Spanish registered motorhome stuck in UK

[Bowie]

Hi We own a new Spanish registered motorhome and are UK citizens. In Aug 2020 we had to return to the UK to care for our elderly mother after an accident and now find ourselves stuck here due to the current restrictions.
Various calls to the Police, HMRC and DVLA are not establishing any solid answers other than importing the vehicle.
It is our intention to return to |Europe as soon as permitted as well as after the first Vaccine jab.
The police have confirmed in writing that we are ok for 6 months but not after that if stopped which would only be on the way to the port.
Does anyone have any guidance on this matter please.
Thanks Chris

 

[Minxy]

If you aren't recognised as being resident in Spain how were you able to register the MH in your name? Also if you are still classed as a UK resident I think you may be illegal here in a Spanish registered vehicle .... sorry.

 

[lunarman]

Just to compound your problems, if you are classified as a uk resident by the EU when you present yourself at the border for re-entry won't you be subject to the 90/180 rule so your europe travel may be curtailed and you would have to return to the UK.

 

[Bowie]

I found the UK govt and consulate in Spain really helpful and up to date in my opinion. I think like most you've been slow to realise the impact for home owners in Europe,those that took the advice regarding residency are now enjoying a life in the sun !

Thanks will try that.
As for the secondary remarks. We made the decision not to commit to residency as we plan to travel extensively having taken early retirement. We decided not to commit to residency due to the fact that we may decide to relocate somewhere else in Europe. If we had obtained residency we would have to spend at least 6 months per year in the country which would not work in the near future. Thanks again for the input. Will update as we go in case others have the same problem.

 

[Jenka]

You still wont enable to travel Europe any more than currently .

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[gus-lopez]

you aren't recognised as being resident in Spain how were you able to register the MH in your name?

As I Posted before the same way that a holiday home owner can buy without being resident.
Same as I Can buy in the uk without being resident.

If we had obtained residency we would have to spend at least 6 months per year in the country which would not work in the near future.

You were misinformed. If you had registered as a resident before end of transition period you could be out of the country for up to 2 years without losing your residence.
You only had to return for 1 day to restart the clock.

Now the uk is out ,under the WA (withdrawal agreement) you can be out for up to 5 years without Losi ng it. U.nder the original EU directives there was never any requirement to remain in any state Where residency was obtained, for 6 months each year.

 

[Minxy]

As I Posted before the same way that a holiday home owner can buy without being resident.
Same as I Can buy in the uk without being resident.

The OP didn't say if they 'own' any property, of any sort, in Spain though, so I assume they are just living in their MH in which case how would they register without an address unless of course they used a campsite address?

If you buy a car in the UK to use in the UK you'd still need to have a residential address wouldn't you? Its not something I've looked into as never needed to.

 

[bobandjanie]

Driving your Spanish car in the UK – Spence Clarke

The UK police may confiscate a non UK registered vehicle driven by a UK resident. This is a trap that could catch people trying to get back to the UK to avoid t

www.spenceclarke.com

You need lots of money in the bank now to become residents, I think you probably have to take a driving test in Spain, not being able to get your residency sorted before the deadline has not done you any favours.
If you read the link your illegal in the UK with your Spanish vehicle, probably better to register it in the UK having owned it over 6 months and over 6000km should be in your favour. Bob.

 

[bigtree]

If you aren't recognised as being resident in Spain how were you able to register the MH in your name? Also if you are still classed as a UK resident I think you may be illegal here in a Spanish registered vehicle .... sorry.

So , does that mean I’am correct.

 

[pappajohn]

My twopenneth......
If a trip to a garage for an MOT or to a supermarket for food is an essential journey then A trip to a port to catch a pre-booked ferry is also an essential journey.

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[pappajohn]

If you buy a car in the UK to use in the UK you'd still need to have a residential address wouldn't you?

Not necessarily..... What about our travelling tarmacing friends.... They don't have a permenant residence.

 

[Onemanandhisdog]

Not necessarily..... What about our travelling tarmacing friends.... They don't have a permenant residence.

Yes they do, several hundred of them at the same address, with a distant non travelling relative doing the admin, and as most have the same surnames, it's quite a task!!

 

[gus-lopez]

The OP didn't say if they 'own' any property, of any sort, in Spain though, so I assume they are just living in their MH in which case how would they register without an address unless of course they used a campsite address?

depends. Some dealers won't touch you with a barge pole & insist on a padron
( electoral roll shows where you live only for residents legally) others will just sell it to you . I've bought new with no padron & 2 or 3 second hand both with & without padron.

If dealer wants to sell it he will register it anywhere as the paperwork is all done in person so nothing is posted for you except fines etc.

If you buy a car in the UK to use in the UK you'd still need to have a residential address wouldn't you? Its not something I've looked into as never needed to.

Yes but you can use anyone who doesn't mind.

So , does that mean I’am correct.

yes

 

[Minxy]

So , does that mean I’am correct.

Yup (I had to go back and read your post to double check what you'd said! ).

We don't know for sure what the living situation is in Spain as Bowie hasn't told us specifically, so we're still 'guessing' to some extent.

 

[Minxy]

My twopenneth......
If a trip to a garage for an MOT or to a supermarket for food is an essential journey then A trip to a port to catch a pre-booked ferry is also an essential journey.

Only if that's to return to a 'home' in Spain, the border officials could still turn them around if they can't prove this.

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[bobandjanie]

Yup (I had to go back and read your post to double check what you'd said! ).

We don't know for sure what the living situation is in Spain as Bowie hasn't told us specifically, so we're still 'guessing' to some extent.

