Spanish Residency (TIE)

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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 (TIE). 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 (TIE) 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 (TIE) 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 (now with a TIE), 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, now a TIE (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.

APPLY FOR SPANISH RESIDENCY

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

Spanish Residency (TIE) 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 may have to. This applies even if your business is in the UK (with some exceptions). You will need an accountant’s advice.

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 usually deemed a tax resident and have to pay taxes to that country, just the same as in other countries. But not in all cases.

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).

TALK WITH A TAX EXPERT

Is paying tax in Spain a choice?

The main facts you should remember are:

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

CONTACT US

536 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.

  • Mrs Carol Scheffler

    Hello my name is Carol and I have found this site very interesting and the questions and answers helping as well, I hope you can help me and my husband Grahame,
    We are wanting to rent a home in Alicante for 6months of the year starting next year October due to consideration of moving perminatley to Spain in the future it is just myself and husband at the moment we both work full time in UK I’m in health sector and my husband as well, we have a small dog that will be coming as well can you please help us in knowing what we have to do for the transition of move to spain with our pet for the 6month period and for the future, and would we be able to work in the 6months we are there but we do understand that we may not but that is OK as well, we have UK bank account. Could we open a Spanish Bank Account when we come for 6months so we can transfer funds from UK to spain for the future or do we have to wait till we move perminante residency would this help us in future.
    Would we need to apply for NIE number and a residency card even though we would just be coming for 6months to looking at perminent residencency
    As us English would say testing the waters of a new home and to make sure it’s for us that’s why we want to come for 6months and to make sure the right area as well before we buy our future home to live happily. Also I have some medical problems I have an EHIC card but because of the problems would I need to have health Insurance as well for the 6month period, could you recommend an area that is in walking distance close to amenities and not to far from beach as we like walking and exploring.

    • Ian C.

      Hello Carol,

      Thanks for getting in touch with the team here in Spanish Solutions. We are slowly coming back to work after the enforced break.

      You need to be in Spain for three full months before you apply for residencia. October is cutting it too fine for me. Can you get over sooner, get your bank account open, get the application ready etc?
      When you say you want to live in Alicante, would you go as far south as La Zenia/Villamartin where we are based? If so, we can help you with the rental property or maybe even find you a rent to buy property. You said you’d like to be walking distance to the beach and the shops, medical centre etc…. Well, you can find all of that here in Cabo Roig where I live with my family, just 2km from La Zenia. Playa Flamenca, Punta Prima and Los Dolses are all beautiful areas too.
      We have a load of options for you.
      If you don’t like it after 6 months, you can always go back to the UK, but i doubt you will!!
      Have you got your pet passport in place?

      Thanks for the kind words about our website. 
      We like to be helpful. 

      Kind regards,

      Ian

  • Martyn

    We lived and worked in Spain from 2001 -2010 when we returned to the Uk to look after my mother. We had our A4 green Spanish residence when we were living there. We have rented our house out in Spain and have been paying tax in Spain on that income. We had planned to retire back to Spain in two years time. Because of Brexit we have decide to return to Spain at the end of September this year and take up living in our property again. This will be a permanent move and we are selling our property in the uk. The utility bills have been paid from my bank account for the last 10years. We will have a joint private pension income of around £19500 per year. I was also hoping to get a job contract when we return to Spain. We want to ensure we qualify for health care before the end of the transition period. What would we need to do to renew our residency and when would we be able to do it. Our property is in the Malaga province.

    • Ian C.

      Hello Martyn,

      Congratulations on the decision to move back to Spain!
      There are a few bits and pieces that we need to deal with however.
      Firstly, you know there is no time to waste so if you are moving back, do it this summer.
      Are you paying your tax in Spain as non residents?
      In fact, are you up to date on your NRT payments? This is important.
      Are we sure your residency has expired?

      I’m going to copy my colleague Ana who will help clarify a few points for you.

      Good luck on the move to Malaga- your friends back in the UK are going to be very jealous,

      Ian

  • Tanya Stevens

    Hi quick question we have lived in Spain since 2014. We have been paying Spanish taxes since then living off of savings and a small income from my autonomo work plus my nursing pension. We however did not realise we had to inform HRMC as my nursing pension in under 6k and spain has a bilateral tax treaty with UK I’m now concerned we will be fined in the UK?

    • Ian C.

      Hello Tanya,
      No panic, we can help you with your tax situation.
      In a nutshell you need to stop paying there in the UK, and start declaring your income from the UK here in Spain. I’ll email you more details, but we have the relevant forms here in our La Zenia office- we can help you to fill them in.

      Kind wishes,

      Ian

  • Adam

    Hi, My wife and I are from the UK and want to move to Orgiva in The Granada province before the 31/12/20. We have 2 rental properties in the UK which will give an income of about 1300 euros and also some savings. I am a psychotherapist and work remotely over Skype which brings in about 1000 euros per month. Is this enough income to qualify for residency? Also do we need to apply for residency 3 months before 31/12/20 or can we arive in November? Many thanks for any guidance you can give

    • Ian C.

      Hi Adam,
      Granda is beautiful- you’ll love it there. In terms of income- absolutely, you’ll live a very comfortable life with this sort of money.
      You are correct about needing to be here in Spain for three months before applying for your residency. My advice is to get over to Spain as soon as possible. Even if you make a temporary move for just now, it gives us time to help you get your residencia.
      Hope this helps,
      Kind wishes,
      Ian

  • Gerry Bolton

    My wife and I are both retired pensioners resident in the uk. We own a property in Tenerife and spend less than 180 days a year there. We have NIE numbers and pay none resident tax. If we apply for residency will it effect our status in the uk i.e. tax, NHS, driving licence etc.

    • Ian C.

      Hello Gerry,

      My feeling is yes, it will affect you back in the UK post-Brexit.
      We don’t know enough yet about the British government’s plans however to say with any certainty.
      If you are less than 180 days in Spain, maybe it is better to not become resident here?
      Let’s keep an eye on what happens with the Brexit negotiations over the weeks to come,

      Kind wishes,

      Ian

  • Lucia

    Hi,

    I am a spanish citizen living in the Uk. I am considering moving back to Spain mid July and continue working remotely for my Uk Employer until the end of the year. I would be In Spain for less than 183 days in that financial year but, my daughter who is under my care will move to Spain with me. Would this mean that I have to pay taxes in Spain?

    Muchas gracias.

    • Ian C.

      Hello Lucia,

      If you are here in Spain less than 183 days in 2020 you should be fine to not pay tax in Spain.
      After Brexit?? Really, it is difficult to predict.

      Will you work remotely in Spain in 2021 or have you decided yet?

      Best wishes,

      Ian

  • Tahir Auwal

    I’m Tahir Auwal from Kano, Nigeria plan to study in spain. Pls what are step taking to apply to one of spain university. Thanks

    • Ian C.

      Hello Tahir,
      As you are not from a European country it is necessary that you have recognition from your high school back in Nigeria. This states that you have attended school there and achieved the level required in Spain.
      You can get this recognition at a Spanish Embassy in Nigeria. The Embassy there provides you with a Volante Accreditation. This is the paperwork required to apply at the universities of your choice here in Spain.
      Once you are granted this Volante Acreditativo, you then need to register for a Spanish University entrance exam (selectividad or the Pruebas de Acceso a la Universidad). You are now ready to apply for your dream degree in Spain.

      Good luck with your studies.

      Ian.

  • Deborah Lee

    Dear Linda, I have been waiting for the borders to open in Spain so I can make my move to start my residency process. I already have my NIE & Social Security number. However, its looking unlikely with our COVID-19 numbers to be able to enter Spain until our numbers reduce. With the deadline of 31st Dec for the transition period I wanted to ask do I need to be in Spain 3 mths before to qualify for residency under the current agreement or can I move anytime up until 31st Dec 2020? Regards Debbie

    • Ian C.

      Hello Deborah,

      Unfortunately, as we have no clear guidelines for post Brexit time, we think that moving anytime after September 2020 will be too late to avail an easy residential process in Spain.
      How soon can you get here? The residencia office in Alicante opens tomorrow!!
      Brexit was a mess before Corona virus and we can only assume it is not getting any better!
      You will be able to fly to Spain in August from the UK as things currently stand. The two-week quarantine will, by then, be done away with or worst-case scenario, you’ll be required to self isolate at home. During that time we can start the process of getting your residency in Spain.
      I think it is too big of a deal to wait!

      Let me know how we can help you,

      Best wishes,

      Ian

  • Tim

    Hi,

    I’m British, my wife (non EU) and I lived in Spain until 2016, when we moved to the UK. We had residence cards, padron, health, etc. When we left we didn’t cancel anything. We’ll be going to a new area (Madrid), and registering as self-employed (I had a contract last time). We also have two British toddlers now. Her “Tarjeta de residencia de familiar de ciudadano de la Unión” doens’t expire until november.

    What do we need to do to move back to Spain?

    Thanks, Tim.

    • Ian C.

      Hello Tim,
      We can help. There is no need for you to do anything, just let Spanish solutions take care of you.
      I think you just need to check out what is valid and what is expired. My guess is that your residency cards are still valid, but we’d need to check it out.
      A couple of hundred euro will sort it all out for you.

      Congratulations on the toddlers! Spain is a great place to bring up children,

      Regards,

      Ian

  • Steve

    I have spent a few years back and forth to Spain travelling looking for a possible home. Brexit and Covid 19 has changed that freedom. So I am planning to come to Spain again to get residencia. I obviously need accomodation and a bank account etc. But catch 22 how do you get a bank account without NIE to apply. This all has to be done by 31 December. Is this all possible? I am a Dual national UK/ Australian citizenships. I am early retired with no pension as yet. My income is derived from interest from accounts and I live of my capital and interest. What do I need to prove to establish I’m independent to gain residency. And again how long will this take and what is your cost to help? Thank you.

    • Ian C.

      Hello Steve,

      Good to hear you are moving back to Spain. You are not alone- The British are coming back, that is for sure!
      Anyway, we can open your bank account without an NIE number. Do you not have an NIE number already?
      You need to have lived here for three months before the end of December- so there is no time to waste on this.
      We can help you with rental accommodation, bank account, residencia, everything you need in fact.

      We look forward to hearing more about your particular situation in Spain- I think you are making the correct decision. (just make sure to get your legal and taxation sorted out now)

      Best of luck,

      Ian

  • Mark Jones

    Hi, I’m currently working in the UK for a UK based recruitment company. That means that I am able to perform my role from anywhere that I have internet access and a telephone line.
    With that being said, I am considering moving to Barcelona in September and continuing to work for my current UK company. They have no experience with having international employees so I am just looking into the best way to do this and the tax implications. Would I need to work as an autonimo or could I continue with my UK contract but pay taxes in Spain? I have tried looking into this but there’s so many differences in opinion it’s very confusing!

    Thanks in advance of your help.
    Mark

    • Ian C.

      Hello Mark,

      I can imagine how confusing this is- Moving to Spain especially during Coronavirus, a Worldwide pandemic and on the eve of Brexit is not simple!
      You should indeed become autonomo in Spain- We can do this for you.
      There is no double taxation with the UK and Spain, meaning you’ll only pay tax once, ideally here in Spain.
      If you are deducted at source in the UK, they are obliged to refund this amount to you. We can do it for you, of course, I think the fee we charge is around 200 euro plus VAT.
      If you are using us to set up your self-employed business, which is effectively what you will own, even though you are working for a UK company, we’ll give you a discount of other services you employ us for.

      Please let us know if you’d like any more advice,

      Kind regards,

      Ian

  • Mikey Jones

    Hi there, I’m currently have residency in Fuerteventura, but towards the end of the year we are thinking of moving to italy for a short time to save money so that we can eventually move to madrid next year or the year after. My question is, will I lose my residency, and how easy will it be for me to change my residency to madrid when i eventually move there? Will Brexit prevent me from doing any of this? Thanks

    • Ian C.

      Hello Mikey,
      You will be fine- just don’t become a resident of Italy. Your residency is for all of Spain, the Padron needs to change, however. Changing your Padron will be easy once you move to Madrid. Question; Is moving to Italy the best idea to save money? I mean, you can move to the Costa Blanca and get some work here for the summer? the cost of living here is way less than any part of Italy I’ve been too but generally, we end up in the tourist traps. We paid 21 euros for sparkling water and coffee two summers ago in Rome, it still hurts.
      Ian

  • Peter

    Hi, I have a question please.

    I just received my 5 year Spanish Residency in March. I do not work in Spain. I work online and make money in another country.I just live here in Spain.
    I only had to prove I have enough money in my Spanish Bank account to live here for the next 5 years to get my Spanish Residency.

    My question is:

    Do I need to file a tax form in Spain next year for 2020 – 2021
    Or do nothing?

