Question
I am an Irish citizen residing in the US. I married a woman from Nicaragua. We would like to settle in Spain. Can we establish residency in Spain for her as a non-EU member while I continue working in the US for more than 180 days, so I am not a tax resident of Spain for the next two years when I retire?
Answers
These are the answers of Spainguru’s Facebook group members:
Residency and Registration
“As an EU citizen, you can move to Spain, and if you stay more than three months, you need to register as a resident. Your wife can register as a family member of an EU citizen in an appointment straight after yours. Citizens of Nicaragua do not need a visa to enter Spain.”
“It’s possible but tricky. You need to establish and register your legal residence in Spain. Since you won’t be working there, you’ll need to register as self-sufficient with at least €12,000 in the bank and private medical insurance.
You’ll also need a permanent home and registration at the town hall. Then your wife can request her EU family TIE card. This process can take around six months.”
“To avoid being taxed in Spain, you’ll have to spend fewer than 183 days there in a calendar year. Establishing residency while not becoming a tax resident is legally complex and requires meeting specific conditions.”
Tax Residency Considerations
“If your wife is in Spain full-time and you both have a permanent home and resident cards, Hacienda (the Spanish tax authority) may still consider you a tax resident. Regular audits are not uncommon.”
“Simply working 180 days in the US doesn’t prevent you from being considered a tax resident in Spain. You need to read the Spain-USA Dual Tax Agreement carefully to determine your status.”
“Be aware of the ‘Paragraph 7 exemption,’ which could exempt up to €60,100 of income per year if specific conditions are met. Speak to a Spanish accountant to verify if this applies to your case.”
Visa Options and Bureaucratic Tips
“Consider applying for a Class D visa for your non-EU partner, valid for six months. It simplifies opening joint bank accounts and renting property. Apply for residency (not tax residency) by proving you won’t be a burden on the state, where you live (via a ‘padrón’ registration), and with private medical insurance.”
“VFS Global handles family member applications in the US, and they are often prioritized. Ensure you provide all required documentation to avoid rejection.”
“Don’t confuse the Schengen 90-day rule with Spain’s residency laws. Spain counts months, not days, for residency. Staying in Spain for a weekend break won’t reset the residency clock.”
Legal and Financial Considerations
“If your only concern is paying Spanish tax on US income, consider parking your spouse in Ireland temporarily if feasible. Alternatively, consult a Spanish immigration lawyer for detailed guidance.”
“Consider getting legal assistance if tax avoidance is crucial for your situation. The costs of private health insurance, legal support, and residency-related expenses might balance out in the long run.”
Conclusion
According to Spainguru Community members, establishing residency in Spain while avoiding tax residency is possible but legally complicated.
It requires careful planning, understanding Spanish residency rules, and complying with Spain’s immigration and tax laws.
Key steps include registering your residence, applying for an EU family member TIE card for your spouse, and ensuring you don’t exceed the 183-day threshold in Spain.
Consulting tax experts and immigration lawyers is essential to navigate this complex process effectively.
Disclaimer: This article is based on the contributions and experiences of Spainguru community members and is not legal nor tax advice. Consider consulting a legal expert for personalized guidance.
