Diseño del blog
HOW LONG DO I HAVE TO SPEND IN SPAIN AS UK TEMPORARY RESIDENT HERE?
Elena Rey Delgado • 2 September 2021
HOW LONG DO I HAVE TO SPEND IN SPAIN AS UK TEMPORARY RESIDENT HERE?
There seems to be a lot of confusion on the time that you need to spend in Spain while you still have your temporary residencia (when you have been legally registered as resident for less than 5 years), now that UK is not longer part of EU and its citizens are 3rd country citizens.
We have compiled some information that might be helpful for you.
With regards to your residencia, if you got it under the Withdrawal Agreement or before was a thing,it is called temporary because you are not considered permanent resident until you have been legally registered in Spain for 5 years, but the residencia you have gives the right to live in Spain permanently.
Residencia is thought for people that live here. In order to be able to renew your residencia in 5 years time, you are supposed to spend in Spain at least 4 of the next 5 years.
This is the general rule for all 3rd country citizens.
They started stamping passports in Jan 2021, so they will be able to start checking how long you spend in Spain and how long you spend out of Spain. When you apply for the permanent residencia in 5 years time you will have to produce current passport and previous one (the one you have now) and they will count the days. If you have not been in Spain for long enough they will not renew the residencia.
If they do not stamp the passport they will also register your entry in the country electronically, so it is the same.
The Withdrawal Agreement did not require physical presence in the host state (Spain in this case) at the end of the transition period – temporary absences that do not affect the right of residence and longer absences that do not affect the right of permanent residence are accepted.
Those protected by the Withdrawal Agreement who have not yet acquired permanent residence rights – if they have not lived in Spain for at least five years – will be fully protected by the Withdrawal Agreement, and will be able to continue residing in the host state (Spain) and acquire permanent residence rights in the host state (Spain) after accumulating five years of residence.
Source:https://ec.europa.eu/info/relations-united-kingdom/eu-uk-withdrawal-agreement/citizens-rights_en
This takes you to our law: Real Decreto 557/2011, de 20 de abril, por el que se aprueba el Reglamento de la Ley Orgánica 4/2000, sobre derechos y libertades de los extranjeros en España y su integración social, tras su reforma por Ley Orgánica 2/2009, about the rights and freedom for foreigners in Spain and their right to live here permanently
The article 148 of this law, which you can find in our Spanish National Gazzette, where our laws are published officially:
https://www.boe.es/buscar/act.php?id=BOE-A-2011-7703
Article 148. Assumptions.
1. Foreigners who have resided legally and continuously in Spanish territory for five years shall have the right to obtain a long-term residence permit.
Likewise, foreigners who prove that they have resided continuously in the European Union during that period, as holders of a Blue-EU Card, will have the right to obtain said authorization, provided that in the two years immediately prior to the application, said residence is has produced in Spanish territory.
2. The continuity referred to in the previous section will not be affected by absences from Spanish territory of up to six continuous months, provided that the sum of these does not exceed the total of ten months within the five years referred to in section 1, except that the corresponding departures had been made irregularly.
In the event of absences for work reasons, the continuation of residence will not be affected by absences from Spanish territory of up to six continuous months, provided that the sum of these does not exceed the total of one year within the required five years
In the case of requesting a long-term residence permit based on the provisions of the second paragraph of the previous section, the continuity of residence as a holder of a Blue-EU Card will not be affected by absences from the European Union of up to twelve continuous months, provided that the sum of these does not exceed the total of eighteen months within the required five years of residence.
This means that in the next 5 years you would only be allowed to be out of Spain a maximum of 18 months (if due to work), but no more than that.
Also, you can not spend out of Spain more than 6 months in any of the given years. This also means you will become fiscal resident in Spain, whether you would like it or not. You would need to speak with a financial advisor or accountant if you have not done so.
Have a good day!