    Thank you in advance.

    Kind regards,

    Peter

    • Ian C.

      Hello Peter,
      Yes, if you are living in Spain you need to file your taxes here too.
      Best wishes,
      ian

  • Joan

    Hi! I have a doubt about my tax declaration in Spain. I’m a resident in Spain but I work in Gibraltar. To be able to do my tax declaration in Spain I’ve received a document from my company informing me how much I’ve paid for social insurance and for taxes. I know that I was paying a wrong tax in Gibraltar (it is correct now but for last fiscal year it wasn’t correct so it was too low). It means that after some time I will have to pay the difference in  Gibraltar but for Spanish government this information is not available now. In this case it means that I have to pay in Spain a few hundreds euros now, but they don’t know that I will have to pay it in Gibraltar in the future as well. In this case I will have to pay more here in Spain now and more later in Gibraltar which means losing money twice. By calculating my proper tax in a tax calculator (what I’ve should pay) in Gibraltar it appears that in Spain I should pay much less but how can I prove to Spanish government that later I will have to give money back in Gibraltar and not pay now  so much in Spain? I don’t want to lose money twice, especially that the mistake wasn’t my fault but the HR team. I hope I’ve explained my case in a clear way. Could you advise how to act in this specific situation? Should I pay  my tax according to my official document and will I be able in the future when I will have to pay money back in Gibraltar deduct it from my declaration? Or should I do my tax declaration according to the tax calculator and in case of anything I will be able to explain it to the Spanish tax office?

    • Ian C.

      Joan, As a resident in Spain you are liable to pay taxes in Spain, but you need to stop paying taxes in the UK. The fiscal year in Spain is from January to December, so by the end of June of the following year, you need to submit your tax return form and pay any tax if applicable in Spain. Then, first of all, you have to pay taxes in Spain, and then ask the UK Inland Revenue for any refund of any tax paid twice.

      Ana

  • Albi

    Hi,

    I work in the UK for a British company. I can work from home as it has been confirmed that I will not be forced to get back to the office in 2020. Hence, I am thinking of moving to Spain in August to work remotely from my parents house at least until the end of the year. I would also give my notice to my landlord in the UK.

    Would I have any issues from a taxation point of view? Do I need to tell my company? (I am moving because of personal reasons)
    My partner is British, should she try to get the residencia en España just in case we stay in Spain until March 2021?

    • Ian C.

      Hello Albi,

      Good news, you’ll have no Spanish taxation issues whatsoever.
      August to December is fine as it is less than 6 months. If you stay to March, no tax issue officially, but right now we have no clear Brexit rules in Spain due to COVID 19.
      What bad timing, not that either issue was really going to arrive at a “good” time.
      hope this helps,
      ian

  • Andrew

    My wife and I would like to spend six months a year in Spain and the rest in the UK Both retired.. Am I correct in thinking that we can spend 90 days as tourists but if we spend 180 days continuously we must register.? Great website!

    • Amanda Thomas

      Thank you Andrew, Yes, if British it is 90 days in every 180 days you can spend in Spain. Nice compliment! Kind regards

  • Mike

    Hello

    Great stuff you guys are doing here!

    I intend to be in Spain with my wife and kid between July/August 2020 and June 30th 2021.

    I’ll be in Spain less than 183 days during the tax year 2020 and also less than 183 days during the tax year 2021.

    I will file taxes in 2020 in the country where I now reside (not EU) and in 2021 I’ll be a tax resident of France.

    Will Spain consider me a tax resident for either 2020 or 2021?

    Thanks

    • Ian C.

      Hello Mike,

      We are costing ourselves business here but no, you don’t need to pay tax in Spain. You’ll be less than 6 months here in 2020 so nothing to pay, and ditto in 2021.
      We recommend that you relax and enjoy your time in Spain!

      Kind wishes,

      Ian

  • Peter

    My Wife and I have owned a Villa on the Costa Blanca for 15 years, where we have been travelling back and forth more or less as we please for up to 90 days at a time and have never stayed in Spain beyond 6 months in any one year. We want to remain UK residents and continue to treat the Villa as a holiday home. After the transition period ends on December 31st 2020 if we stay in Spain for 90 days will we have to stay in the UK for 90 days before returning to Spain for another 90 days. If this is the case it makes enjoying the Spanish climate in May, June and July then again in September to mid November impossible.

    • Ian C.

      Hello Peter,
      Fair question!
      As you know the Brexit will result in a bit of chaos for people who are not organised before the end of 2020. You sound like you have a plan so that puts you ahead of 90% of the population!
      We can’t see any reason why you can’t pick and choose your months to holiday in Spain.
      Be careful not to stretch it out beyond 6 months and you’ll be fine.
      If there is any change after the detail is released of the break-up, we’ll post it on the blog.

      Kind wishes,

      Ian

  • chris

    I am an EU Citizen. I understand than I need to register for residence in Spain within three months of living there. However, I only plan to be in Spain for 5 months a year for at least the next 6 years. Hence I understand I will not be a tax resident but still a resident for long stay purposes. Is that correct? Also what evidence do I need for accommodation when I apply for residence as I will likely rent five months at a time. Thanks in advance
    Chris

    • Ian C.

      Hello Chris- This is correct. We advise you to Get residency but not pay taxes in Spain. No need to be resident.
      To get your Padron and residency, you just need to show your rental agreement.
      Of course, this is in the future and with Brexit- Who knows? It is hard to believe that this late in the game, we still don’t know what the new rules for the UK will be!!

  • Claire Thomas

    Hi, some really useful information here. Thanks for sharing.
    My eighty year old parents have been living in ,Alicante province since 2002, but are now looking to move back to Uk permanently in October 2020 ( to avoid Brexit chaos). They will be keeping their property in Spain for the foreseeable future until they can sell it.
    My concerns are that if they give up their Resident status, say a couple of weeks before they fly, they won’t be covered for any medical treatment in Spain. However, they also won’t be covered under the EHIC scheme until they can register with a GP here in the UK. My father has a number of health conditions and I am worried how they will be covered for this “limbo” period. Would they still be entitled to free health care or should they only give up their resident status once they are settled back in the UK (and registered with our GP)?
    Can a legal representative complete the necessary forms on their behalf (their lawyer has Power of Attorney for both), or would they both need to return to Spain to complete this formality if not done before they leave? My Dad is very frail and may struggle to return next year.
    Thanks so much for your help?

    • Ian C.

      Hi Claire
      If you wish to leave the residency with us we can cancel the day after they return to UK. Should you require any help with the house sale and conveyancing please let us know.
      Kind Regards
      Jane

  • Vanessa

    We stay in stay for 180 days, from your reply’s I understand we need to apply for residency?
    Can I still pay my taxes in the uk where I reside mostly or do I need to pay Spainish tax.
    Also will I have to change my licence to a Spainish one giving up my english (which someone
    has told me) as I will need this back in the uk, or can you apply for Spainish licence and keep your English one.
    Lastly my partner does not have a bank account but can supply proof of wealth, does he need
    to have his own bank account in spain when applying for residency .

    • Ian C.

      Hi Vanessa

      You should only obtain residency if residing in Spain, and after 183 days would be fiscal resident and pay taxes here. Again Spanish licence is for people who reside in Spain as their main residence. We will mail you our contact details if you need further info re Bank account etc.

      Kind Regards

      Jane

  • Steve

    Hi, I really, really want to move to Spain before the end of the year but have a couple of questions!

    I run a number of companies here in the UK, some have been very hard hit by the knock on effects of Covid, because of that I will now need to spend a lot more time in the UK trying to snort out and carry on running the businesses that I had originally planned – what is the max amount of time I can return to the UK each year? Does that change after the first year?

    If I move over to Spain, do I have to spend the whole 3 months in Spain in order to apply for residency? I would be renting for the first year while looking for a place to buy – and have a place lined up to rent. Again would need to whizz back and forth to the UK to manage businesses etc

    Will I be able to run UK companies from Spain ? Is there any weird and wonderful Spanish law that states I cant? My English salary would be paid to my Spanish bank account

    Thanks

    Steve

    • Ian C.

      Hello Steve,

      I wish I had 100% clear Brexit answers but like you, we are waiting!
      What I can tell you is that hundreds of “location independent” workers are moving to Spain to avail of the Spanish lifestyle, the cost of living and the higher quality of life. (As opposed to commuting two hours per day to sit in an office in Dublin, Glasgow or London).
      The advantages of living in Spain are obvious and if you can manage your company from there, you are well on the way.
      What we know for sure is that you need to “live” in Spain for three months before you apply for residencia, as a European Citizen. In 2021 you won’t be a European citizen unless there is a huge turnaround form the British stance.
      So, clearly getting your paperwork sorted out now is key.
      You need to prove you live here though. Do you have family who will be staying here?
      I’m just thinking, we have so many questions, I’m going to email you privately. Maybe we need a Zoom chat with you. I’ll also copy our property and residency experts just to make sure you get the accurate information.

      Bottom line, yes you will benefit in my opinion, from a move to Spain and running your business from here in terms of disposable income and way of life- The rest is just detail, that we can help you with!!

      Good luck with the move to Spain,

      Ian

  • John

    Hello, Would you be able to answe this question:
    If I move over to Spain, do I have to spend the whole 3 months in Spain in or­der to ap­ply for res­id­ency?
    Kind regards John

    • Jane

      Hi John

      You would require bank statements showing 3 months transactions of living in Spain. I have mailed you should you wish our help.

      Kind Regards

      Jane

  • Laly

    Hi, I have my temporary residency (NIE) card which will expire in October, however i haven’t been able to find a job since I’ve become redundant. I’d like to know more about how to renew my residency through showing that I have sufficient funds to support myself. Do you know what I need to provide to apply for this? And how the process will be like?
    Thanks in advance!

    • Jane

      Hi Laly

      Your NIE is not a residency. I have e mailed you should you wish help on applying for residency, as this can vary by area we would require further detail.

      Kind Regards

      Jane

  • Shiela McDonald

    Great website by the way full of info….
    I am a British citizen, bought a Spanish property campoarmor the end of 2019, my idea was 7/ 8 months in spain and the remaining 4months visiting family back in the uk.
    I am a retired local government officer with a pension that would sustain my keep in spain, I do not claim any social benefits in the uk ,
    Firstly, how does the taxation rule apply to me, as I already pay tax in the uk on my pension
    2) I will be coming back out to spain in September
    3) should I apply for residency and how does it work with coming back to the uk for 3/4 months then back to spain for the remaining
    3) does the withdrawal agreement cover family visiting me in spain or will they need a visa
    4) handing over my uk driving licence in exchange for a spainish one, does it also apply for me to hand in the spainish one to be re-issued with my uk licence should I return to the uk say after 5years
    5) do i need a spainish passport or apply for a dual citizenship passport as i don’t want to lose my British citizenship

    • Jane

      Hi Sheila

      We can assist with your residency and driving licence, and refer you to our fiscal advisor for advice on your tax. Please give us a ring and make an appointment to come in September and we can discuss all points.

      Kind Regards

      Jane

  • Peter Mason

    Great Website. However after reading some of the many questions and answers I have got a little confused!
    We have had a house on the Costa Blanca for 4 years, have NIE’s, are on the padron and spend between 5 month and less than 183 days a year here. We spend a similar amount of time in the UK and about 8 weeks travelling elsewhere in the world. We are tax residents in the UK as we have what the UK government calls ‘sufficient ties’ and all our income is generated there.
    Am I right in assuming:
    1. As we spend more than 90 days here we can apply for non tax residency as long as we get health insurance and have sufficient money in the bank.
    2. With residency we can spend any amount of time in Spain each year (therefore sidestepping the 90 days in 180 that may be imposed with a hard Brexit) and we will only become tax residents if we spend more than 183 days.
    3. We will remain UK tax residents as long as we stay less than 183 days in Spain
    4. We will have dual citizenship recognised by UK and just Spanish residency recognised by Spain?

    • Jane

      Hi Peter, thanks for your feedback.

      Yes unless you have residency you will only be able to spend 90 days in 180. If you become resident but spend less than 183 days in Spain whilst you will not be fiscal resident the tax office may contact you for full proof that you have not been here for longer. You will still be UK citizen but Spanish resident. Please contact the office if you want to discuss further or arrange for us to complete your application.

      Kind Regards

      Jane

  • Jeff Wimbledon

    Hi I have a property in Spain since 2016 and have been use in it for our holidays.I am in the process of buying another property in a different area with the intention of me and my wife moving there permanently my wife later this year or next year and myself in 2022 when I can take early retirement. Is it too late to apply for residency before Brexit and my Spanish bank account shows my utilities bills even though I haven’t been there 3 months continuously could we still apply for residency
    Thanks jeff

    • Jane

      Hi Jeff

      Your application requires to be submitted by the end of the year. They will look for 3 months of transactions on your bank statement not just utility payments. If you are not moving over until 2022 and apply to be resident now you could be contacted by the tax about fiscal residency. Please contact us if you would like assistance to complete the process.

