6 months to 3 months for non-residents

Does anyone know the about the non-resident rules on how long you can stay in spain in a year withour getting residency?

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I was under the impression residency requirements had now ceased and it's purely up to you whether you want to apply or not.  As I understand it, from articles in the press, you don't even get a residency card anymore.  The only thing you can't do is take out HP or vote.  Anyone read anything different???

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If you reside in Spain for more than 183 days in any year, you are legally considered resident, and are legally required to register as such. It is true Spain is no longer issuing residency cards to EU Nationals, because some twit it Brussels has said they are not allowed to, but you must still register at the Foreigners Dept or local Police Station, and will be issued with (theoretically at the same time) a certificate  of residency, which has no photo, no finger print, and absolutely no use whatsoever.

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Roberto           We were in Spain in the winter when this statement was in the local  papers the headline was something like  NO RESIDENCE REQ. FOR RESIDENCE IN SPAIN  IF YOU LIVE IN MEMBER STATES  as you say very  confusing unless you read it slowly I agree this new registration system is pretty useless as you will still have to prove that you are a resident of Spain for other reasons,     we also read the Spainish health service are bringing out a new I D card might even need your photo on it a bit more secure than a piece of paper dont you think.     Rosi n

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I had seen in the press, that for non-residents you could only stay 3 months now instead of the 6 months, or 183 days, before you needed residency, thanks if its still 183 days thats great, I must have confussed it with some other law change.

On a lighter note, if you drive in and out of spain by car how do they know you are there for 183 days? or should I not ask that question?

Thanks

jonty

 

 

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It's going to be impossible to police whichever way you enter/leave. Passports aren't stamped like they used to be so unless someone has snitched on you to the relevant authorities & they've decided to look into it, I doubt if anything will become of it.

I HAD heard in another forum that if you needed urgent attention at a casualty dept whilst in Spain they not only ask for your EHIC card but also your flight tickets, ferry tickets or eurotunnel tickets to prove that you have only been in Spain a certain length of time.  

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The following is taken from http://europa.eu/scadplus/leg/en/lvb/l33152.htm

For stays of less than three months, the only requirement on Union citizens is that they possess a valid identity document or passport. The host Member State may require the persons concerned to register their presence in the country within a reasonable and non-discriminatory period of time.

Right of residence for more than six months

The right of residence for more than six months remains subject to certain conditions. Applicants must:

• either be engaged in economic activity (on an employed or self-employed basis);
• or have sufficient resources and sickness insurance to ensure that they do not become a burden on the social services of the host Member State during their stay. The Member States may not specify a minimum amount which they deem sufficient, but they must take account of personal circumstances;
• or be following vocational training as a student;
• or be a family member of a Union citizen who falls into one of the above categories.

Residence permits are abolished for Union citizens. However, Member States may require them to register with the competent authorities within a period of not less than three months as from the date of arrival. Proof of registration will be issued immediately on presentation of:

• an identity card or valid passport;
• a declaration by the citizen that he meets the aforementioned conditions, or any other evidence to be determined by him or her.

I have highlighted in red the relevant bit, which says that member states may require foreign citizens to register. It is my understanding that Spain does require you to do so, as explained here:  http://www.mir.es/SGACAVT/extranje/regimen_comunitario/estancia_residencia.html The relevant bit is this:

RESIDENCIA SUPERIOR A TRES MESES  

• Los ciudadanos de un Estado miembro de la Unión Europea o de otro Estado parte en el Acuerdo sobre el Espacio Económico Europeo tienen derecho a residir en territorio español por un período superior a tres meses. Los interesados estarán obligados a solicitar personalmente ante la Oficina de Extranjeros de la provincia donde pretendan permanecer o fijar su residencia o, en su defecto, ante la Comisaría de Policía correspondiente, su inscripción en el Registro Central de Extranjeros. 
  

I have used different colours to show which bits are mine, and which bits are plagiarised from other websites. I admit it does all leave it a bit ambiguous re: 3 months or 6 months, but the rule for residency for tax purposes at least has always been 183 days, i.e. 6 months. I would say that if you plan on being in Spain more than 6 months, you should register as Resident within 3 months.  Hope this helps and isn't too confusing!

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Many thanks to you all for the help.

 

jonty

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