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Returning to the UK

Posted: Sun Sep 19, 2021 9:43am
7 replies649 views5 members subscribed
andrea66

Posts: 17

4 helpful points

Location: Los Gallardos

Joined: 1 Mar 2020

Due to personal reasons & reluctantly my partner & I are having to return to the UK to live.  We have residencia but have only been in Spain 13 months. Our property will be on the market, so we will be travelling between countries to sort things out. How long can we be out of Spain before giving up/losing our residencia, can we work in the UK once we leave Spain without tax implications? We're finding it all a bit confusing & cant seem to get any straight answers so any advise or links to my questions & anythingnelse regarding returning to the UK would be greatly appreciated.   Thank you 😉👍

Andymac

Posted: Sun Sep 19, 2021 10:31am

Andymac

Helpful member

Posts: 162

101 helpful points

Location: Lubrín

Joined: 1 Jul 2021

Posted: Sun Sep 19, 2021 10:31am

Hi, not sure if the rules are the same for those who applied for Residency here (pre-brexit) but I have applied for Residency post-Brexit which has to be done in the UK. The rules for us are very specific, when (if) we are successful, we get a provisional residency which lasts 5 years with a number of conditions, financial etc. However one very clear requirement is that in any one year of those 5, we need to be resident in Spain of 10 months, ie no more than 2 months out of Spain in any one year.

Matthew

Posted: Mon Sep 20, 2021 8:11am

Matthew

Legendary helpful member

Posts: 2254

3368 helpful points

Location: Mojacar

Joined: 16 May 2018

Posted: Mon Sep 20, 2021 8:11am

A brave post by Andrea. I think Andymac has answered your question. I wish you only the best for a speedy and successful return to the UK.

andrea66

Posted: Mon Sep 20, 2021 11:47am

andrea66

Original Poster

Posts: 17

4 helpful points

Location: Los Gallardos

Joined: 1 Mar 2020

Posted: Mon Sep 20, 2021 11:47am

Matthew wrote on Mon Sep 20, 2021 8:11am:

A brave post by Andrea. I think Andymac has answered your question. I wish you only the best for a speedy and successful return to the UK.

Thank you Matthew. 

Believe me,  I wish I was brave! it has taken a very long time to formulate my message, I appreciate Andymacs response & hopefully any further advice 

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PhilBr

Posted: Mon Sep 20, 2021 12:39pm

PhilBr

Helpful member

Posts: 168

148 helpful points

Location: Mojacar

Joined: 29 Dec 2017

Posted: Mon Sep 20, 2021 12:39pm

Get yourself a good abogado - we used Maria and Esther at MundiAbogados - for a clear explanation of your legal position and grant them power of attorney for when you are not in Spain to cut down on the travelling etc.

Hiacynth

Posted: Mon Sep 20, 2021 2:32pm

Hiacynth

Helpful member

Posts: 93

59 helpful points

Location: Albox

Joined: 29 Mar 2020

Posted: Mon Sep 20, 2021 2:32pm

Andymac wrote on Sun Sep 19, 2021 10:31am:

Hi, not sure if the rules are the same for those who applied for Residency here (pre-brexit) but I have applied for Residency post-Brexit which has to be done in the UK. The rules for us are very specific, when (if) we are successful, we get a provisional residency which lasts 5 years with a numb...

...er of conditions, financial etc. However one very clear requirement is that in any one year of those 5, we need to be resident in Spain of 10 months, ie no more than 2 months out of Spain in any one year.

I am also going back to the uk to live and I have had to cancel my pardon and my residentcia.The accountant wanted 100€ + iva and my solicitor did it for free. Have also  informed the tax office, and the D.W.P.  Hope that helps you. 

DarioMartin

Posted: Mon Sep 20, 2021 11:57pm

DarioMartin

Legendary helpful member

Posts: 5384

6418 helpful points

Location: Vera

Joined: 16 Aug 2017

Posted: Mon Sep 20, 2021 11:57pm

andrea66 wrote on Sun Sep 19, 2021 9:43am:

Due to personal reasons & reluctantly my partner & I are having to return to the UK to live.  We have residencia but have only been in Spain 13 months. Our property will be on the market, so we will be travelling between countries to sort things out. How long can we be out of Spain b...

...efore giving up/losing our residencia, can we work in the UK once we leave Spain without tax implications? We're finding it all a bit confusing & cant seem to get any straight answers so any advise or links to my questions & anythingnelse regarding returning to the UK would be greatly appreciated.   Thank you 😉👍

You have obtained Residencia pre end of transition period; that means under the “old” system.

For the first five years, in order to retain Residencia, you must comply with rules of continuous residency, meaning you must spend no more than 182 days in any year outside of Spain.  Whilst you retain Residencia, you will be considered tax resident in Spain and any income earned must be declared to Spanish tax authorities, as tax is payable in Spain on worldwide income.

After 5 years of continuous residency, you become a permanent resident and able to spend up to 5 years continuous out of Spain.

NannieH

Posted: Thu Sep 23, 2021 11:30am

NannieH

Helpful member

Posts: 525

302 helpful points

Location: Los Gallardos

Joined: 5 Nov 2019

Posted: Thu Sep 23, 2021 11:30am

PhilBr wrote on Mon Sep 20, 2021 12:39pm:

Get yourself a good abogado - we used Maria and Esther at MundiAbogados - for a clear explanation of your legal position and grant them power of attorney for when you are not in Spain to cut down on the travelling etc.

Yes they are the best..... speak to them....

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