra to finalise property ownership before 31st Dec (Brexit) and what impact this may have for her future plans of spending more time in Fuerteventura and/or obtaining Residencia. Thank you in advance..

    • Amanda Thomas

      Dear Donna, I will email you regarding this dissolution of joint ownership as we can help with this, With kind regards.

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