      Regards

      Jane

  • Pat Boorman

    I read with great interest but think the greatest need now is for a Bilateral Visa Waiver Agreement as many EU countries give tourists who want to stay a little longer than 90 days such as to overwinter but within the 182 fiscally non-resident limit. If you do not want to stay more than 182 days you are not supposed to register as resident but the crazy situation in Spain at the moment is that if you are there more than 90 days you either have to register or leave.Whilst we have been in EU the Spanish authorities have not generally enforced that and if you leave I think 6 months and do your No Residente return to Hacienda and pay the tax never been a problem.I hope this will continue post Brexit but good if Spanish Government can do a Bilateral Visa Waver an we can go to the Extrangero office before 90 days paying a fee reasonable enough.This would be particularly helpful for property owners but also those who rent and love to come to Spain or the islands ovewinter. Hope this can help!

    • Jane

      Thanks for your comment Pat.

  • jane

    we are uk citizens and have lived in spain for the past 4 years are now resident and pay our taxes, my sons live in australia have dual nationality british/australian are in their early 40s. My youngest son has NIE and owns property here in spain, they want to move to spain in the next couple of years, if we are resident can they move here to live and work or do they need to apply as Australians. We read that Expats living in spain after brexit their families can join them.

    • Jane

      Hi Jane

      As the guidelines are constantly changing we would be unable to comment on what the position will be in a couple of years. Please contact us closer to your sons move and we should be able to help as to the situation at that point.

      Kind Regards

      Jane

  • Paul Taylor

    Good Afternoon
    My wife and i have just finished sailing around the Med and have decided to buy a house here, which we have done (we have sold our boat). We have a house in the UK and have to spend time there because of our mothers are in a home and are very elderly. I is our intention to downsize our home in the uk just so we have a place of our own thus futureproofing eventualities in the future, we would then spend most of our time here in Spain, but this cannot happen until our mothers have ‘moved on’. We live on our investments and currently our EHIC cards. I am aware that after 31st Dec we will need private medical cover, but do i assume that the 90/183 day rule will have to be followed after this time, until we eventually apply for residency. I have an NIE number but that is all. do you have any suggestions as to other paperwork i should get into place before the end of the year, or indeed any other permit or visa that would grant us more time here until we make the move permanent. Thank you Paul

    • Jane

      Hi Paul

      For now what you have is correct, we have no info of what the requirements will be after Brexit, please contact us when you are making the move and we can assist with your application.

      Kind Regards

      Jane

  • Dave sands

    Hi, really stuck here,
    We moved to lanzarote a year ago from the uk.Had jobs until March when we went on lockdown,Our finances are really really desperately low,still on slight lockdown and no sign of any work anywhere.No home or family in the uk,if we travel to the uk we cannot get any b&b or caravan to allow us to self isolate for 14 days.
    Really worried,

    • Jane

      Hi Dave

      I hope things improve for you, if you have any questions please contact us.

      Kind Regards

      Jane

  • Serena Rizzo

    Hello,
    Thanks for the helpful article. I work permanently for a UK company, but I am planning to move to Spain next month as I can do my job remotely. The company already pays UK tax for me through PAYE.
    Would I still need to pay tax in Spain? or is there a way to tell Spain I am already paying UK tax?

    • Jane

      Hi Serena

      You will need to let UK Tax know you are moving and then suggest you contact a fiscal advisor local to where you are moving to, to discuss your Spanish tax position.

      Kind Regards

      Jane

  • Craig

    Hi I have a uk passport and my partner is Italian and has a Italian passport (eu)we have lived together for 10 years we have an apartment in manilva duquesa we got this 4 years ago I have a pension and some money invested in shares what would we need to do too come over for more than 183days as I am self employed and still working any advice would be nice as we are not sure what we can do as my partner has an eu passport would it make it easier for us thank you

    • Jane

      Hi Craig

      If you wish to stay in Spain for more than 183 days you will require to become resident and fiscal resident. It should be an easier process as your partner is an EU citizen but we will not have full clarity of what the position will be after this year.

      Kind Regards

      Jane

  • Graham Newell

    I have Residencia and my wife is also applying for Residencia – we will not be going for fiscal residencia this year but may do next year when we plan to be in Spain for more than 6 months. I am partly retired but still work in the UK and travel around Europe as part of my job. If you have Residencia in Spain can you still travel in other EU countries, will the 90 rule apply, will the time you spend in Spain count as part of the 90 days?

    • Jane

      Hi Graham

      As rules are constantly evolving with Brexit coming we suggest you check with the British Embassy regarding travel outside Spain in EU.

      Kind Regards

      Jane

  • Nattie

    My question is if i am living in Gibraltar as a British National and then crossing into Spain to see my family on a regular basis. How many times can I do this before I become liable for tax in Spain? Would it theoretically be possible to see them for 3 days a week, each week as I would be under the 183 day rule?

    • Jane

      Hi Nathan

      As you are not a Spanish resident you can only spend after Dec 31st 90 days in 180 in Spain. If a resident you would be liable for tax if spending more than 183 days in Spain.

      Kind Regards

      Jane

  • William Harrison

    I am a UK citizen, and bought a property in Spain in 2015, with the idea of one day moving to Spain and retiring. In 2017 I signed on the residencia (panicking before Brexit). However, I have not lived in Spain for more than 183 days a year since. More like 7-8 weeks in total each year. I have been working in the UK and paying tax there. But do I also need to pay back tax in Spain to 2017, even though I have not been tax resident there ( under the 183 day rule )? Any advice would be much appreciated. Thank you.

    • Jane

      Hi William

      On the details you have provided it does not look that you would be a fiscal resident. It may be best next time you are in Spain to have a chat with a fiscal advisor.

      Kind Regards

      Jane

  • Ian Murray

    Hi me and wife have recently moved to Spain I’ve retired and my wife we now living of our sale of property we both have our NIE and thinking of recedencia are we liable for paying tax kind regards Ian

    • Jane

      Hi Ian

      You would be liable for any tax if you are receiving money in, but if purely living from house sale proceeds this should not be the case. Please contact us and we can assist with your residency application.

      Kind Regards

      Jane

  • gary morgan

    Hello not sure you received my email. I am in the process of deciding to become a resident of spain before dec 2020. I am retired. (uk national ).. My wife will not be able to join me because of her work untill later (about 18 months) Will she be able to live in spain with me as my wife. If I do decide to move- I will contact your office to help me with the process. Many Thanks. Gary

    • Ian C.

      Hi Gary

      As we as yet do not have details of exactly what the rules will be for UK after end of year we cannot comment at this time on how easy it will be for your wife to join you. Please do contact us if you wish to start your application.

      Kind Regards

      Jane

  • gary morgan

    Thank you for for prompt reply.

    • Jane

      Thanks Gary have a lovely day.

      Jane

  • Stuart

    Hola, we purchased a property on the Costa del Sol in December 2004, and for the past 15 years we have lived in Spain for 5 months each year, and as UK Citizen we have lived in our UK property for 7 months each year. After the 31 December 2020, how long legally can we stay in our Spanish property each year? Will we be able to stay in Spain for 5 months, or will be restricted to the 90 day rule in every 180 days – Thank you

  • Joanne

    This is a great website and if possible I would like to be updated as and when you have any further information about the new rules post Dec 31st.
    My partner and I are some of the thousands of Brits that head to Spain for the winter, usually from Nov/Dec to March/April in a caravan/motorhome. Are we still going to be able to do this post Brexit without some sort of visa?

  • John

    We are UK passport holders. We are about to buy a house in Spain. We are resident in Portugal and have a house here. Can we come and go as we please between Spain and Portugal after Brexit?

    • Jane

      Hi John

      Unfortunately as a British citizen you can only spend 90 days in 180 in Spain as the current Withdrawal agreement stands. If you become a Spanish resident you would need to give up your Portugese residency.

      Kind Regards

      Jane

  • Penelope

    First, I’d like to commend you on the wealth of information you are providing. It is of great help.
    Second, I have a short question, which I would appreciate your answer to:
    I am thinking of proving a loan to a Spanish SL. I understand that the Spanish company will have to deduct 10% income tax, at the source, from the interest on the loan (I am a resident of a treaty country, not in the EU). My question is: must I have a NIE, in order to provide this loan, so that the Spanish SL can deduct the taxes or can the Spanish SL deduct the taxes without a NIE for me?
    Thank you and God bless,
    Bracha

    • Jane

      Hi Penelope

      Thank you for your feedback. Yes you will require an NIE to do this.

      Kind Regards

      Jane

  • Eric

    Hi there, thanks for a great website.

    I have been told, contrary to Peter Masons question and answer above on August 6th, that if you register for TIE, you MUST pay tax in Spain or un-register due to section 162.2e of Spanish law Real Decreto 557/2011. Apparently this states that if you are out of Spain for 6 months in any one year (which of course you must be to NOT pay tax), your TIE will be null and void.

    Advice much appreciated.

    • Jane

      Hi Eric

      In most cases if you become a resident of Spain as you say in first five years you may lose your residency if out for more than 6 months. We can only advise that after 183 days you become a fiscal resident and the Spanish tax office will look for a tax return, in some circumstances even less than 183 days they may want you to send proof you were not in the country. As you quite rightly say people who are looking not to become fiscal residents could result in them losing TIE is out of the country, this can differ in situations such as students.

      Thanks for your feedback.

      Jane

  • Angela

    Hello good afternoon please i putting for my document since February up tell Na no updates, could it be there’s any problem

  • Donald Christopher Alderman

    Hi everyone,

    Tricky question here. I was furloughed in Dubai and we came here on Aug 2nd as my British wife have a family home here. I am Canadian. We don’t know how long we will be here but we will hit the 3 month mark in November. Do we get 183 days or just my wife and kids who have British Passports? Or am I the same as I am married to a British National? Do we have 3 months grace period or 6 or are we both treated differently?

    • Ian C.

      Hi Donald

      After 90 days you will require a Visa. Your wife after end of year can only be 90 days in 180 unless she is applying for residency in Spain. For this year your wife will be below the 183 days, after this time would be considered fiscal resident.

      Kind Regards

      Jane

  • David K

    Hi, I took up residencia here in Spain 04/10/2013 and have the small green card. I immediately went autonomo and have a social security card, and Spanish driving licence.

    Business went very quiet with the Covid outbreak and is slow to pick back up, but I intend to tough it out, at 61 I am still a long way from retirement.

    I went to the town hall today and renewed my padron and am now waiting to get a TIE, if I am already a resident should I be expecting any problems?

    Many thanks.

    • Jane

      Hi David

      If you are already resident there is no date for having to change to TIE but if you now have updated padron then you can book an appointment, or contact us to help you.

      Kind Regards

      Jane

  • david iddiols

    Hi there – very useful website !
    I am married to a German national who owns a property in Marbella . We spend a fair proportion of the year there and are trying to assess whether it’s worth me getting Spanish residency . Given my marital situation, do I still need residency if I want to spend more than 90 days here or is the situation influenced by the fact that my wife is German ?
    Many thanks. David

    • Jane

      Hi David

      Thanks for the feedback.

      Yes you will require residency if you wish to stay in Spain more than 90 days after end of this year.

      Kind Regards

      Jane

  • Pete M

    Once you apply for TIE, do you have to have this approved before 31st December or is just applying before this date sufficient. How much funds are required in the bank if I am not currently working in Spain (employed in the UK) but planning to contract and pay tax in Spain in the future? Also, I’m assuming you have to provide proof that you are currently living in Spain when you apply? What evidence do you need to provide? Thanks for the help

    • Jane

      Hi Pete

      Yes our post provides what is required and you need to be living in Spain for a minimum of 3 months. We do not have the criteria after December 31st so your initial fingerprint appointment will require to be held before this. Please give us a call if you wish us to assist.

      Kind Regards

      Jane

  • Laura

    Hi just a quick question. I have been in Spain just over 6 months now and havent been able to return to the UK because of the coronavirus. I plan to go back when I can but in the long term want to live in spain with my Spanish partner. I am not working in either country right now but eventually hope to work in spain. Do I need to get residency as soon as possible? Any help would be great as it is obviously a very uncertain time. Many thanks

    • Jane

      Hi Laura

      If you plan to stay for more than 90 days in 180 after this year you should look to obtain residencia. Please contact us if we can be of any help.