From Rey Expat Advisors we can help with the registration management of a vehicle coming from another country and having permanent or temporary foreign registration. If the country of origin is a member country of the EU, it is not necessary to manage the Single Customs Document, therefore it will not be necessary to pay import taxes at customs (Agencia Estatal de Administración Tributaria). The steps to follow would be: obtain the Ficha Técnica at the ITV station, after inspection of the vehicle, pay IVTM tax in the corresponding administration according to domicile, pay the registration tax which depends on the technical characteristics of the vehicle, pay the fees of the Dirección General de Tráfico, request the new Spanish documentation of the vehicle, and print the new registration plates. If the country of origin is not a member country of the EU, a previous step to all the above will be necessary: to manage the Single Customs Document (Documento Único Aduanero) at customs and pay the corresponding import tax duty + VAT. Rey Expat Advisors can help you to manage all the steps of the import and/or registration process in Spain of a vehicle coming from another country. Ask for information and quote without obligation.
STUDENT VISA The other day we told you that it is possible to apply for residencia as 3rd country resident from Spain. One of the ways to do so it was to apply for an STUDENT VISA. Today we would like to explain you a bit more about this process: - You can apply from Spain, but you have to do it within the first 2 months of your arrival to Spain - You will need to register as student to an authorised educational establishment in Spain - The studies would have to be for a course at least 6 months in duration. In theory it could be for any studies that will be over 90 days, but the reality is that if they are for less than 6 months you might not be approved. - Type of activities considered “studies” or activities of non-working nature: o A) CONDUCTING OR EXTENDING STUDIES in an authorised educational establishment in Spain, for the completion of a complete programme, leading to a degree or certificate of studies. o B) UNDERTAKE RESEARCH ACTIVITES OR EDUCATION, without prejudice to the special regime of researchers. o C) PARTICIPATION IN A STUDENT MOBILITY PROGRAMME, to follow a high school education programme in an officially recognised educational or scientific establishment, where the mobility organisation takes responsibility for the student during their stay and selects the host family or institution. o D) UNDERTAKE OF AN UNPAID INTERNSHIP in a public or private entity, based on the signature of an agreement. o E) PROVISION OF A VOLUNTEER SERVICE within a programme pursuing objectives of general interest, based on the signing of an agreement with the organisation in charge of the programme, which has taken out a civil liability insurance for its activities. You can renew this type of VISA for up to 3 years. Once you finish you studies you would be able to apply for a working VISA from Spain if the job you are applying for is related to the studies you have carried out here. Please bear in mind that the Student VISA is not a residency permit, but an “permiso de estancia”: you are allowed to be in Spain for over the allowed 90 days in 180, but you are not considered resident. Your situation will be one of “estancia”(stay) as opposed to resident. This means that the time you spend in Spain under the resident VISA does not count for you tally to become permanent resident or to apply for Spanish citizenship. If you have any doubts or would like more information about this process please do not hesitate to contact us: info@reyexpatadvisors.com or elenareyexpatadvisor@gmail.com
In general 3rd country citizens have to apply for a VISA before they can relocate to Spain. However it is possible to apply for your TIE while you are visiting Spain in certain cases: - If you are married to an EU citizen or are in a registered legal partnership. The EU citizen will have to register first as resident and then you can register as family member of EU citizen. You will enjoy the same rights as your partner, the main one being your ability to work legally in Spain - If you register as student in a course that will last at least 6 months in an centre legally recognised by the Spanish authorities: Student VISA - If you comply with the requirements for the Golden VISA: o Either you make an investment: property or monetary o You are highly qualified worker and get an employment offer (salary over 50.000€) If you have been living in Spain in an irregular/illegal situation, it is also possible to apply for your residencia from Spain in some cases: - Residencia por arraigo laboral: when you have been living and working in Spain for at least 2 years without the right paperwork and you can prove it. In this case you will have to denounce your employer. - Residencia por arraigo social: when you have been living in Spain for at least 3 years without the right paperwork and you can prove it. If you are planning in staying in Spain and do not have the right documents to do so, it is important that you create a good paper trail of your life in Spain, as it will help to regularize your situation in the future.
