Rules On Living In Spain?
- Víctormanuel Paz
The Residence permit for non-EU citizens – The non EU-foreigners need the residence permit to inhabit in the Spain. To enter the Spanish country the foreigner will be required to show his valid passport and the corresponding visa. Residence permit is required in order to remain and live in Spain after a period of time exceeding 90 days. There are different types of residence permits:
- Temporary residence permi t: It allows you to remain in Spain for a period of time between 90 days and 5 years, your residence permit may be renewed up after that limit.
- Permanent residency permit : It is available to all foreigners who have held a normal residence permit for a continuous period of 5 years, it should be renewed every 5 years.
- Residency permit for special circumstances such as for non-EU citizens whose asylum application had been rejected and to whom the Spanish Internal MinistryÂ had authorised them to remain in Spain;
- Residency permit for reuniting families : this permit entitles the non-EU foreigner residing in Spain to apply for the Spanish residence of his closest family. The applicant must be legally residing in Spain for at least 1 year and he must have authorization for another year to reside in Spain.
The residency permit applications must be submitted personally before the Foreigners’ Office ( Oficina de Extranjeros ) or to the National Police Station with a foreigners’ department nearest the city or town where you are going to live, you will be required to present some documentation depending on the type of residence permit applied. You must submit the following paperwork :
- Valid passport.
- Residence visa in force.
- Proof of previous legal residence of the foreigner in Spain e. a long-term rental contract or receipts for rent;
- Certificate of criminal record issued by the authorities of the foreigner’s home country.
- Some passport-size photographs.
- Medical certificate ( certificado medico ), in the cases that the applicant had not presented it when obtained his visa residence.
- Proof of financial income to support you during the period of residence in Spain, such as pensions, work salaries;
- Proof that your health assistance is guaranteed during your residence in Spain.
- Marriage or divorce certificate or other papers relating to your marital status, plus a Spanish translation will be required when applying for reuniting your family.
Renewals of residency permits are available, provided that neither personal nor economic situations of the non-EU foreigner have changed, this must be applied for at least one month before the residence permit has expired, otherwise the foreigner could be fined. Residence permits are issued by the Spanish Ministry of the Interior ( Ministerio del Interior ). You should carry your residence card with you at all times as it constitutes a mandatory identity card for foreign residents in Spain, it shows your fiscal registration number ( NIE ).
How long can you live in Spain without residency?
How long can I stay in Spain without becoming a resident? – You can stay in Spain for a maximum of 183 days per year (6 months) in order to not become a resident. If you spend an extra day (184 days and onwards), you will be regarded as a resident, hence paying resident taxes in the country.
This is a really important question, and different from the prior one. Because one thing is how long you can legally stay in Spain (which was answered before), and another is to determine how long can you stay in the country without becoming a resident.
This last situation has important implications, especially stemming from all the tax liabilities you will gain. But it is crucial not to confuse residency for immigration purposes and fiscal residency , which are two different things. It is also important to bear in mind that many residence permits require you to stay in Spain for longer than 183 days per year if you want to renew them.
Can UK citizens still move to Spain?
From 2021 onwards, any British citizen who wishes to move to Spain for longer than 3 months must apply for a regular residence permit (even though they could just apply for a tourist visa, which would allow them to stay for a maximum of 90 days every 6 months).
What are the requirements for British to live in Spain?
Retiring in Spain as a British citizen after Brexit – Retiring in Spain as a British citizen is still possible after Brexit. But sadly at a higher cost. ” Until Brexit, British citizens needed to prove they had at least €5,538 per year to become a resident in Spain. After Brexit, they need to show at least €27,792. 96 per year. ” To start the process of retiring in Spain as a British citizen, you need to apply for a non-lucrative visa.
Since you cannot work on this visa – not even remote work– you’ll need to show proof of sufficient financial means for your duration of stay. ” Sufficient financial funds for non-EU citizens is calculated as 400% more than the IPREM , an income index used by the government to determine financial aid and benefits.
In 2022, the annual IPREM threshold is €6,948. 24. ” To qualify for the non-lucrative visa , you must show you’ve at least €27,792. 96 for the entire year in your bank account. And if you want to bring along any family members or dependents, you need an additional €6,939 per person per year.
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To prove your financial means , you could present an up to date bank statement dating 6-12 months, dividends, rent, savings, pension income, credit cards with certified bank certification , etc. Again, no remote work income as that is not allowed! The funds can be in other currencies , but you must ensure that they add up to the minimum requirement in Euros. Additionally, all of the financial proofs must have your name to show they are yours. Aside from that, you also need to prove you’ve private health insurance (until your application for form S1 is accepted); a medical certificate proving you’re not a threat and in good mental and physical condition; a police report showing you’ve got a clean criminal record.
Can I have residency in Spain and UK?
As we have mentioned more than once on these pages, the UK’s decision to leave the EU has made living permanently in Spain much more complicated for Britons. Living in Spain after Brexit now requires individuals to apply for a visa or for a residency permit. Without a visa or residency permit, Britons are able to stay in Spain for 90 days out of every 180-day period, meaning that they could spend half of the year in Spain in two extended visits.
