Moving to Spain? What Residencia is .... and isn’t

Having now seen a few posts asking about what is needed to move to Spain, how long can I stay etc etc, I thought I’d put out one giving my experiences, and what I have learned from talking to officials at Extranjeria, abogados and my Asesoria.

I’m hoping this thread will generate discussion and will assist those considering moving to Spain.

So - what IS Residencia?  Residencia is (until end of transition period) when you get your little green card that says you can stay in Spain more than the allowed 90 days in any 180 day period.  It translates as “Residency” - you are allowed to be resident in the country .... but BE WARNED - it is PROVISIONAL residency.  Until you have lived here for 5 years, to retain this green card, you CANNOT spend more than 182 days per year out of the country .... which brings me to what Residencia is not - it is NOT something that allows you to spend 4 or 5 months in Spain in one unbroken period, then spend the rest of the time in UK.  It is also NOT permission to go back to UK and then move to Spain “in a few years” when you are in a position to do so.

Residencia says you are “resident” in Spain. You live here. You pay tax here. You have a Spanish driving Licence.  Residencia carries with it the obligation to convert your Licence to a Spanish Licence and spend at least 183 days a year in this country.  

Now, at the moment, it would seem this is only loosely adhered to by the Spanish government, possibly because of the lack of monitoring of passports.  Expect that to now change - 1, of course, because of Brexit, but 2, because of the introduction of ETIAS in 2021, which will electronically monitor arrival and departure times at all airports (if this isn’t being done already)

So, you want to move to Spain.  You’ve decided you’ll no longer travel between the countries, but actually make your life here.  What do you do?

Well, when you arrive, you’ll need somewhere to live.  You’ll either buy, or rent and this allows you to then take the first step and register with the Ayuntamiento for inclusion on the Padrón.  This is simply a register of people living in the area and is used to allocate resources to the ayuntamiento - it is therefore not only an obligation, but very much in your interest to be registered.  Please note, that unless it is a formal, contracted arrangement, “staying with your mates” will not allow you to be registered on the Padrón.  You will at least need proof of rental contract or ownership of a residence to cross that bridge .... and if your friends are themselves renting, don’t be thinking you can get a contract from them - Ayuntamiento WILL require permission from the owner of the property.  Different ayuntamientos have differing requirements, but all share proof of LEGAL residence in a property.

So having now obtained your certificado de Empadronimiento from the Ayuntamiento, what next?  Well, if you aren’t conversational in Spanish and have a thorough understanding of Spanish bureaucracy, you retain someone to assist you through the Residencia process.  This person will apply for an appointment at la Oficina de Extranjeria in Almería for you, correctly complete the Modelo EX18, give you the form you take to the bank to pay the application fee and get stamped, and advise you on what other documentation you will require - this will vary from person to person, although proof of health cover is a big one.

So you’ve got Empadronimiento, you’ve found a Gestor / Asesor / Abogado you like ... but you’re not married, and you want to obtain Residencia on the back of your partner who has an income etc.  well, the LAW, says you can - if you can show you are in a stable de facto relationship or if your de facto relationship is registered in Spain or elsewhere in the EU.  Yes.  That’s what the law says.  Extranjeria in Almería take a very different view.  If you are not married, you are going to struggle getting in as a couple. Obviously if you both qualify, you can each get in on the strength of your own application(s) - but if you are seeking Residencia as a partnership, sorry, I know what CAB says, I know what the law says ... but Extranjeria, the people who will actually grant you your future say “married”.  And that’s life in Spain.  There is no one you can complain to, there’s no point getting stroppy and reporting an official.  It might - or might not - make a difference - but further down the line it WILL come back and bite you, because Spain doesn’t run on what you know, it’s WHO you know ... or who you are known by .....

Health cover.  Always a big question.  Three options, in reality:- 

1. Private health cover valid for at least 1 year at time of application.

2. As it stands now, S1 form from DWP in UK giving your pension entitlement.

3. Start a business (or gain employment) so Autónomo is paid and you can therefore apply for a Tarjeta Sanitaria - you are registered on the Spanish Health System.

Yes, I know of Convenio Especial, however you have to have been in country for at least a year to qualify, and you need Residencia for longer than 90 days soooooooo ....

Income.  You have to provide proof of income.  For this a contract of employment will suffice, failing that proof of ownership of a business or failing that proof of income via Pension or other means OR failing that, proof of sufficient funds in a Spanish bank account to support you.  This is currently 9.050 € if a partnership or 5300 € per person applying if a single person.  This is proven by a Certificado of annual average balance IN SPANISH from your bank.

Once you have that cherished Residencia, and with it the all important NIE (assigned at time of Residencia being granted) you still have obligations - by law, to swap your driving Licence to a Spanish Licence, and to NOT BE ABSENT FROM SPAIN for more than 182 days a year ..... so all those wanting Residencia so you can do 5 months continuous here, then back to UK .... sorry. Nope.  You can still do six months here, but broken into two 90 day periods, separated by 180 days.

Residencia is not for extended holidays.... officials at Extranjeria do tend to get a little tense about this.  Residencia means RESIDENCE.  You reside in Spain, you pay tax here, you are a Spanish resident - not a UK Tax paying resident on an extended break.

This of course is only good up to December 2020, after which UK is a “third country” and residence will be by means of a TIE obtained pursuant to the General Immigration Regime, and I’d like to now invite Chrisso50 to participate and give advice on what will be required there.