THE DIFFERENCE BETWEEN NIE AND RESIDENCIA I have been helping people to sort out their paperwork in Spain for a while now, and often the same questions keep coming up. I have noticed there is a lot of confusion between what a NIE is, what is it for, what residencia is, which one do you need and when do you need to do each one. First of all, Facebook and other social media sites can be a great way to find information, but at the same time this information is not always accurate, or it is not explained properly, or simple the same process is done in different ways in different areas of Spain. I know that sounds crazy, and if you are applying for the same thing the paperwork required should be the same everywhere in Spain. The reality is that I use 3 different national police stations to sort out paperwork for my clients and in each of them the officers ask for different documents to prove the same things. So my first piece of advice is that you find someone that does the service within your area and ask them directly. If you prefer to deal with paperwork yourself, then go directly to your closest national police station and ask them what they want you to bring. This is the only way to avoid having to come back 3-4 times to do just one application. For NIE and residencia, often people think that if they have a NIE they also have residencia, or they have residencia but think they only have a NIE. NIE stands for Número de Identificación de Extranjero, which means foreign ID number. When you are in Spain and you need to deal with bureacracy, you need a number to identifiy yourself within the Spanish system. That is your NIE. In order to be able to get one you need a real reason for it, for example: you have been offered a job, you are becoming self employed, you are buying a car, you are applying for a loan/mortgage ... Simply saying "I am moving to Spain" it is not enough of a reason, there are some police stations that will ask for confirmation in writing of your need for NIE, such as letter from the bank, car sale agreement, job offer, etc. The NIE comes in a white A4 paper, and it doesn't expire, the number is forever. The actual piece of paper where the number is written (the NIE certificate) used to have an expiry date of 3 months from the date of issue, but this is not the case anymore. Your NIE does not expire. Having NIE doesn't mean that you are resident in Spain, it means that you have a number that identifies you within the Spanish system. Nothing more. So if you have been living in Spain for 5 years, you have your NIE, and a job and you pay taxes, none of the above means that you are a resident here. It means that you live here, nothing more. In order to be legally registered as resident in Spain you must apply for your residencia card. For non EU countries this is a must, and it has to be done within certain time period after your arrival to Spain. This includes UK citizens moving to Spain after 01/01/2021 However, for EU citizens, even though it is also a requirement to register as a resident, the system is a bit more lenient, and many people has never registered officially as residents in Spain. Now Brexit has shown us the importance of being registered as resident. Our government has already agreed to grant residencia to all UK citizens that are residents here. But this means the ones that are registered as residents officially, not the ones living here but are not registered. When you move to Spain you might need a NIE straight away, or perhaps you can apply directly for residencia if you comply with the requirements. If you have not received a NIE by the time you apply for residencia, you will be allocated one there and then. So if you are in a position to wait until you can apply for residencia, then you will be saving yourself time and money by applying only for residencia instead of a NIE and residencia.
When you move to Spain, one of the first things that you are recommended to do paperwork wise is to register with the Padrón at your town hall. A lot of people can't be bothered, as you can get by without doing it. You have to register, but no one is going to start knocking on your door to see if you have done it or not. But then something happens, like the fires that we experience every summer in the area where I live. And people start complaining that there are not enough firefighters within the town to help with fire extinction, and that houses have been lost, etc. The answer is very simple: each town is equipped with the resources that they need based on the number of people registered as living there. If you live in a town/city and do not registered with the padrón as a citizen of that town/city they don't count you, which means the provision for firefighters, doctors, ambulances, local police, funding for the town hall, etc, will based on the actual number of citizens registered. In other words, if a town has only 5.000 people registered as living there but in reality there is 10.000, they will only have resources for 5.000, which means they won't be able to cover all needs for all citizens. If you dont do your part and register with your padrón then you shouldnt complain about the lack of services. It is totally down to you. Padrón is also your official proof of address in the country, and you will be asked for a fresh copy for basically anything paperwork related: registering children at school, buying or selling a car, becoming resident, registering with the medical center, changing your driving licence ...