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Far be it from me to tell the gentleman how to do his job  but I think anyone only staying here for 91 or more consecutive days in their holiday home ought to consider very carefully indeed before getting themselves on the foreigners' register. The implication of that is that you're physically resident here - Spain is your home for things like healthcare. You'll be struck off the NHS list and won't be able to get free healthcare in the UK (unless you're a state pensioner). You'll also lose any non-exportable benefits. While we're in the EU there's only the possibility of a fine if you "overstay your welcome" and I personally have never heard of it being levied. It may be different post-Brexit as deportation could be used as revenge if the divorce ends badly  .
As said, fiscal (tax) residency is another matter. That kicks in automatically at 183 days in any Calendar year (consecutive or not, counted at midnight) unless you can prove that there are reasons why it shouldn't. Being registered on the padron (as sort of census) doesn't matter greatly one way or the other if you don't really live here, although it can be useful to have. You aren't really entitled to it unless you're resident but many town halls will register you as they get funding from Madrid based on numbers.
As well as checking out the specific link given for healthcare, I'd advise anyone with doubts to check out the CAB in Spain website and FB forum: https://www.citizensadvice.org.es/ ; https://www.facebook.com/groups/citizensinspain/
Were people just there to listen and be polite, Tamara, or were some of them feeling like me - extremely impolite?
3 users say Thank You to SheilaW for this post
Hi Sheila et al
A few of the people asking questions were a bit 'bolshie'! One guy in particular who it seemed had lived and worked here, legally, for many years.
I think most, like me, felt it was pretty futile asking Qs when all the answers were 'nothing is set in stone yet' or similar.
The ambassador did state that the 90 days in a year wasn't just counted consecutively but accumulatively throughout the year. So, 7 x 2 week holidays count! He also implied that it didn't have to be in your own property so presumably anywhere that you rent/stay.
Re the healthcare issue for registering, he also implied (a lot of that going on) that the healthcare team had ways around the S1 for people who were 'Swallows'.
However, it is far from me to advise people to register or not, all I'm doing is passing along the official advice from the evening. I have no knowledge of the ins and outs of the healthcare proviso or the benefits system.
3 users say Thank You to TamaraEnLaPlaya for this post
Tamara & Sheila thanks for the updates and thoughts in the last 2 posts.
When I rang Newcastle to enquire about and apply for S1's the very helpful lady told me that once they were registered in Spain / Canary Islands I would be taken of the NHS register but if I needed healthcare when in the UK I could use the NHS as a visitor. We received our S1's here in Caleta within 10 days but haven't registered them yet, another decision that needs to be made.
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(03-12-2018, 10:16 AM)Sam Wrote: (01-12-2018, 05:27 AM)windermeregolfer Wrote: ...I would be taken of the NHS register but if I needed healthcare when in the UK I could use the NHS as a visitor...
What's the difference? Will you be able to stay registered with your GP in the UK or be allowed to use A&E only? Would you also need a travel insurance for the trips to the UK too?
They way understood what I was told is I could use the GP for emergencies as an overseas visitor and it would be part of the agreement with Spain, so wouldn't need to claim on Travel Insurance.
1 user says Thank You to windermeregolfer for this post
If you are of an age to qualify for the S1 then I don’t think you have much of a choice do you, depends on your financial situation I suppose.
1 - Staying on the island without using/registering S1 means having private health cover &/but able to stay registered for NHS in the U.K. when you need it.
2 - Register the S1 & be removed from NHS & use as a visitor but wouldn’t need private health cover in U.K.
You would need to work out which country you were going to spend most time in & what the costs of private cover were against cover as a “visitor” to the U.K.
On another hand though, I cannot see why one should be removed from the NHS if still registered as a Tax resident in the U.K. regardless of “residence” in another country. If you pay U.K. taxes surely you are actually paying fro the said NHS !!!
4 users say Thank You to Spitfire58 for this post
Sam and Ron thanks for your thoughts, we will have to look at this very carefully.
1 user says Thank You to windermeregolfer for this post
1. When you claim Spanish Healthcare using the S1 system the UK pays Spain an amount per head per annum for this, so you are getting what you pay your taxes for. Likewise Spain pays the UK for Spanish people living in the UK.
2. If you get your S1, as a UK pensioner, they also issue you with a EHIC card to use when you are anywhere in Europe (except Spain), including UK, ie away from your home in Spain.
3. When you activate your S1 you are automatically removed from your previous GP's register in the UK. You would have to attend an A & E, Emergency clinic etc or hope that you can get a visitor's appointment with a GP within the timescale you are in the UK, but your previous health records may no longer be available (I'm not sure on that one, just mulling it over.).
4. Do contact the Overseas Healthcare Team to discuss your options if you are not going to be living here full time - the ambassador definitely gave the impression there was an alternative to the finality of the S1 for 'Swallows'.
Hope some of this helps!
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It’s obviously up to individuals to decide, but who and how would authorities know if you spend more than 90 days in Fuerte during a year?
Same for the so called property tax, never paid it in 13 years, never had any problems, banks, utilities and council know we are not resident, but no enforcement.
Our travel insurance covers unlimited trips up to 90 consecutive days, so if any major problem we are covered.
We have used the private medical system to see a doctor in Fuerte, €30 a visit, so not exorbitant.
Personally,as all our Money is in the UK, will continue with this arrangement until things change, if at all, after Brexit or no Brexit.
1 user says Thank You to MB30 for this post
Regarding Residencia. What do the "snowbirds" do when they come for a six month winter break but are UK residents? I am seriously confused about all the talk about 90 days or 183 days etc.
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06-12-2018, 11:28 AM
(This post was last modified: 06-12-2018, 11:29 AM by Spitfire58.)
I agree, I think it is all still rather confusing. Our intention in a few years is to spend 4 to 5 months (over the winter) on the island. Roughly mid October to mid March. That gives roughly 75 days either side of the New Year but when you look at the Calendar year then we would have Jan to mid March and then mid October to end of year. That is 75 days(ish) per stay but adds up to 150 days in total over the year so “technically” we should be registered. However, our main residence will still be in Scotland & any taxes due will be paid in U.K. To all intents & purposes we will be just on an extended holiday, we will pay everything we are due to pay while on the island, IBI, water, electricity, non resident tax etc (which we do anyway wherever we are) & will make no demands on Spanish resources & will actually bring additional Money into the economy
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