      Kind Regards

      Jane

  • Vicki Conrad

    Hello,
    My family and I are planning a move to Valencia and are keen to complete the residency application before 31st December. Is it now too late? Do we need to prove residency of at least 3 months before we can even begin to apply?

    • Ian C.

      Hi Vicki

      You will require a padron at the address you are living and 3 months Spanish bank account statements. It is perhaps going to be too late if you have not moved as yet. You can still move after this but the criteria for funds in bank etc has not been confirmed.

      Kind Regards

      Jane

  • Michael

    An interesting one is online businesses. They are usually deemed as earning money where their physical servers are. So let’s say someone is set up as a sole trader and has an online store in the UK, or a UK website with UK advertising income, everything paid into a UK bank account.

    The person themselves moves to Spain for more than 6 months, but all the work i.e the website (which with many things can be automated) is carried out in the UK

    I wonder where tax would be due in that instance?

    • Jane

      Hi Michael

      This scenario would depend on whether the person is a Spanish resident and how many days they have been in Spain. If you would like to discuss further please contact and we can direct you to our tax area.

      Kind Regards

      Jane

  • Sharon

    Could you let me know what we should apply for if we wish to spend 5 months in our house in Spain. And the rest of the year outside of Spain. We are Uk citizens with residency in dubai where we have a company but spend most of our time in the Caribbean. Many thanks

    • Jane

      Hi Sharon

      You will be able to spend 90 days in every 180 in Spain without applying for anything, and can use this calculator to ensure you stay within this https://www.schengenvisainfo.com/visa-calculator/

      Kind Regards

      Jane

  • Sinead

    Hi,

    I am very confused by conflicting information I am reading online so hoping that you can help. Can an Irish citizen stay in Spain on holiday for greater than 90 days in a 180 day period? I understand that if you want residency you can apply at 3 months, but I plan on leaving after 4 months, so am not interested in residency as such.

    Thanks

    • Jane

      Hi Sinead

      As an Irish citizen you can spend more than 90 days without residency as you still part of EU.

      Kind Regards

      Jane

  • Michael Mortimer

    Hi, I need to obtain a Tax Residence form from the UK and need to quote the Article number of the DTA in force with Spain. The tax residence enquiry from AEAT is related to me renting a property out (full time and unfurnished) to a company in Spain. I am confused as to whether the certificate needs to quote Article 2 or Article 6. I require this so that they reimburse me the Withholding Tax that I’ve paid to date.

    • Jane

      Hi Michael

      I am sorry I am not fully understanding the question but I think you should contact a fiscal representative. If you require a contact please let us know.

      Kind Regards

      Jane

  • Liz Smith

    I AM VERY CONFUSED! I arrived in Almeria at the beginning of September with my partner and 3 children. Our plan was to find work as soon as possible but this is proving harder than we expected. I have only been able to get a few hours in a school but they want me to be registered as self employed. I have tried to request a NIE at face to face appointments at the extranjeria, presenting the correct form and payment, but have been refused on the basis that I don’t have a job and am not yet registered as self employed. But I can’t register as self employed until I have a NIE. So I’m stuck. My partner has had no luck either. We are British and do not want to stay here unlawfully. I did approach a gestor who has told me she can obtain my NIE for me but I must provide proof of sufficient funds and have my bank statement officially translated. I don’t see why this is needed if I am merely applying for a NIE and this is not a requirement according to the gov guidance. We are nowhere near being able to apply for the TIE as we don’t even have means to begin work as self employed or otherwise! Would we be able to continue living here beyond the end of the year even if we haven’t manged to legalise our status? What about our driving licences, will they still be valid? Our children are attending school… All the burocracy seems unnecessarily complicated.

    • Jane

      Hi Liz

      You should be able to obtain an NIE without this, but there can be local differences so may be worth checking with a local gestor. You will be able to stay for 3 months next year before a TIE is required, or change of licence.

      Kind Regards

      Jane

  • Pete

    Hello, thank you for this information. I have a couple of questions. I’m employed in the UK but I’m able to work remotely.

    1. After 31st December 2020, am I right in saying that if I work less than 183 days in Spain, and no more than 90 days in any 180 day period, I wouldn’t have to register as resident and I would have to pay tax in Spain? So could I for example, work Jan – March in Spain, April – June UK, July – August in Spain, and Sept – December in Spain, as long as I’m adhering to the above rules?

    2. Let say I did want to work longer than 90 days in a 180 day period and have to be a resident. I know this may be more difficult after 31st December 2020, but ignoring that, if I was to do this – can I still be resident in the UK as well? And if I work less than 183 days in Spain (as a resident), do I still pay taxes in UK?

    3. If I buy property in Spain (either as a resident or non-resident), and work less than 183 days in Spain per year, do I still pay income taxes in the UX, even though I own a property in Spain? I understand there are additional property taxes that I would have to pay in Spain. Also, does it make any difference if I’m a resident or non-resident?

    • Jane

      Hi Pete

      The rules refer to living in Spain, if you want to live here you should apply for residency. We do not currently know what the criteria will be after Brexit please keep an eye on our website for more info.

      You can be here, and if you wish work remotely for 90 days in any 180 day period. You can buy a property and either be resident or non resident, there is a small yearly non resident tax due. Whatever you decide you will still be a UK citizen.

      If you want to discuss further please contact our office.

      Kind Regards

      Jane

  • Allan

    Hi Jane , what a wonderful site and service you provide. I am an employee of a UK company I’ve been working remotely in Spain since 11th August 2020 can I stay here working remotely until 3/01/2021? And can I then return for holidays for throughout 2021?

    • Jane

      Hi Allan

      Many thanks for your feedback. You can stay 90 days within 180 next year so just make sure you keep within this throughout 2021. This calculator may help https://schengencalc.com/

      Kind Regards

      Jane

  • Moz Ali

    Hello, great site! I worked in Spain from September 2019 to March 2020, during which I had tax deducted from my salary and had a NIE, then headed back to UK when my job stopped with covid. Is there a P45 equivalent that I need to get from Spain, do I need to do anything specific regarding my tax situation or residency since I am not going back to Spain again as a resident?

    • Jane

      Hi Moz

      Thanks for your feedback. Your employer should have had you sign a document to confirm your position was ending. You may want to get confirmation of this and if you were resident you may also want to cancel this.

      Kind Regards

      Jane

  • Paul Woot

    Hello
    I “early” retired at the age of 56 to Gran Canaria, Spain and got my residents green card after 6 months.
    In 2015 I bought a property here in 2015.
    I do not work in Spain and live off savings and some small investments.
    I read that every Spanish resident had to submit a tax return every year, so I visited a Gestor that I had used for some other things to arrange to do this.
    I was greeted with bewilderment..”a tax return?? what for??”
    If I wanted to I could volunteer a tax return, but there is no requirement to submit a tax return every year unless you have income of 20,000 euro or more.
    For that year I did “volunteer” a return and I declared my savings both UK banked and Spanish banked.
    I have not submited a tax return since then.
    I also returned to the UK for 5 months in 2019 and worked while I was there paying UK tax.
    I have submited a UK self assesment tax return every year since 2007 and declared my change of residency since 2015.
    The UK’s HMRC sends my mail and tax info out to me at my Canarian address and I pay or I my case get a tax refund from the UK’s HMRC when due.
    Am I now to understand that after all this time I should have been “declaring@ tax to the Spanish authorities??
    Regards

    • Jane

      Hi Paul

      As tax can be an individual and complex matter I suggest you contact a local fiscal gestor to talk through your full position.

      Kind Regards

      Jane

  • Craig Holmes

    Hi. I’m looking to emigrate to Valencia early next month. I should have all the required documentation for a residency application by late November, however I will have only been resident for a few weeks at this time (not 3 months). Since I clearly intend to stay for over 3 months, will I be allowed to apply before the 31st December deadline? I recall applying for residency in Ibiza within weeks of arriving in 2010 and having no problems, but that has long since expired and things may have changed since then?

    • Jane

      Hi Craig

      One of the criteria is to have three months of bank statements showing you have lived in Spain. You will also require to be on the padron for the address you live at so you may want to find out if padron appointments are available within this time scale.

      Kind Regards

      Jane

  • Allen Jenkins

    Similar question to Craig above, hoping to move within a couple of weeks, but will not have been there 3 months by the end of the year. I understand that i will not elligable for residency, so what is the alternative? What happens as the clock ticks from 31st december to 1st jan? Or does nobody know yet? Is it literally impossible to move before the end of the year?

    • Jane

      Hi Allen

      As yet we do not know what the criteria will be after end of this year. Please keep an eye on our website for updates.

      Kind Regards

      Jane

  • Robert Munro

    Hello we are currently considering applying for residency to allow us to stay up to 183 when we wish. We also want to keep the 90 day free to visit other European countries. My understanding is that if we stay under the 183 days we can be resident but not tax resident. The residency also saves us using the Shengan allowance so we can use that for other European visits. Finally if we get residency do we have to change our driving licences to Spanish ones or can we use the green card system going forward?

    • Jane

      Hi Robert

      Becoming a resident in Spain is about stating that Spain is your main residence. If you leave for more than 6 months a year in first 5 years your TIE can be revoked. If you become a resident you will also become a fiscal resident. Yes as a resident you require to change your licence to Spanish.

      Kind Regards

      Jane

  • Yvonne

    First week in November I am applying for residential, I have been in Spain since June 2020
    Because it’s only two months to Brexit will I be still covered fully here for healthcare?
    Also if on a visit to UK and I fall I’ll while I’m there am I covered for treatment? Thankyou

    • Jane

      Hi Yvonne

      What method of healthcare are you using for application? Are you a UK state pensioner? I cannot answer re UK without knowing your circumstances.

      Kind Regards

      Jane

  • Jane Louise

    We are retired UK citizens currently in Lanzarote (since 24/10/2020). We have flights booked to go back to the UK on 2nd March 2021, and we are staying in a couple of holiday let apartments during the 4 months. We are a bit confused about the maximum of 90 days for a single stay, and the requirement to get a Residencia if you want to stay for more than 6 months. Would we need a Residencia for just the 4 months, when we have no intention of living in Lanzarote in the next 2 years, although we may make the move after that? TIA

  • Lisa

    Hi, I came to Spain and due to family situations I’m still here after 3 months, I will be staying longer, as I’m looking for a property to rent but going back to U.K. within the next 2 months. Do I need to apply for TIE in the meantime? The property will only be a holiday home going forward.

    • Jane

      Hi Lisa

      You should only apply for TIE if going to make Spain your main residence. After next year you will only be able to stay 90 days in any 180 if you are a UK resident.

      Kind Regards

      Jane

  • Kev O’Brien

    After next year you say we will only be able to stay 90 days in any 180 if we are a UK res­id­ent. Is this 90 days in 180 days from January to December? I ask because I am currently staying 49 days until end of November, and was thinking of coming back for up to 80 days in January 2021.

  • swifteurope

    Hello,

    I am an EU citizen (Poland and UK) my spouse is Australian. I own a motorhome and we want to stay on a campground site in Spain for 5 months (paid site) or year round; can I apply for residency if we take out private health insurance with this arrangement and can my spouse then apply for residence as a family member of an EU citizen?

    We would like do discuss your services as we need help with the process …kindly email me.

    Thank you,
    Chris

    • Jane

      Hi Chris

      The first thing you need to do is check you will be able to go on the padron from the campsite, as you need to be on padron to apply for residency. Yes your wife can apply as family member of EU citizen. Please let me know if we can assist further.

      Kind Regards

      Jane

  • N

    Hi,
    I am a UK citizen. I read that from January 1st I can only stay in Spain, on holiday, for 90 days in a 180 day period. Does this include any days from before January 1st or does it reset on that date?

    For example, if I arrive in Spain on December 1st can I stay until April 1st? Or are the days in December counted and I have to leave by March 1st?

    If I can stay, do I have to register with the police station after 3 months or anything like that?

    Thanks!

    • Jane

      Hi Nishant

      We believe the days start from 1/1/21. You can only stay for this amount of days and no longer unless you are a Spanish resident.

      Kind Regards

      Jane

  • Jaime

    Hi Jane, I wonder if you can advise me.
    My friend has been living in Spain for year but working online for UK company, getting paid into his English bank account. Can he use this as a prove of income or must he provide his economic means in a bank account opened in Spain?

    Also, he has a baby. Although his wife is German and does not need residency, his baby has a UK passport. Does he need to get his residency also? If so, does this count as a 2 family members only as his wife is German? Can he apply for his baby’s residency using the same EX20 form?

    Sorry for so many questions, and thank you very much before hand.
    Jaime.

