Residencia - Confused.com!

[tl2222]

Just reading through previous posts. Have been here a year - should I have applied for residencia? If I don't, will I be fined? If it is advisable to apply, how do I go about it??
Thanks.

[SheilaW]

I suppose you aren't worried about getting state health cover, putting kids into school, cheap travel, voting rights etc? I don't know what they'd actually do about you not having it, as they can't kick EU citizens out, though they may be able to fine you for not having the right papers. But things would change drastically if the UK leaves the EU - you would then immediately risk becoming an illegal immigrant.

If you're still using your EHIC etc - i.e. posing as a tourist - then I do think you need to do something as the UK would take a very dim view of that if/when the truth comes out. There's also the tax question but I'm never sure what the answer is. Personally, we like to know we've done everything possible to "do the right thing" and to simplify our lives, so we're registered as resident here for everything. A clean break is so much easier to manage.

[oystercatcher]

My understanding is that there are three separate rules:
If you're here, or intending to be here, for 3 months at one visit then you have to apply for Residencia, even if it's only a visit.
If you're here intending to live here, as opposed to visiting and going 'home' again, then your EHIC is no longer valid
If you're here for 183 or more days in a calendar year you are tax-resident.

It's the facts of your case that make the decision, not you.

[SheilaW]

My understanding is that there are three separate rules:
If you're here, or intending to be here, for 3 months at one visit then you have to apply for Residencia, even if it's only a visit.

I'm not sure that that one is actually practical, though I know that's what it says in all the info. When you register over here as a resident you lose your right to NHS care in the UK. So you'd have to go through the reverse procedure when you went back to the UK, and then again when you came back here, and... I don't know what people do who spend 6 months in each place, but I doubt that they apply for residency each time. I'm pretty sure there's no way you can be officially resident in two EU countries at the same time. But if you aren't using the health systems etc then I'm not sure what stops you being unofficially resident.

However, as I said above, I've always kept my life as simple as possible by moving completely: UK > Holland; Holland > France; France > Spain. That's complicated enough as it is, and I hate to imagine the hassles I'm going to have come 65!