Residency
Residency laws are constantly being updated as Spain
slowly comes in line with EU directives. You should
ideally contact an Abogado (lawyer) or Gestoria (Accountant)
for the latest information, however, a basic current
outline is given below:
If you own properties in both the UK and Spain you
will be deemed to be resident in the country where you
have the most personal/financial ties. If you sell your
UK home and move to Spain, you will be deemed to be
a Spanish resident. If you do not fall into either of
these categories, you will be judged according to where
you live most. Also, once you have made a permanent
move to Spain, you will only be treated as a UK resident
if you visit and reside in the UK more than 91 days
in any tax year.
It is not compulsory to apply for residency in Spain
if you are an employed or self-employed EU citizen,
however, if you reside in Spain for more than 182 days
in any tax year, you will be considered tax resident
(for worldwide assets). However, it is beneficial to
have a residency card, as it is a useful form of ID
and also, if selling property in Spain, residency would
automatically exempt you from the 5% tax retention (insurance
against payment of taxes) payable to the Government.
You must apply personally for a Residency Card via
your nearest national police station with a “departamento
de extranjeros” (Foreigners’ Department).
This should ideally be done within one month of entering
Spain and you will need to bring the following documentation
with you.
- Your passport (valid for at least six
months)
- Proof that you are financially stable whilst
in Spain (i.e. pension details, copy of your
work contract from your employer or documented
proof that you have sufficient funds for
self-employed status)
- Medical insurance details
- Three passport sized photographs
- Proof of address (Padron) certificate, obtainable
from your local council (Ayuntamiento).
Once you have submitted your application, you will be
given a date to return in order to have your fingerprints
taken. Your Residency Card is normally issued between
1-3 months after this date. You can collect it in person
from the Police Station.
|