Moving to Spain post transition period. - Page 5

DarioMartin wrote on Tue Jun 30, 2020 12:48pm:

Interesting question - but also you have more time than you suppose - sorry - your friend supposed 😁

If you arrive in October, you don’t have to get Residencia by 31/12 - only register on Padrón etc as residing here.  You then get until 30/6/2021 to obtain your Residencia.

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Now tax confuses the ever living cr*p out of me which is why i pay someone to do it, but as far as I am aware, until you take Residencia AND advise HMRC in writing that you are now resident in Spain for tax purposes, any tax paid is still paid in the UK.

Of course, you bring cash INTO Spain from a house sale, and that cash has already been taxed, the rules of double taxation should preclude more tax being taken - but you would have to declare it.

Ummmmm .... not sure I answered your question ... I saw “tax” and my brain went “ohhhh look. Purple. Butterflies .....” ...

DarioMartin wrote on Wed Jul 1, 2020 1:33pm:

Your rights are preserved under the withdrawal agreement if you begin residing in Spain prior to 31/12; this would definitely cover pensions and healthcare if you were already in receipt of them.  

However I fear that whilst your rights will be protected, if you haven’t started claiming pension and have not provided S1 when you get Residencia, when you come to it in a couple of years, you could fall foul of the end of pension reciprocity. .... that would be my understanding, but I welcome...

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... comment from others who may view that differently .... anyone?

truenudist wrote on Wed Jul 1, 2020 1:14pm:

Hi Bobby

This link will give you some idea about Residencia. If you register here on the Padron before 31st Dec 2020 you then have until 30th June 2020 to finalise all the documentation.

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Residency

Hope this helps a little

regards,

truenudist wrote on Wed Jul 1, 2020 2:43pm:

I think you are probably right Dario. But I think until everything is finalised there is no definitive answer.

I believe the S1 certificate will not be available after 31st Dec. 2020.

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However, having read the Pension it seems a little more vague. This is an extract from the link below.

How your pension is affected

Your State Pension will only increase each year if you live in:

the European Economic Area (EEA)GibraltarSwitzerlandcountries that have a social security agreement with the UK (but you cannot get increases in Canada or New Zealand)

You will not get yearly increases if you live outside these countries.

Your pension will go up to the current rate if you return to live in the UK.

https://www.gov.uk/state-pension-if-you-retire-abroad/rates-of-state-pension.

What it DOESN'T say is whether this WILL continue after 31/12/2020 - but there again it doesn't say it won't.

regards,

Marie52 wrote on Thu Jul 2, 2020 10:10am:

Hi  Beanie1 & hopefully Dario & others 

If one became physically resident in Spain before 31st Dec 2020 and rented a property for six months am I right In thinking that you have until end of June 2021 to actually apply for residencia with the necessary documents ? If that is the case and you decided during that six months not to apply ...

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...for residencia  would you still be able to leave Spain without any penalties ?

I am asking this because we are S1 holders who live in France and still hope to rent in Spain before the end of the year before buying next year. With the latest news I am concerned that if we change our minds after a couple of months in Spain can we  return to France as S1 holders if we have started the residencia process in Spain ?

Thank you all in advance 

chrisso50 wrote on Tue Aug 4, 2020 10:13am:

“If one became physically resident in Spain before 31st Dec 2020 and rented a property for six months am I right In thinking that you have until end of June 2021 to actually apply for residencia with the necessary documents?”

No. The existing requirement stands - you must apply for residency/TIE within 90 days of your arrival. Because of the end of the Transition period on 31 December you really really need to apply for residency  by 31 December....

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Chris

DarioMartin wrote on Fri Jul 3, 2020 9:35pm:

For anything official and especially Residencia, you will require a Certificado de Empadronamiento less than 3 months old.

This is just a matter of going to Ayuntamiento and asking for a new Certificado 

DarioMartin wrote on Tue Aug 4, 2020 10:33am:

When did this change Chris?  I understand that’s what Anne Hernández has been saying, but the Spanish Government advice was that you had until 30th June 2021 as agreed under Withdrawal Agreement to actually apply; the condition was that you had to be resident in the country prior to 31/12

chrisso50 wrote on Tue Aug 4, 2020 11:12am:

Dario - I'm not sure it did change? There has maybe been a confusion between the June 2021 date that some EU countries were allowing on a different type of registration system and the declaratory system the Spanish have adopted. Do you have a link to Spain allowing people until June 2021 to regis...

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...ter their arrival before 31 December? After all anyone arriving before 31 December has to register residency within 90 days - that has long been the case - so 30 June would stretch it to 180 days.

I rely on Ann Hernandez' advice entirely! She leads Brexpats in Spain, she is entwined with British in Europe and in regular communication with both the British Embassy in Spain and with the Spanish authorities. I believe she also lives in Andalucia. I do know that she is concerned about the suggestion that others have made on Brexpats in Spain (Facebook) that as long as you get here by 31 December you can leave obtaining a residency registration (now TIE) appointment until later in 2021.

Her advice seems to be: You can book an appointment online, and should do so before 31 December. The actual appointment you are then given might be late January or even February if there are a lot of last minute applicants, but it's advisable to get online in the early half of December so as to book that appointment. So it seems to be critically important that you can show you arranged the appointment on or before 31 December.

Chris

Matthew wrote on Tue Jun 30, 2020 9:21am:

Just some news reported earlier on Irish media:- 30th June (today) is the last day set for the UK to apply to have its membership of the EU extended beyond 31st December 2020. The EU is still open to such an application, but Mr Johnson is not and is driving full-speed for Brexit on 31st December....

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