    • Jane

      Hi Jaime

      Your friend would apply under the section unemployed but use the UK statements and P60 as proof of income. He would need full Spanish health policy as not entitled to healthcare here . Dependant on where he lives will require around 9k euro in a Spanish account. The baby would need to apply also with its own application and we would need full birth cert translated if not born here, and both need to be on the padron. Please let us know if he would like us to help. Dependant on area some padron appointments are not available for this year.

      Kind Regards

      Jane

  • D

    Hi there, I‘m a UK citizen and UK resident (main residence). I arrived in the Canary Islands on the 21 Sept 2020 and planning on leaving on the 1st March 2021 (162 days). Do I need to apply for residency? Is there any other process / paperwork I need to complete? Thank you :)

    • Jane

      Hi Douglas

      Residency in Spain is for people who reside there. Please see the Schengen calculator of how you can work your days out for your visits. It begins on 1st January 2021. https://www.schengenvisainfo.com/visa-calculator/

      Kind Regards

      Jane

  • Janice

    My husband and I would like to stay in Spain for 1 year to see if we want to move permanently there, we don’t want to sell up till we are sure? Would this be possible? We are both taken early retirement and living off savings, would we be taxed in our savings if living in Spain ? We intend to take private health insurance so we are covered when in Spain. Can you advice what best to do as I don’t want to rent for a year and cannot stay more than 90 days and as mentioned we want to try first prior to making a decision if we want to live permanently in Spain?

    • Jane

      Hi Janice

      Yes you can become resident and stay, if you wish to return to UK after that you can deregister. If you become a resident after 183 you will become a fiscal (tax) resident.

      Please give us a call if you wish us to assist.

      Kind Regards

      Jane

  • Peter Anderson

    Thank you for all the information.Its been very interesting reading all your very useful information.

    • Jane

      Thanks for your feedback Peter.

      Kind Regards

      Jane

  • max

    Hi, I’m leaving Spain to be resident in Portugal (before 31/12/20) where I’ll live most of the year 2021. Can I keep a rental contract (apartment) and a vehicle registered in my name in Spain <183 days? (So by June 2021 I will not have any Spanish contracts in my name). Or will the Spanish authorities see me as a possible resident for not ending these before 2021?
    many thanks!

    • Jane

      Hi Max

      I can see no issue here as many non residents have vehicles in Spain and properties.

      Kind Regards

      Jane

  • Dave Harris

    HI,If my daughter is a spanish resident (born in Spain) but also has a British passport,is it likely that with the limited time left before we exit the EU that i could get the TIE residency?I have savings in a UK bank and shares but no job to go to.
    Would you be able to help with this in Seville?Thanks for any information.

    • Jane

      Hi Dave

      We could find you someone who may be able to assist but firstly you would need to be on the padron at your Spanish address. In some areas the appointments to do this are full for this year, so can only be done through a digital signature.

      Kind Regards

      Jane

  • Victor Ruck

    We normally stay every year in our caravan on a mobile home park in Spain between 1st October and 31st March each year because we both suffer seriously from Arthritus and cannot cope with the English winter. Will this still be ok after Brexit next year ?

  • Victoria B

    Hi. I moved to Spain in September 2016 and worked there part time until July 2017. Before that I had lived and worked in the UK. I am a British citizen. I have received a tax claim from the Spanish tax authorities for the year 2016, stating I owe tax on my earnings in the UK and in Spain that year.
    Firstly, I was not in Spain for 183 days so wasn’t actually ‘resident’ and I did my tax return in the UK for that year.
    Secondly, should I have filled out a non-residents tax return in Spain (modelo200 or 210?)?.I did not own a property in Spain at that time.

    • Jane

      Hi Victoria

      If you owned a Spanish property but did not live there permanently then yes you should have been paying non resident tax each year. It may be best to get a fiscal gestor to deal with this, let us know if you wish us to assist.

      Kind Regards

      Jane

  • Jota Atze

    I lived in the past in Spain and obtained NIE & residence permit without any expiration date (the green card). After this I lived back in my home (EU) country for several years. Now I’m going to Spain again for 5 months. Do I need to inform my stay to some Spanish authority after the first 3 months, or not – as I’ve still got my old ‘green card’ valid?

    • Jane

      Hi Jota

      You will need to check with your local town hall that your residency hasn’t been revoked as you have been out of the country for so long.

      Kind Regards

      Jane

  • Margaret swift

    We came back to UK in September after living there for 17 years and decided not to return can we have a fiscal gesto in spain to cancel our residency and pay our due taxes for 2020

    • Jane

      Hi Margaret

      Yes you can. If you wish us to assist please contact us.

      Kind Regards

      Jane

  • Chris

    Hello,

    I applied for my NIE on 30/10/2020, i have the number but it still says it is in process. I have been allowed to work and i have obtained a social security number. How long do you think it will take for them to confirm my NIE and allow me to start the TIE process? Well, i mean doing the fingerprints and collecting the card after.

    I am living in Marbella by the way.

    • Nicola Ryan

      Morning Chris,

      Thank you for your enquiry.

      You can apply for the TIE with the NIE number and supporting documents, the certificate is not needed. We hope this helps.

      Kind regards
      Nicola

  • Emma Robinson

    Good morning,

    We’re looking at relocating to Barcelona in the new year, my partner has previously lived there without paying tax as he was in the country for less than 183 days. Do you know if after Brexit he will still be able to do this, even if myself and our child are in Barcelona?

    Many thanks

    • Jane

      Hi Emma

      As you have not advised where your partner is citizen it is difficult to respond. If from UK and not resident can only spend 90 days in any 180 after Brexit. If he becomes resident and does not stay 6 months a year in first 5 years could have residency revoked. It is best you contact a fiscal advisor as if he is resident then tax office will look for tax return.

      Kind Regards

      Jane

  • Ben sharp

    Hello,

    I started my TIE process at the end of November in Malaga but I am still waiting, how long do you think it will take to get a resolution?

    I am seperated from my wife and kids who are from Peru, i cant bring them here until i have the TIE. I am a UK national by the way.

    • Jane

      Hi Ben

      I cannot comment on the current waiting time for Malaga. Did you use a gestor, as I suggest you contact them to see where your application is in the process. I hope it all works out and your wife and kids can join you soon.

      Kind Regards

      Jane

  • Peter Griffin

    I am a British Citizen married to an Irish citizen. We are not resident in the EU. We would like to buy a property in Tenerife – probably acquired in my wife’s name. I understand that post Brexit I have the right to accompany my EU spouse. If we want to spend 4 or 5 months at a time in Tenerife what must I do? How easy is the process and must I do this every time I visit?

    • Jane

      Hi Peter

      The answer here differs on whether you are looking to become a Spanish resident, or for a holiday home. For a holiday home as you are a UK citizen you can only send 90 days in every 180 after Brexit. If you decide to move to Spain you will be able to apply for residency as a dependant of an EU citizen.

      Kind Regards

      Jane

  • Jessica

    Hi,

    I am a UK national, I do not have residencia in Spain. I began the process of becoming a resident last year but decided to move back to the UK permanently instead.
    After my last visit to the UK in Oct 2019, I had plans to leave Spain in March 2020 but due to covid and lockdowns, I have had to remain here as a tourist. I will now be moving in March 2020, I am aware of the 90 day rule beginning the 1st of Jan, will my time in Spain before that point be taken into consideration? I have no recent proof of entry to show anyone and I am worried about the consequences should I be stopped and questioned.

    Many thanks,

    Jessica

    • Jane

      Hi Jessica

      The 90 day rule will start from 1st January so you need to ensure you move back before then. I hope that helps.

      Kind Regards

      Jane

  • Damien

    Is there still time to move to Spain before Brexit. My Parents have a property there which I can live in, I won’t have a job as yet but have savings of around $90k EUR. I can’t find any information on how long it takes to prove residency

    • Jane

      Hi Damien

      You would require a years private health care and be on the padron, as well as the money in a Spanish Bank account. In some areas there are no padron appointments for this year so you would need to get a digital signature to request it online.

      Kind Regards

      Jane

  • Nicky

    I am a UK resident and citizen, recently retired, came for a month’s holiday in Sept 2020, but stayed on due to Covid-19 issues (safer here as low population and infection rates). Thought to go home at Christmas but again stayed on due to complications of getting home, etc. So now over 90 days though pre-Brexit. Plan now to go home in late March. Can we continue to stay here with no further papers as we are not planning on residing/living here, just having a long post-retirement holiday due to safety issues?

    • Jane

      Hi Nicky

      You will require to go back before 90 days after 1st January as the 90 in 180 is starting then.

      Kind Regards

      Jane

  • ROY HEPPER

    We are hoping to return to Spain early October 2021 with vaccine clearance and pre flight test, after speaking with the Spanish Embassy in Manchester it seems the UK will be classed as Foreign Nationals there is a Non Working Visitors Self Surfficent Visa which will allow visits up to and beyond 180days have you any further information please

    • Jane

      Hi Roy

      This is correct but as yet no information on what this means has been released. Please keep an eye on our website and sign up for our newsletter.

      Kind Regards

      Jane

  • PB

    Hopefully something new but it may be the existing Non Lucrative Visa but this actually makes you temporarily Resident and maybe fiscally I say maybe!

    • Jane

      Hi Pat

      We will be looking at supporting applications for NL Visas next year.

      Kind Regards

      Jane

  • John

    Hi,

    I have been staying in Spain since October 1st coming from the UK. Then I plan to travel to Switzerland in May next year and apply for residency there. And further on only visit Spain for vacation purposes.

    Even though it comes up to 9 months total, it will be just within the 3 month rule for 2020, and then within the 183 day rule for the year 2021. By that I should be ok with my curret stay in Spain, not needing to apply for anything regarding tax, am I correct?

    • Ian C.

      Hi John

      As you are not a resident you can only stay for 90 days in 180 in EU in 2021. You cannot stay in Spain until May with these rules.

      Kind Regards

      Jane

  • muggss2000@yahoo.com

    Hello,
    trust you are well.
    Please can you advise us, my husband has an irish passport and I have an Australia & UK passport. What visa or anything do we need to live in spain. My husband is convinced he needs nothing as ireland is apart of EU and as his wife I won’t need anything either. I would be most grateful if you could help clarify. Thank you for your time and help. Keep Safe. Best regards and have a good christmas & great new year

    • Jane

      Good Morning

      Your husband as part of EU will not require to adhere to the 90 days in 180 after Brexit. There is a process to add you as a dependant which we are happy to support you with if you wish to contact, as you will require to apply for residency if looking to live in Spain.

      Kind Regards ad a Merry Christmas to you too.

      Jane

  • david

    My wife has a Hungarian passport, I have a UK passport. We spend at least 6 months in the UK every year and are resident there. How long can we stay in Spain?

  • nate

    Hi I am impressed at all the advice offered here thank you for your time I hope you could help me. Is it possible for me to stay in Spain if I sign the Padron tomorrow? I am a British national staying with my EU NL partner in Spain since November 2020. I read if I sign padron by tomorrow it proves I was here before 2021.

    Problem is my partner is afraid if I sign my name using her rental contract the landlord will be notified. Is this true? She believes she is not allowed to have me living with her. Could she get in trouble?

    If I even did sign could I still get resident I have no income she supports me financially until I can get a work permit or do I need my own income?

    Lastly if we marry postbrexit can I apply for residency as her spouse?

    Thank you and I appreciate any advice you can offer.

    • Jane

      Hi Nate

      Thanks for your feedback. You would need to check the rental contract with regard to you being added to Padron. I am unsure you would manage to get an appointment for today. We are awaiting confirmation of the requirements to become a resident post brexit. Please sign up for our newsletter to keep up to date on this.

      Kind Regards

      Jane

  • Len Attreed

    Hi Jane
    We have owned property in Spain for 15 years. We have had residencia for the past 8 years. We stay in Spain for 4 months of the year. Will we be able to continue staying for more than the 90/180 rule, as we do now? Will any days spent in Spain count towards our 90/180 day allowance for other visits Schengan parts of Europe?

    • Jane

      Hi Len

      If you have residencia then you are not bound by the Schengen dates in Spain, only other parts of Europe.

      Kind Regards

      Jane

  • PB

    Re -Jane your reply to Eric 14.9.2020 re TIE. If you are absent 6 months it maybe cancelled. Have thought if they are not 6 months of consecutive days ie you come and go for a week or two but are actually away in the year more than 182 days

    • Jane

      Hi Pat

      I believe it would be six months rather than split across the year, but may be best to check with the Spanish government.

      Kind Regards

      Jane

  • Darren Light

    Hi there

    I am British and lived in Spain between 2016 and 2018 with my Australian husband. I have a green residencia card and my husband has the Tie card.

    I’m 2018 my Partner had to go to Australia to care for his Mother and I returned to UK to be with my ill Mum.

