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Advice please - Page 3

chrisso50

Posted: Fri Feb 7, 2020 9:26pm

chrisso50

Super helpful member

Posts: 1106

1334 helpful points

Location: Roquetas de Mar

Joined: 23 Jul 2018

Posted: Fri Feb 7, 2020 9:26pm

Kevster wrote on Fri Feb 7, 2020 7:45pm:

@Alicia 11.   Is it not 90 days in 180 therefore 180 days a year if you get the timings right. 

Yes. It’s 90 days in every 180 days, and in a rolling format. There is a calendar available online, to work it out.

Chris

Marie52

Posted: Sat Feb 8, 2020 12:10pm

Posts: 65

20 helpful points

Location: Arboleas

Joined: 26 Jul 2019

Posted: Sat Feb 8, 2020 12:10pm

Can anybody advise me how long it usually takes to obtain residencia  here if we use a recommended Gestor/solicitor ?

We plan to be resident here before the end of the year but if we applied say during October with all the correct paperwork would we be likely to receive all the necessary documents before the end of the transition period. 

I’m concerned that there may be a rush during that period and it may not be sufficient to have officially applied  rather than to have the actual documents in our possession.

Thank you to everybody in advance

Marie 

Gary59

Posted: Wed Feb 12, 2020 12:28pm

Posts: 54

34 helpful points

Location: Mojacar

Joined: 30 May 2018

Posted: Wed Feb 12, 2020 12:28pm

Hi Lisa

It sounds as though you are about to embark on a similar journey to us, although we are not 100% sure that we will eventually up sticks completely.

We purchased in Mojacar last May and try to get out as much as possible whilst still working. Managing to do this quite well at the moment. Same situation as yourself re elderly parents (plus dog!) and not due to retire for another couple of years, so cannot visit  longer than around 3 weeks at a time. As others will have pointed out, I don't think it would be possible to apply for residency now simply because you do not intend to be resident for the foreseeable future. I am sure you are also aware, but you will still be able to visit for 90 continuous days within a 180 day period, so 6 months per annum in total. Good Luck in your search and hope that you have many happy years in Mojacar.

RoyW

Posted: Wed Feb 12, 2020 1:17pm

Posts: 11

2 helpful points

Location: Vera Playa

Joined: 19 Nov 2019

Posted: Wed Feb 12, 2020 1:17pm

A friend of mine in Almeria who consulted a Spanish lawyer in the last few days about applying for Residencia was advised that the authorities are not accepting any applications at the present time and are waiting for guidance from the Spanish government.

Has anyone on this Forum applied for or knows someone who has successfully applied for Residencia recently?

chrisso50

Posted: Wed Feb 12, 2020 1:35pm

chrisso50

Super helpful member

Posts: 1106

1334 helpful points

Location: Roquetas de Mar

Joined: 23 Jul 2018

Posted: Wed Feb 12, 2020 1:35pm

RoyW wrote on Wed Feb 12, 2020 1:17pm:

A friend of mine in Almeria who consulted a Spanish lawyer in the last few days about applying for Residencia was advised that the authorities are not accepting any applications at the present time and are waiting for guidance from the Spanish government.

Has anyone on this Forum applied for or knows someone who has successfully applied for Residencia recently?...

...

I’m not personally aware of recent applications being discouraged but under the Withdrawal Agreement residency applications can continue to be made by U.K. citizens until 31.12.20. Thereafter applications will be for a T.I.E. (Tarjeta Identario Extranjeros) as used by Third Country nationals such as Ukrainians, Serbians, Russians, Americans etc.

There will probably eventually be a specific Spanish 🇪🇸  T.I.E. for UK nationals 🇬🇧 that arrived here before 31 December 2020 and this will refer to the WA conditions. Whether those of us with residency already (300,000 of us) will need to apply for such a T.I.E. remains to be seen ...

I imagine that Spain is still deciding what to do. They have had to spend huge sums already to engage staff to process the existing U.K. ‘residencia rush’ so they may (hopefully) just decide to let existing residents continue with our little green EU residencia cards.

Chris

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Sandra58

Posted: Wed Feb 12, 2020 4:56pm

Sandra58

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Posts: 154

100 helpful points

Location: Mojacar

Joined: 7 Jun 2019

Posted: Wed Feb 12, 2020 4:56pm

Hope this helps:

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

Murphys Mam

Posted: Wed Feb 12, 2020 4:59pm

Murphys Mam

Original Poster

Posts: 25

4 helpful points

Location: Mojacar

Joined: 19 Jan 2020

Posted: Wed Feb 12, 2020 4:59pm

Thanks Gary, the replies I've received have reassured us that there's nothing we can or should be doing in the interim which was a niggle that I had.  Can't wait until we found our ideal holiday home :)

Cazp2307

Posted: Sat Feb 15, 2020 2:35pm

Posts: 4

Location: Mojacar

Joined: 15 Feb 2020

Posted: Sat Feb 15, 2020 2:35pm

Hello Lisa :-)

I hope you do not mind me jumping on your post, but I too had the same sort of queries and have just located this Mojacar forum and found it's contributors so helpful and informing.