- This is the ideal option for many, but if you don’t want to maintain a base in the UK and want to move to Spain on a full-time basis then you can no longer do this without securing the necessary documentation;
What does this mean for your residency status? Can you be a resident of Spain and the UK at the same time? And how will this impact your tax obligations in each country? Here’s everything you need to know: You Can Only Be a Resident of a Single Nation Whilst maintaining your UK residency when residing in Spain might be appealing, unfortunately this isn’t possible.
In fact, even before Brexit it wasn’t legally and officially possible to reside in both countries (though many people didn’t register as residents of Spain to enable them to do so). This is because, when the UK was part of the EU, the time individuals spent in Spain wasn’t monitored as it is now.
Because this freedom of movement (Under the EU Freedom of Movement Act) no longer applies to UK citizens, the amount of time Britons spend in the UK is being monitored: if you want to stay in Spain for longer than 90 days then you will need a residency permit or visa, and in applying for these you will give up your residency of the UK.
You can only be a resident of one nation at a time. Wondering what this means in real terms? It means you would use your UK residency status, access to some UK benefits, and access to the NHS for any healthcare you might need.
Related: Browse apartments and villas for sale in Alhaurin De La Torre How to Become a Spanish Resident If you were living in Spain before the withdrawal period ended and the UK officially left the EU on 31st December 2020 then your rights to remain were protected by the terms of the Withdrawal Agreement and you should apply for a Tarjeta de Identidad de Extranjero (TIE) residency card : a biometric card that will protect your right to remain in Spain.
If you possess any other type of residency card (a green card is a common example) then you are strongly encouraged to exchange this for a TIE card as soon as possible and protect your residency. If you arrived in Spain after 1st January 2021, or haven’t yet moved to Spain but are currently exploring your options, then your right to live in Spain is not protected by the withdrawal agreement, and you will have to apply to live in Spain like any other third party national.
This can be an expensive and time-consuming process, but you will find it easier to secure a visa to remain in Spain if you don’t intend to work during your time in the country. The visas best suited to you in these circumstances are:
- The non-lucrative residence visa , which requires you to show that you can support yourself financial for the duration of your stay in the country
- The investors visa (or golden visa) , which requires you to make a significant investment in Spanish real estate to remain in the country.
- The student visa , which allows you to stay in Spain for as long as you are studying at an official institution.
How Would Being a Spanish Resident Affect My Taxes? There is a key difference between being a resident and a tax resident of a country: it could well be that, for immigration purposes, you are a resident of Spain without having to be a tax resident of the nation. If this is something you are interested in exploring, then there are the criteria, as set out by the Spanish tax authorities, for being a tax resident in the nation:
- “They have stayed longer than 183 days in Spanish territory over the calendar year. In order to determine the permanence in the Spanish territory, occasional absences are included, except if the taxpayer accredits their residency in another country. In the case of countries or territories labelled as tax havens, the Tax Administration can demand proof of stay in that tax haven over a period of 183 days within the calendar year.
- They have their main base or centre of their activities or economic activities, directly or indirectly, in Spain.
- They have a dependent not legally separated spouse and/or underage children who are usually residents in Spain. This latter situation accepts evidence to the contrary. “
What if I Wish to Remain a UK Resident? If you don’t wish to give up your British residency but still hope to spend considerable periods of time in Spain, or own property in Spain, then this is still possible. You can stay in Spain for 90 days out of any 180-day period without applying for a visa or residency permit. This means that you could spend two three-month chunks of time in Spain every year, which would be an ideal alternative for holiday home owners or ‘snow birds’ wishing to escape the bad winter weather in the UK.
- It is only if you wish to stay in the country for a period of longer than 90 days that you would need to apply for a visa;
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Do I need residency to live in Spain?
If you wish to immigrate in Spain and you have sufficient income to support yourself and your dependents, you may apply for a Non-lucrative residence visa. This visa does not entitle you to work in Spain. You must have income of at least €25,560 annually, plus €6,390 per each additional family member. Income may be derived from investments, annuities, sabbaticals and any other sources of income. The visa issued will have a validity of three months and fifteen days, with multiple entries and 90 days of stay in Spain.
- Within one month of your arrival in Spain, you must apply for a residence permit and a foreign national identity card;
- The residence permit is usually issued for a period of 2 years, renewable, provided that you still meet the economic requirements and you have lived at least 183 days in Spain each year;
After 5 years of holding the temporary residence permit, you will be eligible for permanent residency. The permanent residency will entitle you to live and work in Spain indefinitely. After 10 years of legal residency (temporary or permanent) you may be eligible for naturalization.
- To become a Spanish citizen, you will be required to commit to renounce your previous nationality, have financial stability, no criminal record, attend an interview and prove your degree of integration into Spanish society, e;
knowledge of Spanish language, culture, values and participation in Spanish social activities. Note that nationals of the Philippines, Andorra, Spanish-American countries, Equatorial Guinea, Portugal, as well as individuals with Jewish Sephardic origin, may be eligible for citizenship after two years of legal residency.