    With both intended to return to Spain to live, but are not sure if our residencia is still legal after being out of Spain so long.

    Can we use are old residencia cards or will we have to reapply again when we return?

    Thank you

    • Jane

      Hi Darren

      I suggest you contact the Spanish foreign office to check if your residency documents are still valid.

      Kind Regards

      Jane

  • Chris L

    Hi, I am looking to get a residency in Madrid Spain. I moved there on September 28th 2020 and registered with the Patron. I understand there it is possibility to apply for residency on the grounds of “self sufficient” financially. I can prove I have an income in the UK (rents from property). Is this enough to obtain residency?

    Regards
    Chris

  • Len Attreed

    December 30, 2020 at 8:43 pm
    Hi Jane

    You partly answered my question of 30th December @0843. However, could you please clarify; we have Spanish residencia but wanted to know if days spent in Spain would be included in our 90/180 days in other Schengen areas.

    Many thanks.

    • Jane

      Hi Len

      No the days outside Spain in other Schengen countries are the ones you will calculate as you are a Spanish resident. Hope this helps.

      Kind Regards

      Jane

  • Robbie O’Brien

    Hi
    I am Irish, and an Irish citizen with an Irish passport, I would like to but a property in Spain and I obtained an NIE through the Spanish embassy in Dublin for this purpose recently. How long can I holiday in Spain as an Irish citizen in a property in Spain that I bought? I am a bit confused by the 180/90 day rule. Does it mean I can spend 6 months of the year in Spain? without becoming a resident? For example, could I spend Dec, Jan, Feb in Spain then come home to Ireland for three months- March, April, May- and return to Spain in June, July and August? then back to Ireland for Sept, Oct, Nov, etc. Any advice would be appreciated. Thanks. Also- is there 2 different types of NIE holders?

    I saw the following information on a website and it confused me:

    A. EU Citizen or Resident NIE. It’s on a document called a ‘Registration Certificate’ (Certificado de registro como residente comunitario). It’s a small paper card with the person’s name and NIE written on it. Only citizens of the EU, Norway, Liechtenstein, Iceland or Switzerland, who plan to reside in Spain for more than three months, can apply.

    Remember, EU Citizens already have the right to live and work in Spain, however, they need this certificate to obtain the NIE.

    B. Non-Resident NIE. This is a piece of paper with the person’s name and NIE written on it. It’s for two sets of people:

    1) Citizens of the EU, Norway, Liechtenstein, Iceland or Switzerland, who do NOT plan on living in Spain for more than three months during any 365-day period.

    2) Everybody else such as all non EU-citizens including Americans like me. This NIE only allows you to do certain acts in Spain; it does NOT allow you to live or work here. If a non-EU citizen wants to live legally in Spain, they must go through the immigration process and obtain a Residence Permit (Visa). We work with a Spanish immigration attorney, contact us for questions.

    • Jane

      Hi Robbie

      The 90 in 180 days is for non EU citizens but as you have Irish passport are not bound with this rule. The info you have attached is for becoming a resident. I will contact you direct so you have our details if you wish to chat.

      Kind Regards

      Jane

  • Lesle Lant

    we have been living in a rental property in Villamartin since mid August 2020,out tenancy lasts until end of may 2021.How do we stand with the 90 day rule? we are hoping as we were here last year we can stay on under the rules of the agreement.Also have we left it too late to apply for residence under the old system as we would like to spend 6 months of the year in Spain and 6 months in the uk which we have done for the last 3 years.Kind regards Lesley

    • Jane

      Hi Lesley

      Tracie has your e mail in our enquiries mailbox and has responded with the relevant information.

      Kind Regards

      Jane

  • Elizabeth

    Hi, I am a British citizen with Spanish residency (lived & worked in Spain for 11 years). I moved back to the UK in August 2020 (but have continued to pay rent on a property there) and have been working here from September 2020 but I will move back to Spain in April 2021. I’m not sure whether I should be paying tax in UK or Spain (as the Spanish tax year runs from Jan to Dec 2020 I was living & working in Spain for more than 183 days in that period but as the UK tax year runs from April 2020 to April 2021, I will have been in the UK for more than 183 days in that period)…I guess I should be tax resident in Spain, but I’ve already paid tax on UK earnings as from Sept 2020 so will I have to pay Spanish tax on those earnings as well?…Can you help please? Thanks!

    • Jane

      Hi Elizabeth

      We cannot comment on individuals tax situations but do have a partner firm that be could book a consultation with if you wish. Please give us a ring or e mail enquiries@spanishsolutions.net if you wish us to assist.

      Kind Regards

      Jane

  • Claire

    Hi
    My parents spend winter in Spain, going out in January & returning to the UK usually May/June, then they return to Spain October until the back end of November. They have been stuck in Spain (quite happily) since September due to covid, but are worrying about getting fined for being there? They are due to come home March/April time, if covid allows them. Obviously they want to continue to reside in Spain for the winter months, would they need to get a Visa? Or take Spanish residency? They are a bit confused. They do not own a property, they rent the same apartment every year, and have done so for the past 20 years.
    Many thanks

    • Jane

      Hi Claire

      Here is the Schengen calculator they should use to plan their trips. They can spend 90 days in any 180. They should head home before 30th March as that will be 90 days. Unless they plan to reside in Spain then residency is not really an option. Hope this helps.
      https://www.schengenvisainfo.com/visa-calculator/

      Kind Regards

      Jane

  • John

    Hello,
    My question relates to the conditions attached to having residency in Spain (green card or TIE). Is it a requirement that you MUST spend at least 183 days a year in Spain to keep your residency? Or is it possible to have residency in Spain but spend less than 183 days there and therefore not be tax resident? In this case could someone with Spanish residency spend only 182 days a year in Spain, and remain tax resident in the UK where they spend the rest of the year? Many thanks for your help.

    • Jane

      Hi John

      Our understanding is if you leave Spain for more than 6 months a year in first 5 years your residency can be revoked. The 183 day rule is only one criteria about becoming a Spanish fiscal resident. If you wish to contact us we can refer you to our tax advisors.

      Kind Regards

      Jane

  • Claire essex

    Hi, I hope you can help! I lived in Spain 2014-2014 and I would like to move back to the same town in February. I still have my NIE number and my health card (tarjeta sanitaria). I contacted the town hall and they said I am still registered on their Padron but asked me to update my address. Does this mean I could move back next month to live and work without having to apply for a visa as per the post Brexit rules? As I previously lived there and I have not been taken off the Padron?
    Thank you!
    Claire

    • Jane

      Hi Claire

      If you are a British citizen and have only had an NIE not residencia then you would need to apply to become a Spanish resident.

      Kind Regards

      Jane

  • Robert

    Hi there,

    I’m a British citizen, and from 2007-2010 lived/worked in Spain. My (local) employers at the time were thorough – they took us to the local police station and made sure we went through the padron/ ‘certificado de registro de ciudadano’ process (I have the green certificate), and NIE number (don’t have a certificate though).

    I have read that the green paper ‘certificado de registro de ciudadano’ does not expire – is this true (any way I can check?), and could I use it to stay in Spain longer than 3 months (but shorter than 183 days per year) even though it’s been several years since I was living ‘full-time’ in Spain? I was actually living there in Nov/Dec 2020 – just before UK withdrawal from EU – if that helps in any way.

    Many thanks for your help,

    Rob

    • Jane

      Hi Robert

      If you have been out of Spain for 10 years it may have been revoked. You should check with the Foreign Office. If you wish us to assist please give us a call.

      Kind Regards

      Jane

  • David walsh

    We arrived in the Canary Islands ‪on the 10th Novembe‬r. We are staying in hotels. I am travelling with my Irish passport, my wife has only a UK passport. We are resident in UK. We are retired, healthy, self sufficient, insured.

    I am told that my wife must leave the Schengen area ‪on March 31st‬ but with the current Covid situation our options are becoming more limited by the day. Leaving these islands to a non-Schengen destination will be a challenge unless things improve.

    I have seen on the Internet that my wife may have the right to stay in the Canaries beyond 31st March because she is travelling with her EU citizen spouse. If so, this would be a lifeline for us but I can’t find a definite answer on this or any other action we can take.

    We would be grateful if you could clarify our position.

    Thanks and regards

    • Jane

      Hi David

      I am sorry to say we have not seen this, but I suggest you contact the Spanish Consulate to check this out. I think the confusion may be that a non EU spouse can apply for residency through their EU spouse.

      Kind Regards

      Jane

  • Jeremy Cottrill

    Hi, my girlfriend and I as UK residents and taxpayers are considering wanting to stay in Spain for up to 6 months (not exceeding) to study Spanish in a local establishment that advertises you can do so with a Student Visa. But we wish to remain as UK residents and tax payers. Is this possible and if so what’s the process and what if any are the pitfalls? Would such a tourist visa also enable us to enter and exit other Shengen countries for a few days within the period of the visa?

  • EILEEN DUKE

    Do you think Spain will allow us 180 days visa free as there are a lot of Brits with second homes in Spain.

    • Jane

      Hi Eileen

      We cannot speculate on this, but are aware many holiday home owners would like this to happen.

      Kind Regards

      Jane

  • Daniel hasan

    Hi ,

    I am from India, I want to apply for Spanish Nationality by residence for 10 years, there is no gape in my residence status.
    I have passed A2 and CCSE Exams.
    In first 5 years I traveled out of Spain about 9 months, and the last 5 years I traveled out of Spain about 10 months but not consecutive 6 months in both spell.
    But during 10 years My work life was active only about 4 years,
    and My padron did not continuous during 10 years, time to time padron baja collectively about 4 years,
    My question is that are these conditions can be negatively effected on my nationality application?

    Thanks,

    Daniyal hasan

    • Nicola Ryan

      Good Morning Daniel,

      Thank you for your enquiry.

      It is with regret that we ask you to contact the Spanish Embassy to discuss this as we do not deal with the application for Spanish nationality, only the residencias, we are sorry.

      Kind regards
      Nicola

  • Ray Thatcher

    We purchased a property in Spain which the sale completed in November. We have an Nie number and a Spanish bank. We have since decided to go to live at our property full time when covid restrictions are lifted. My question is can we go for more than 90 days and is it possible to obtain Tie without going through the extremely complicated and costly non lucrative visa route. We have sufficient funds etc to obtain a visa but it’s so very intricate was hoping we could do this move without getting such visa

  • Roger Wilson

    Good evening team,

    After much web searching I’ve found your web page which seeems to have a wealth of information, but I apologise in advance as I’m going to ask questions that I would suspect you’ve repeated many times?

    My wife and I want to rent a Spanish property, at a location yet to be decided, but probably Xavier or Denia, and as we’re both retired what would be the requirements to rent a property each year for 6 months maximum or 183 days as I’ve read on your website.

    From reading several posts, I’m under the impression that a Visa will be needed but wonder if you could give me advice what would be the actual requirements regarding Spanish bank accounts, proof of earnings, rules regarding Spanish rentals, any tax implications and if we can actually stay in Spain from November to April each year or has this dream now been quashed?

    Thank you very much in advance for any help you can offer

    Very best regards

    Roger Wilson

  • Marie Burnapp

    Morning we go to Spain for 90 days between March and June , will I be allowed to go to tenerife for 2 weeks in September.

  • American

    My comment is just to say thank you to all those that provide the answers! I was on a late night Google adventure and came across this site and I was more than impressed with the polite and honest way—Nicola Ryan, Jane, Ian and Amanda answer questions! Polite, compassionate and knowledgeable! How refreshing to see on my travels across the internets! Keep up the good work people!!

    • Jane

      Thank you very much for your feedback.

      Kind Regards

      Jane

  • David Rollinson

    Can you please advise the details and requirements of a non- lucrative visa

  • Chris Edwards

    I am a Brit living in Portugal as a permanent resident and paying tax there. I also have a home in Tenerife where we spent the winter months as non residents paying our tax.What is the situation now,we have no ties to U.K.now.

    • Nicola Ryan

      Afternoon Chris,

      Thank you for your enquiry.

      If you hold a British passport and travel to Tenerife, you will be subject to the Schengen Rules and require a visa. We hope this helps.

      Kind regards
      Nicola

  • David

    Hello,I hold an Irish passport and my wife an American.We’re interested in retiring to Spain and so obtaining residency.I believe we would require comprehensive health insurance for 12 months and a rental contract also for 12 months? My concern is that I have pre existing health condition and I do not want to invest thousands of euros in a health plan and apartment rental security/deposit,only to be denied residency.It appears to be a Catch 22 situation?
    Can you offer any guidance? Many thanks

    • Jane

      Hi David

      It is probably best for you to speak to some insurers first to see if you can get cover. Are you a state pensioner as you could get cover vis your S1. Give us a call if we can assist and suggest insurers to contact.