My husband and I have been talking for over 10 years about purchasing a holiday home in the sun, but financially can only just realise this dream now. We are both mid fifties and still living and working in the UK, so will not be in the position to retire and live permanently in Spain for a number of years yet, but want to buy our own property, so that we can hop over for long weekends, the odd week away and let our children use it for their family holidays too. 

I have read so many threads on different forums about what you can and cannot do, and Brexit has added more complications but I am still not sure, so wondered if anyone can advise in simple terms.

1) Our first thought was to rent somewhere in the area for a while before making a decision on where to purchase, but I am sure that I have read that it is advisable now to purchase a property in Spain before December 2020 - as after that time there will be more restrictions on non EU members purchasing there.... or have I got this wrong? 

2) If we buy a property in Spain and personally use it for less than 6 months continuously a year - i.e. long weekends / week here and there - would we have to apply for residency? If not .... would letting our children use it at different times to us make a difference / as in would it have to be a family residency or would each member of our family have to apply?

3) If residency is obligatory .... Can anyone advise about having to prove that you can 'afford' to live there ... people have quoted different figures.... We would be purchasing with cash, so no mortgage and then fund the monthly community /utility /insurance /service charges from our UK earnings by transferring the money or is that a problem? We would be taking /asking nothing financially of Spain , but funding our lifestyle there from our UK money........

4) Has anyone recently purchased in the area and could give me a 'heads up' on the do's and don'ts of buying in Spain - I read somewhere on this forum that one contributor said 'Do it once and Do it right' and am trying to gain as much knowledge as possible by reading people's experiences, good and bad, taking on board their good advice, and trying to avoid any obvious pitfalls - we have spent so long, saving so hard, for our piece of Spanish Heaven, that I don't want to end up with a piece of Spanish Hell !! 

I have made notes of people's recommendations for 'honest' estate agents, lawyers / solicitors etc and read with interest peoples views on areas/resorts in Almeria. We are travelling out next month to see for ourselves and get an idea of what's available to buy in our price range,

 in our preferred areas, to hopefully make a final decision before we take the plunge, so for anyone that cares to respond I thank you warmly in advance.

Regards, Carole.

Gary59

Posted: Sat Feb 15, 2020 7:31pm

Posts: 54

34 helpful points

Location: Mojacar

Joined: 30 May 2018

Posted: Sat Feb 15, 2020 7:31pm

Hi Carole,

Re Q1. Personally not heard that there will be restrictions after 12 2020. If you think about it, there are no restrictions now on non EU countries buying and Brits have always owned in Spain prior to when we joined the EU.

2) No you don’t need Residency and would not be able to obtain anyway, unless you intend on living there permanently. It’s a holiday home, so visiting 90 days during 180 days is fine (so with planning you could be out there for 6 months of the year). Children, friends etc have nothing to do with residency either. Basically, if you are just using as a holiday home, Brexit has made no difference. From what I can see Brexit will mainly affect people who are already resident in terms of access to health care as they will no longer have auto access to the state health care. For holiday home owners of course the EHIC card will go, but personally I have never used this and always make sure I have annual travel insurance. So basically, nothing changes for holiday home owners. Go for it!!

3) Not applicable! Everything you have said about funding etc is fine.

Do not use your normal bank to transfer funds. Go with a specialist currency provider (eg: Currencies Direct). Much better exchange rates and easy to set up.

4) We purchased in Mojacar Playa last year and it is honestly one of the best life decisions that we have made. Do your research on the areas of interest. I know a lot of people advise to rent first to get a feel for what is right for you, but we didn’t. We researched for around 12 months beforehand,  visited Mojácar for the first time in May and 4 weeks later picked up our keys! Everyone is different of course, but we knew immediately that we liked the resort, so then it was just a case of deciding on where in the Playa we wanted to be. For us, location was the top priority with large terrace and sea views. Note: If you want to use during the winter months, get a south / south west facing property. 

We looked at 16 properties within 10 days and It is true when people say ‘you will know when you find the one for you’.

Make sure you get a good independent Spanish Lawyer who is based near to the area you wish to purchase. They can do everything for you such as setting up bank accounts, arranging direct debits for utilities and any maintenance fees hat you have to pay. Our solicitor has been fantastic. Honestly, buying in Spain is very easy! 

I know it can seem daunting and you will go through moments of have we done the right thing. I think most people do, but if you have been thinking for so long about it, I would just say do it. Life is too short as they say!

if you have any specific questions about the process feel free to private message me.

Good luck

Gary

chrisso50

Posted: Sat Feb 15, 2020 11:10pm

chrisso50

Super helpful member

Posts: 1106

1334 helpful points

Location: Roquetas de Mar

Joined: 23 Jul 2018

Posted: Sat Feb 15, 2020 11:10pm

Cazp2307 wrote on Sat Feb 15, 2020 2:35pm:

Hello Lisa :-)

I hope you do not mind me jumping on your post, but I too had the same sort of queries and have just located this Mojacar forum and found it's contributors so helpful and informing.

