Winter in southeast spain

If you are thinking of coming to spain after March 2019 ( post Brexit ) then maybe you will need to revise your ideas as everything may change.   For  example U.K. citizens may be treated as non EU and thus have no automatic right to live here and may need  a minimum of 27,000 euros a year income as do non EU Citizens now. .

We intend to become Spanish citizens, as they are still in the eu shouldn't affect us

To become a spanish citizen ( national) unless from a former Spanish colony one must be a legal resident in spain for at least ten years.

Those from a former colony one can apply after two years

In most circumstances one cannot have dual, spanish and another, nationality.   So one is required to renounce the other nationality upon assuming Spanish nationality.   

Again former Spanish colony nationals are allowed to have dual nationality

This is not what a Spanish lawyer told us, he said you register to become a temper citizen, then after 5 years you can become a perminant resident, where are you getting your info from, I would like to make sure thanks

The lawyer was talking about residence status not Spanish citizenship. 

At present one applies for EU Citizen registration.   If granted it automatically become permanent after five years.    One does not need  to do anything (further application) for that to happen.

But that MAY  change after Brexit even for those who are already are resident in Spain 

It depends of what deal, if any, is agreed. At present there is NO DEAL so no one knows at present

PS.  For 20 years of have worked with national police, among other things, assisting callers with applications for resident status

Thanks John.
Does that mean there are a lot oflo g term riots hanging on a thread

Sorry John, fat fingers, I meant long term britsh

I guess most are just hoping it will turn out OK in the end ( ostrich syndrome !)  and it MAY do so.   

But as I said,  at present no one knows.

PS   I am fortunate,  since 2010 I have had dual UK and Irish nationality so I am safe.  If I did not then I would have some concern.

I'm an Irish Citizen so no issue with me. My wife is British so she will apply for permanent residency shortly as only been resident for 8 months This to cover all bases.
How do you think Spouses of EU residents will be treated if the are UK citizens  and are already NIE registered? Worst case if there is no deal?
Thanks. Pat

Pat,  there are two points here. 

You say your wife (so maybe you too) have been resident in spain for 8 months.  If that is so you should have already registered on the EU Citizen Register. 

NB.  After spending a total of 183 in spain one is automatically tax resident

Point two.  A non EU spouse of an EU Citizen now must apply for residencia. Unless special arrangements are agreed,   after Brexit that may apply to an U.K. citizens as they will be non EU citizens

However no one knows now what will happen if U.K. leave the EU

Thanks for the advice. I know about the tax residency so that's not an issue. My wife is applying for her residency and both have NIE's

Pat

I forgot to mention the NIEs

Having an NIE has no bearing on residence status, it is just a fiscal ID number.   

Example a non resident wanting to  say open a bank account, or  who is considering buying or has a property in spain, must have an NIE.   If they then apply for residence status,  EU Citizen Registration for an EU national or RESIDENCIA for a non EU national,  the  fact they have an NIE is not a  factor which is considered

Thank you for this - Where do you register for EU registry? - all we got from our lawyers was the NIE status and we did register our property through the local town hall.
Pat

Pat

You need to go in person to the Extranjera (foreigners dept) of the Policia Nacional for the area which covers the place where you live.

You will need to download the application form, an EX 18, and payment form from the internet.  The police will give you the info for that, or go to

http://extranjeros.mitramiss.gob.es/es/ … itaria.pdf

incidentally.  One legally can only sign on the Padron if they are resident in the town.  I know even owners of holiday property do so but if they were to tell the town  hall they were not resident the town hall would not permit the registration

Dear John
Thank you very much for this info. We are permanently resident in the area and it is not a holiday rental.
I will now get my lawyer to do the needful.

Pat

It will probably not cause you any problem, but you should have registered on the EU Citizen Register, in effect immediately you moved to Spain.  Living permanently in Spain is one of the rules which make one a resident and a tax resident.  In such a case the 183 day rule does not apply.

I do hope you did not ask your lawyer for advice about this and were given the wrong info.

The vast majority of applicants registering  do not use a lawyer to make their registration. It is quite straightforward and  there is a lot of info to assist, in English too, available online.

I do not believe the lawyer we used indicated this ( he may have and my wife might have done this??) I did ask about residencia but was told we did not have to do same. Anyway, we will do so and maybe crib the dates a bit.
Also, my wife is a non-earner so not bothered ref Tax.

I still have not arrived in Spain as cannot get away just yet. Looking forward though. Golf, golf etc.
Again, thanks for your assistance

Pat

Sorry, but Just to add a complication.

One can be considered tax resident if,   

"Your “centre of vital interests” is in Spain – i.e. your spouse lives here.  In this case you are presumed Spanish resident, even if you spend less than 183 days here, unless you can prove otherwise."

Above is an extract from :-   https://www.blevinsfranks.com/news/arti … -and-taxes

Having lived in Spain since I took early retirement 30 years ago,  I can recommended it !   

  I hope you will enjoy it too.

I'm currently in India as an expat for the last 9 years so no problem with proof. 😂

Certainly looking forward to it.

Thanks again and go well.
Pat

PS: What area are you in. We are in Valencia

We moved from Glasgow to Coveta Fuma last year. It's just outside El Campello with coastal tram links to Alicante and Benidorm. In the middle. Haven't regretted a second of it. We are currently awaiting final residency certification for full health care card. Weather brilliant today. Best of luck but as mentioned, don't fully dally.

Alexandre Geoffrey wrote:

..... Weather brilliant today. Best of luck but as mentioned, don't fully dally.

Not bad here in North Yorkshire today either; 22 degrees outside and not a cloud in sight; probably means we'll have a snow blizzard this evening.