      Kind Regards

      Jane

  • Andy

    Hi, I moved to Spain on the 1st July 2020 and got Spanish residency on 20th August 2020 (TIE) and then moved back to the UK on 22th November 2020 and stayed there until 30th January 2021. I dont work in Spain or have income there.

    Do I have to pay tax in Spain on my world-wide income for the year January 2020 to December 2020 even though I was only in Spain for 114 days in that financial year but got residency very late in that year?

    Thanks

    • Jane

      Hi Andy

      There are various elements that can make you a Spanish fiscal resident, but certainly on the days one it looks that you would not pay for 2020 in Spain. I suggest you consult a fiscal gestor, we can recommend one should you require.

      Kind Regards

      Jane

  • Lisa

    Hi, I am a German working for a Company in Gibraltar and living in Spain near the border to Gibraltar. I have a Spanish residency and I am doing the yearly tax declaration in Gibraltar and Spain. Since March 2020 most of the people in my company are working remotely due to COVID, before that mainly just in the office. Overall I only worked 5 days in the office last year after March and I would like to keep it that way. So I asked my company whether it would be possible to work from home (Spain) permanently even still after COVID. My company told me that would not be possible due to some (tax) regulation that only allow a max. of 90 working days from home within one year. And even while Gibraltar and Campo de Gibraltar were in lock down/ had very strict moving restrictions I have to use these 90 days since the very beginning of this year. That does not seem right to me.
    I tried to get more information about such regulation from my employer but had no success. Neither was I successful with my online search.
    Do you know if such a regulation really exists, if it applies even still in these COVID times and where I can find out more information about it?

    Thanks you so much for any information provided!

    Lisa

    • Nicola Ryan

      Afternoon Lisa,

      Thank you for your enquiry and kind words.

      It would be best to contact an Asesoria in your area as they will deal and advise on work matters, we hope this helps.

      Kind regards
      Nicola

  • Julian Baker

    I was given Spanish residency on February 17th, and I want to become a Spanish tax payer.
    I have been in Spain since 14 September, so I am not here for 183 days yet.
    I was a UK resident so I am covered by Spain-UK MoU on Article 25 Mutual Agreement Procedure so I don’t have to pay tax in both countries.
    My question is… Can I declare myself a Spanish tax payer from only February 17th onwards?
    So I stop paying UK tax on my wages on the 16th, and start paying Spanish from the 17th — the date of my residency starting.
    Said more generally, can I pick the date I start paying tax from as long it is before 183 days of residency

    • Nicola Ryan

      Afternoon Julian,

      Thank you for your enquiry.

      You will start paying tax from the date on your TIE and the tax year is always a year in arrears. It may be best to have a consultation with a fiscal advisor in regard to your arrangement and how you would pay tax as you may have to be self-employed, here in Spain to do this. We would be delighted to pass your details to our fiscal advisor should you wish.

      Kind regards
      Nicola

  • Nigel

    Hello

    I am from the UK and live there at the moment with my husband who has an Irish passport. We are thinking of buying a place in Spain to spend the winters, but not more than 180 days. Am I right to think that we can both apply for residence in Spain (with me as the spouse of an EU citizen), but that we won’t become tax resident there? Can I apply for 5 year residency on this basis, or if we are only going to spend 5 months, do I need to apply for 5 months every year?

    • Nicola Ryan

      Afternoon Nigel,

      Thank you for your enquiry.

      If you intend to spend under 6 months of the year in Spain, you do not have to apply for residencia. When you apply for residencia, you state that Spain is your home and fixed abode, you will also need to swap your driving licence for a Spanish one. In the regards to the residencia application, yes you can apply for the residencia as “married to an EU citizen” and every initial residencia is valid for 5 years. We hope this helps.

      Kind regards
      Nicola

  • Paul McCulloch

    I am British retired citizen with UK passport. I have valid (2022) European Health Insurance Card from UK. I also have Irish (EU) passport. After lifting Covid restriction I want to travel to Spain and apply for Residency. What are requirements for Residencey? Do I need separate Health cover?

    • Tracie Miles

      Good morning Paul
      Thank you for your enquiry. I have emailed you under separate cover.
      Kind regards

  • Judi Lennon

    Hi there, This is a great site. My partner and I are both Irish. I own a property in Spain and hope from November 2022 to stay for 6 months in Spain, returning home to Ireland for the other six months. Can you advise please, if as Irish citizens we would need to apply for residencia after 3 months? or is it okay for us to stay for 6 months at a time? I have an NIE but my partner doesn’t.

    Many thanks for any advice,
    Judi Lennon

    • Nicola Ryan

      Good Morning Judi,

      Thank you for your enquiry and kind words.

      If you intend to stay in Spain for 6 months or more per year, you should apply for residencia. Please see a link below detailing the requirements:

      https://www.spanishsolutions.net/blog/legal-paperwork/residencias-and-ties/

      If your partner does not have an NIE, this can be obtained when applying for the residencia.

      Kind regards
      Nicola

  • Peter

    Hi from a Canadian!

    My mother, a Canadian, got a non-lucrative visa in Oct 2018. She has a NIE number and also a TIE card. She returned to Canada in April 2019, then back to Spain in Oct 2019. The TIE card expired and a renewal was not approved due to being out of Spain more than 6 months (i.e. April 2019 to Oct 2019). A 2nd renewal request was also denied.

    My mother is still in Spain due to Covid travel restrictions and still staying with family. We’ve been told that after two years in Spain, she can apply for landed immigrant status from within Spain.

    Is it possible to get another temporary residencia (TIE) card by applying from within Spain? We’ve been told there are some special allowances being made because of Covid. I am doubtful but want to ask.

    What options might there be to stay in Spain? Or would she have to leave (when Covid restrictions loosen) and re-apply from outside Spain?

    Your insight appreciated.
    Best regards,
    Peter

    • Jane

      Hi Peter

      We are unaware of any allowances and any non Europeans require Non Lucrative Visas to be able to live in Spain. Due to the 90 day rule your mother would be due to leave Spain the end of this month and apply for an NL Visa in her home country.

      I am sorry this is the case and feel free to contact the Spanish Consulate but this is the current information we have.

      Kind Regards

      Jane

  • paul

    Hi. I got a paper credit card size NIE in 2012 just before change in requriements. Own property, pay IBI etc so assumed on “padron” but never registred seperately. Would having the NIE, paying taxes and owning property be enough to allow longer than 30 day stay without applying for a visa ? It does say “residente communitario en espana desde 2012″/

    • Jane

      Hi Paul

      If this is an NIE and not a residency then as a non resident if you are a non EU citizen then you can only stay 90 days in 180.

      Kind Regards

      Jane

  • Ken

    Hi. I have a job in UK, but moved to Spain in the beginning of March to work remotely. So I have spent >6 month in the UK tax year Apr2020-Apr2021, but at the same time I will spend >6 month in the Spanish tax year Jan2021-Jan2022. So I am confused in which county should I pay the income tax for the income I received between January and March. Thank you!

    • Nicola Ryan

      Good Morning Ken,

      Thank you for your enquiry.

      We feel it would be best to have a consultation with a Fiscal Advisor, either by phone or skype/zoom call, where you will provide tax advice based on your current situation. Let us know if this is something you would be interested in.

      Kind regards
      Nicola

  • Anne

    We are thinking of moving to Spain. My husband works in Switzerland for a Swiss company and will split his time between the two countries. The kids will go to school in Spain & we will live there full time. Where would he pay taxes? If the time is split 50/50 between both countries as well as various business trips to Asia totalling 20 days per year. Thanks

    • Nicola Ryan

      Good Morning Anne,

      Thank you for your enquiry.

      We feel it would be best to have a consultation with a Fiscal Advisor, either by phone or skype/zoom call, where you will provide tax advice based on your current situation. Let us know if this is something you would be interested in.

      Kind regards
      Nicola

  • David

    Hi,

    I hope you can help me with my query.

    My girlfriend and I are both Spanish on a pre-settled status working for a company based in the UK. The company we work for had to shut down the office and transitioned into a work-from-home model and since July 2020 we’ve been living in Spain, and kept working and paying taxes in the UK.

    The company was fully aware of this and allowed us to do so, but they have since called us back to the UK by the end of May 2021 due to taxation reasons, and I am assumming this is because of the 6month away rule “thingy”, we would not be required to come back to the office anytime soon.

    Now, due to the current Covid 19 situation, we don’t feel too confortable to be travelling around and leaving our loved ones just yet until things get back to normal.

    My question then are:

    How and who would look up whether we are staying in Spain longer than those 6 months or 183 days we are allowed? Would it be the Spanish Gvmnt or the HMRC? And how could they determine how long we have stayed abroad and where?

    What would be the legal implications should we decide to remain in Spain past those 183 days, and continue to work and pay taxes in the UK without notifying HMRC?

    I would appreciate any piece of advice you could give me and it would mean the world to have those questions answered, many many thanks!

    • Nicola Ryan

      Good Afternoon David,

      Thank you for your enquiry.

      We feel it would be best to have a consultation with a Fiscal Advisor, either by phone or skype/zoom call, where you will provide tax advice based on your current situation. We hope this helps.

      Kind regards
      Nicola

  • Mark Jones

    Hello – I moved to Granada on September 26th,2020.I had my initial residency application on 29th. October.I’m in receipt of a UK State Pension and S1 form. On December 15th.,I received by registered post a Resolution de concession dated 02/12/2020. It states that the validity of the concession is from 29/10/2020 to 28/10/2025. I’ve just collected my TIE card, date of issue 10/02/2021.
    My question is, from when am I tax resident? I’ve been told,29th October 2020,which would seem odd, as at that point I had only made the application, without any guarantee of it being granted. Also,I had only spent a total of 65 days in Spain during 2020.
    I’m worried that I might inadvertently get on the wrong side of the Spanish tax man through a misunderstanding on my part.
    Many thanks. Your advice will be very much appreciated – Mark.

    • Tracie Miles

      Hi Mark
      My colleague who deals with taxes will email you under separate cover.

      Kind regards
      Tracie

  • james muir

    Hi there hope your can help please,my wife and I own a holiday home in Valencia we go on holiday for approximately a month at a time then return to the UK for a month and then back to Spain for a month if we come out in January and do alternate months when we get to June which will be the 180 days how long do we need to stay out of Spain before we can return for our second 90 days and 180 day period . We own our house have an NIE.No. bank account and pay income tax although we are both retired ,we do not rent our property it is family use only .Thank you for your help it is much appreciated James.

    • Tracie Miles

      Hi James, I have already replied via email to you this morning.
      Kind regards
      Tracie

  • D Desmond

    Hi. I have TIE but I’m still a tax resident in UK. Does this mean I can work in Spain and pay my tax in the UK? To be clear, I’m self employed. Thanks!

    • Nicola Ryan

      Afternoon Dan,

      Thank you for your enquiry.

      If your family is based here in Spain (wife/partner and children), you would be liable to pay your taxes in Spain. If you are single and in Spain for more than 6 months of the year, you will be liable to pay your taxes here, if you are in the UK for more than 6 months you would be liable to pay your taxes in the UK, but please note the Spanish tax office can ask for evidence of this and if they are not satisfied with the evidence, you would be left with a hefty tax bill. We hope this helps.

      Kind regards
      Nicola

  • Patricia Nutter

    Hi Nicola.
    We have now left Spain and are living in UK.
    We lived in Spain for 25years we had residency for the 25yrs .
    I would like to know is there 5yrs grace to keep residency.
    Would we have to start again to apply .
    We will receive UK state pension and my husband has Spanish pension how would this be worked out and how much would we need in our bank account please also how many various visasate they.
    Many thanks
    Patricia

    • Nicola Ryan

      Good Morning Patricia,

      I believe my colleague Tracie has spoken to you this morning, in regard to this matter. If you have any further queries, please come back to us.

      Kind regards
      Nicola

  • Charlie

    Hi, great advice tips!.. hope you can help me.
    My Mum is being cared for in Spain now for about 7 months a year with my sister who’s resident there. Because of the 3 month limit we are looking at establishing my mum with a temporary residency so there’s no pressure on travel limits. She’s a pensioner and not working, would any of her pension incomes and tax status change – as a temporary resident does she have to declare things – eg would her house here in the UK now be seen as a second home and therefore liable for any second home taxes whenever it is sold (thats not the plan but just want to know if her being cared for in Spain for more than 6 months as a temporary resident means she starts being assessed differently in the UK and in Spain). Or is it best to not bother with temporary residency and ask for a special situations visa if there is such a thing?
    Thank You!

    • Nicola Ryan

      Good Morning,

      Thank you for your enquiry and kind words.