My husband and I have been talking for over 10 years about purchasing a holiday home in the sun, but financially can only just realise this dream now. We are both mid fifties and still living and working in the UK, so will not be in the position to retire and live permanently in Spain for a number of years yet, but want to buy our own property, so that we can hop over for long weekends, the odd week away and let our children use it for their family holidays too. 

I have read so many threads on different forums about what you can and cannot do, and Brexit has added more complications but I am still not sure, so wondered if anyone can advise in simple terms.

1) Our first thought was to rent somewhere in the area for a while before making a decision on where to purchase, but I am sure that I have read that it is advisable now to purchase a property in Spain before December 2020 - as after that time there will be more restrictions on non EU members purchasing there.... or have I got this wrong? 

2) If we buy a property in Spain and personally use it for less than 6 months continuously a year - i.e. long weekends / week here and there - would we have to apply for residency? If not .... would letting our children use it at different times to us make a difference / as in would it have to be a family residency or would each member of our family have to apply?

3) If residency is obligatory .... Can anyone advise about having to prove that you can 'afford' to live there ... people have quoted different figures.... We would be purchasing with cash, so no mortgage and then fund the monthly community /utility /insurance /service charges from our UK earnings by transferring the money or is that a problem? We would be taking /asking nothing financially of Spain , but funding our lifestyle there from our UK money........

4) Has anyone recently purchased in the area and could give me a 'heads up' on the do's and don'ts of buying in Spain - I read somewhere on this forum that one contributor said 'Do it once and Do it right' and am trying to gain as much knowledge as possible by reading people's experiences, good and bad, taking on board their good advice, and trying to avoid any obvious pitfalls - we have spent so long, saving so hard, for our piece of Spanish Heaven, that I don't want to end up with a piece of Spanish Hell !! 

I have made notes of people's recommendations for 'honest' estate agents, lawyers / solicitors etc and read with interest peoples views on areas/resorts in Almeria. We are travelling out next month to see for ourselves and get an idea of what's available to buy in our price range,

 in our preferred areas, to hopefully make a final decision before we take the plunge, so for anyone that cares to respond I thank you warmly in advance.

Regards, Carole.

Hi Carole

The Brexit Withdrawal Agreement has done a reasonable job for existing legal residents in Spain, but it's a bit of a downer for ‘swallows’. Swallows being those non-residents that like to come out here in the winter for six months at a time. And for those UK citizens wishing to move here permanently after the end of transition in December 2020, if they are on modest incomes, it’s a disaster.

As Gary points out, if you just want a holiday home here then Brexit is no impediment as you can stay for up to 90 days in every 180. 

I will try and respond to your various points:

“We will not be in the position to retire and live permanently in Spain for a number of years yet, but want to buy our own property, so that we can hop over for long weekends, the odd week away and let our children use it for their family holidays too.”

You will have no problem using your property for holidays - the only rule will be to ensure you don’t exceed the 90 days in every 180 period. For other family members they will have to abide by that rule themselves so no reason why your property can’t remain occupied by someone or other all the time.

1) “I have read that it is advisable now to purchase a property in Spain before December 2020 - as after that time there will be more restrictions on non EU members purchasing there”

Correct. The restrictions are as regards tax and inheritance if you buy after the Transition period ends. Consult a lawyer about this but basically whilst your property falls within U.K. inheritance law at present it won’t if you buy after 2020, also the tax rate for non- residents will be more after Transition ends.

2)If we buy a property in Spain and personally use it for less than 6 months continuously a year - i.e. long weekends / week here and there - would we have to apply for residency? If not .... would letting our children use it at different times to us make a difference / as in would it have to be a family residency or would each member of our family have to apply?”

No. Only apply for residency if you plan to spend the majority of your time here in Spain, i e 6 months + 1 or183 days. And residency is based on the individual citizen, not the family per se. 

3) “If residency is obligatory .... Can anyone advise about having to prove that you can 'afford' to live there ... people have quoted different figures.... We would be purchasing with cash, so no mortgage and then fund the monthly community /utility /insurance /service charges from our UK earnings by transferring the money or is that a problem? We would be taking /asking nothing financially of Spain , but funding our lifestyle there from our UK money.”

Residency is only obligatory if you are basing yourself in Spain, spending more than 90 days in each 180 days here. If that happens - and you suggest it is s future wish - you will find that after Transition ends you will need to demonstrate to Spain that you have four times the annual income that you need to show you have now. You would also need to demonstrate that you have health care cover: anyone currently of U.K. state retirement age (in receipt of a U.K. state pension) can satisfy this and receive free Spanish health care. Others have to utilise private insurance or the Convenio Especial.  This could be a more significant factor after the Transition period ends.

Good luck in your search!

Chris


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