      Firstly, you would need to see which avenues/options you would have to apply for your Mothers visa/residencia. If your Mother has been in Spain before Brexit, and is registered on the Padron, she would be able to apply for residencia under the withdrawal agreement. If this is not the case, you would need to apply for a visa through the Spanish Embassy, please see a link to their website below:

      http://www.exteriores.gob.es/Consulados/LONDRES/en/Consulado/Pages/Visas.aspx?fbclid=IwAR3mSiMuwaKldYr62JJvZhvMbTTaxa_vUn1a04WFVCmO8lmtTRBzbIyOEUs

      When your Mother is resident and been in Spain for 6 months or more, she will be liable to pay taxes in Spain, on her worldwide income. We will contact you to discuss this matter further.
      Kind regards
      Nicola

  • Angela

    Hi, I don’t know if you can help with a question relating to Gibraltar / Spain / Brexit. I have spent my 3 months maximum Schengen zone time this year with my Spanish partner in Spain but eventually had to leave due to Brexit rules. Now back in the UK we are both wondering if we would be able to spend time together in Gibraltar once the COVID travel restrictions are lifted. As you can imagine it’s not easy being separated from one another. I have googled searched every imaginable page which only tells me that currently I don’t need a visa but says nothing about whether Gibraltar is now subject to the Schengen zone rules and whether I’d be breaking the law by entering. All I can find is information about COVID restrictions or Etias visas beginning in 2022. Neither of us are clear about whether we could spend say a couple of weeks together there? Hope you can help! Thanks

    • Nicola Ryan

      Good Morning Angela,

      Thank you for your enquiry.

      My colleague Tracie has received your same enquiry via the incoming emails and replied to you via email. Should you have any further queries, please come back to us.

      Kind regards
      Nicola

  • Jane Tolbot

    Hi, I am currently living in UK and have been offered a new job in Gibraltar but would like to live in Spain, can I apply for a non lucrative visa as I won’t working in Spain, I cant apply for a work visa as the company is in Gibraltar.
    Or is there a different visa I should apply for?
    Thanks.

  • Craig

    Hi, I am currently going through the residencia process. I own an apartment in the U.K. that I do not rent out but use when I return to the U.K.
    Do I declare this on my Spanish tax return and will I be taxed on it? The value is circa £200k. I have no other savings. Many thanks.

    • Nicola Ryan

      Morning Craig,

      Thank you for your enquiry.

      You would declare your worldwide income and assets in Spain.

      You would need to submit the 720 form, you will not be taxes on the value of your property. It’s essential to file the 720 before the end of March, the year after you became a resident in Spain

      We hope this helps.
      Kind regards
      Nicola

  • Prashant

    I am indian. And i want to know if i have first year of TIE card in spain and i am out side of EU for 6 months a calander year then my resudency is in problem? Can i enter in spain before 183 days?

    • Nicola Ryan

      Good Morning Prashant,

      Thank you for your enquiry.

      You need to spend a minimum of 6 months in Spain for the first year of your TIE, we hope this helps.

      Kind regards
      Nicola

  • Martin Rollings

    Hello. I’m a retired US citizen and living on savings only, so no taxable income, and I’m not required to file tax returns. I would like to buy a property in Spain, and get residency and live there for a number of years. I understand that I would become a tax resident after 6 months, but since I have no income and filing returns in the US, could you please let me know if that would create tax complications in Spain? Thank you.

    • Nicola Ryan

      Afternoon Martin,

      Thank you for your enquiry.

      Exciting times ahead for you, where in Spain do you plan to settle.

      When you become resident and live in that country for 183 days, you are liable to pay taxes on your worldwide income. You would stop submitting your tax return to the US and submit this to Spain, even if you are under the threshold. You would have no taxes to pay, but you would be registered as being fiscal resident. We hope this helps.

      Kind regards
      Nicola

  • Charlotte

    My parents have lived in Spain for over a year. They applied for residency in December. My dad came back fine but mum did something wrong on her form so had to reapply. We are still awaiting this but because they are still in Spain, if she returns to the uk to visit us now, will she be allowed back in Spain without her residency (can prove it is pending) or will they refuse her because she has already been there over 90 days and needs to stay in the uk for 90 days?

    • Nicola Ryan

      Afternoon Charlotte,

      Thank you for your enquiry.

      It would be best to contact the Spanish Embassy and also the airline to confirm which documents will be accepted. This changes daily and best to have the information directly from the source

      Kind regards
      Nicola.

  • Morgan

    We live in Tenerife for 4-5 months every winter, and we never exceed 183 days stay in Spain. So I assume that we need to apply for residency every year, but will remain taxable in our main country? What kind of tax returns do we need to file each year – now we file a modelo 210? Will residency status give access to the benefits of cheap intra spanish travels that canarians are getting?
    Thanks.

    • Nicola Ryan

      You should only apply for residencia if you are living in Spain for 6 months or more, and Spain will be your fixed abode.

      When you become resident of Spain you must change your driving licence to a Spanish licence and pay your taxes here, if you are in the country for more than 183 days of the year.

      If you state you have not been in the country for 183 days, the tax office may ask for evidence of this and if not satisfied with the evidence, you would be left with the tax bill. We hope this helps.

      Kind regards
      Nicola

  • Claudia

    Hi
    I have been looking through the replies here and do have a question about residencia. I did see in one of your answers that if you stay longer than 90 days but shorter than 183 days I do not have to apply for residencia. However I read a few articles on the EU site that as an EU national if I stay longer than 90 days in Spain I will need to register my residence and get a registration certificate.

    My main worry is this: I am an EU national (Dutch nationality) and I have permanent residency status in the UK. I am planning to buy a property in Spain and stay there approx 5 months a year and the majority of the year in the UK. However as this exceeds the 3 months I have been informed I need to register. And if I register does that mean I get residency and then lose my residency in the UK as I cannot have dual residency. Or is this registration that I need to do something else?

    Thank you :-)

    • Nicola Ryan

      Good Morning Claudia,

      Exciting times ahead for you, where in Spain are you thinking of buying?.

      If you hold an EU passport, you will have freedom of movement.

      When you apply for residencia in Spain, you state that Spain is your home, your fixed abode. You would also be required to change your driving licence to a Spanish licence. In regard to taxes, the tax office have been known to issue tax bills if you are resident. If you state that you are not in Spain for more than 183 days, the onus is on you to prove this. If the tax office is not satisfied, you would be liable for the tax bill. In our opinion, it is not in your interest to apply for residencia if Spain will not be your main place of stay as residencia does not come itself, there are many additional factors to this.

      Should you need any assistance with your property search or securing the property, please get in touch, we would be delighted to help you. Our service would include ensuring there are no debts attached to the property, that the purchase contract is in your favour before signing or paying any deposit, among other things.

      Kind regards
      Nicola

  • Olivia

    Hi there – I just submitted my residency application for a residence permit of an EU family member and I wanted to confirm that while it’s pending, I can leave and enter the country under my tourist visa? Collectively, this year, I have only spent 17 days in the EU so I should be able to leave and enter for another 73 days, correct?

    Thanks!

    • Nicola Ryan

      Good morning Olivia,

      Our opinion is yes, you can leave Spain but best to check with the Spanish Embassy as they provide the Visa and will be able to confirm the requirements.

      Kind regards
      Nicola

  • Christine King

    I have bought a place in Spain so am I right to say I can stay 3months in Spain then back to England for 3month then go again ect ectx

    • Nicola Ryan

      Good Afternoon Christine,

      Thank you for your enquiry.

      If you hold a British passport, you can stay in the Schengen area for up to 90 days then home to the UK for 180 days. Please see a link to a Schengen calculator below:

      https://www.schengenvisainfo.com/visa-calculator/

      We hope this helps.
      Kind regards
      Nicola

  • PJ

    Hi, I’m a UK Citizen and I lived in Spain for 9 months from 2020-2021. I got a TIE while I was there, which granted me five years residency in Spain. I’m back in the UK now, how long can I stay out of Spain without having my residency revoked? I read that it is six months but I’m still unsure. If I keep entering Spain every other month and the 6 months of absence are sporadic instead of consecutive what will happen?

    • Nicola Ryan

      Afternoon PJ,

      Thank you for your enquiry,

      With a temporary residencia (less than 5 years) you can not leave Spain for more than 6 months each year.

      As passports and TIE cards now hold chips that record information, we expect to see many TIE cards revoked for being out of Spain for large periods of time.

      When you declare you are resident in Spain you state Spain is your fixed abode, if this is not the case, we would suggest revoking your residencia.

      Kind regards
      Nicola

  • Amy Streeter

    Hi there! We are Americans with NIEs and plan on leaving Spain this year to move back to the USA. Since we’re leaving, we thought it would be best to avoid being tax residents in Spain for 2022 since the tax rates are so much higher. We understand that means being in Spain less than 183 days (doesn’t have to be consecutive) but we werent positive if that means literally *SPAIN* or if it included the EU in that? We’re considering 3-4 months in Spain and 2-3 months in Italy before returning home to the US for the remainder of the year. Will we be considered Spanish residents then? If not, how do we prove we left and that we are NOT tax residents? There are no stamps between Italy and Spain. Thank you!

    • Nicola Ryan

      Thank you for your enquiry Amy,

      You need to be in Spain for the 183 days to count when it comes to being tax resident. If you are in other countries, you could use your bank statements for instance to prove this, your card payments would show payments in other countries which would prove you are not in Spain.

      Should you need any assistance with the revoking of the residencia, please do not hesitate to contact us.

  • Brigitte

    Hello,

    When you buy a property in Spain (e.g. in the first half of the year), but are renting it out for the first few months after the official handover, and then decide to live there from e.g. September onwards (so being in Spain for less than 183 days in the respective calendar year), would you still be considered as a tax resident in Spain?

    Thanks,
    Brigitte

    • Nicola Ryan

      Afternoon Brigitte,

      If you are a resident in Spain, yes this is correct.

      Kind regards
      Nicola

  • Clare Allistone

    My mother died at the end of 2019 and I have received a share of her estate to my UK Bank account totalling about £400,000, the majority of it in 2021 when probate was settled with the UK Government Tax Office. Tax has already been paid.
    What do I need to do with regard to informing the Spanish tax office? I am a permanent resident in Spain but I also have UK rental income which I declare to the HMRC every year and I also work in the UK on PAYE every year. Can you advise about how to complete my tax declaration and whether I am eligible for double tax status (ie separate taxation in each country).

    • Nicola Ryan

      Thank you for your enquiry Clare,

      We are sorry to hear of your loss.

      If you are resident in Spain and are in the country for 183 days, or your husband and children are based here, you should be declaring your world wide income on your Spanish tax return each year (RENTA). We can offer a tax consultation with Rafa, our fiscal advisor. We will contact you to discuss this matter further.

      Kind regards
      Nicola

  • Rob

    Hi my wife is a Spanish citizen and she owns a house in Spain. The house is not rented out and we use it in the holidays. We both live (and are tax resident in the UK) for 90% of the year. We plan to stay in Spain in our house for 6 weeks during the summer holidays and I will work virtually for 4 weeks for my UK company while I am out there. Is there any tax implications for doing that?

    • Nicola Ryan

      Morning Rob,

      There will be no tax implications if your are in Spain and working from there for 4 weeks. You would only be tax liable if you were a Spanish resident and in Spain for more than 183 days of the year. We hope this helps and have a lovely holiday.

      Kind regards
      Nicola

  • Ian McAdam

    Good afternoon. We are uk pensioners & hold NIE spanish residency since 2015. We are both registered with the Spanish NHS and hold Tarijeta Sanitaria cards. We have also been issued with UK EHIC cards that entitle us to European medical care throughout Europe but not in the UK. I believe we need to obtain European EHIC cards that will entitle us to UK medical assistance if we return to the UK for holidays etc. Is this the case and if so how do we obtain SoNish EHIC cards?
    Thankyou

    • Nicola Ryan

      Thank you for your enquiry Ian,

      As far as we know, you can obtain medical cover in the UK with a stamped copy of your S1. You would have submitted this document to the Social Security office when you applied for the healthcare in Spain. We hope this helps.

      Kind regards
      Nicola

  • Christine King

    Sorry maybe not correct page but trying to find out I have just bought property and stayed for seven weeks when can I return I obviously know not more then six months per year everything is about staying for 90 days sorry if I’m being a bit of a dim wit I just want to book my next visit

    • Nicola Ryan

      Thank you for your enquiry Christine,

      You are allowed to stay in the Schengen area 90 days in every 180. Please see a link below to the Schengen calculator where you can plan your travel and remain within the 90/180 day rule:

      https://www.schengenvisainfo.com/visa-calculator/

      We hope this helps.
      Kind regards
      Nicola

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