They said they decided not to take up residency, if they do own property there it's a holiday home but sounds to me like not, and completely illegal and trying to find a loophole. Bob.

As they mentioned on this post. #33

 

[Minxy]

They said they decided not to take up residency, if they do own property there it's a holiday home but sounds to me like not, and completely illegal and trying to find a loophole. Bob.

As they mentioned on this post. #33
View attachment 462926

Yes I read that but as Gus has pointed out many times on other threads there re different 'types' of residency so if they mean they haven't got ANY of the residency permissions at all then they won't be allowed back to Spain at all. I think the only option is to re-register it here to stay legal. This means looking at what insurance they have as currently they 'may' not be insured due to their situation.

 

[bobandjanie]

The motorhome might be legal in Spain depending how it was purchased, we purchased our van in Germany like many and registered in Spain.
Some don't really tell the truth or they don't ask direct questions, only those are answered when stopped by the police, without having residency they will get a stamp passport, and they are taking more interest in who's who and certainly vehicles are being given the once over, they are having a clean up, Brexit has made this easier for them. Bob.

 

[Borsuk]

There is no legal requirement to be a Spanish resident to own a motor vehicle, you do have to have an NIE number but that is not the same as residencia. I have a house, car, motorbike and 2 quads all registered in my name and I am not resident and this was made clear to the gestors at the times of purchase. I also have a motorbike registered to me in the UK and I am not resident there either. The insurance companies for all the vehicles are aware I am not resident and have no problems with the situation.
It is the same as an Australian buying a van in the UK, touring for a year and selling it on.
If the OP's are the same as me then currently they cannot enter Spain and that will not be changing before March the 2nd.

 

[Rds559]

Thankyou. We have not got residency in Spain although this could be a future plan. At present the plan is to tour Europe as soon as permitted and safe re Covid. Everything on Government websites in UK is conflicting or terribly out of date. Don't expect to get stopped but don't want vehicle impounded which I have seen mentioned in posts.

Do you want to swop Spanish van for a UK plated van

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[Midnightflyer]

Is it not against the law for a UK citizen to drive a foreign registered vehicle in Britain?

May I respectfully disagree, for when I purchased a M/H from France in 2014 which was later to be registered in the UK I was informed by the DVLA that as a UK resident I could not drive this vehicle other than on 'Trade Plates' from the port to my home, or have it transported for me. After completing the modifications to meet UK regulations, headlamp change, speedo card and rear fog lamp, I was taking it to a MOT station to have these alterations checked when I was stopped by a Police Traffic Officer. He asked where I was going with a French registered vehicle and when I explained he allowed me to continue and then return home to await the UK registration number from the DVLA. He said this was an allowable journey but no further until it was UK registered. I presume these rules still apply!

 

[TonyEmm]

Hi We own a new Spanish registered motorhome and are UK citizens. In Aug 2020 we had to return to the UK to care for our elderly mother after an accident and now find ourselves stuck here due to the current restrictions.
Various calls to the Police, HMRC and DVLA are not establishing any solid answers other than importing the vehicle.
It is our intention to return to |Europe as soon as permitted as well as after the first Vaccine jab.
The police have confirmed in writing that we are ok for 6 months but not after that if stopped which would only be on the way to the port.
Does anyone have any guidance on this matter please.
Thanks Chris

Presumably, your Spanish registered motorhome is now in the U.K.? You can drive or keep a foreign registered vehicle in the UK for up to 6 months. Beyond that, it should be ‘imported’ and re-registered.

Importing vehicles into the UK

Importing vehicles into the UK - register imported vehicles, GB conversion IVA scheme, type approval, vehicle excise duty and VAT

www.gov.uk

 

[Mike Warland]

Hi We own a new Spanish registered motorhome and are UK citizens. In Aug 2020 we had to return to the UK to care for our elderly mother after an accident and now find ourselves stuck here due to the current restrictions.
Various calls to the Police, HMRC and DVLA are not establishing any solid answers other than importing the vehicle.
It is our intention to return to |Europe as soon as permitted as well as after the first Vaccine jab.
The police have confirmed in writing that we are ok for 6 months but not after that if stopped which would only be on the way to the port.
Does anyone have any guidance on this matter please.
Thanks Chris

The Polish people living a few doors from my mother in law have been driving there two cars on Polish plates for at least 3 years.

 

[TonyEmm]

May I respectfully disagree, for when I purchased a M/H from France in 2014 which was later to be registered in the UK I was informed by the DVLA that as a UK resident I could not drive this vehicle other than on 'Trade Plates' from the port to my home, or have it transported for me. After completing the modifications to meet UK regulations, headlamp change, speedo card and rear fog lamp, I was taking it to a MOT station to have these alterations checked when I was stopped by a Police Traffic Officer. He asked where I was going with a French registered vehicle and when I explained he allowed me to continue and then return home to await the UK registration number from the DVLA. He said this was an allowable journey but no further until it was UK registered. I presume these rules still apply!

I had a similar issue when I imported an Aprilia Scarabeo scooter from France. My son had previously bought it (new), in the U.K. and it was registered here. As he lives in France, he exported it and registered it there.
I later brought it back to the U.K. and had to bring it on a trailer. It wasn’t allowed on U.K. roads until re-registered, mot’d, taxed and insured. When re-registered, it was back on it’s original U.K. number plate but it took around three months to sort it all!

 

[Otter Spotter]

The Polish people living a few doors from my mother in law have been driving there two cars on Polish plates for at least 3 years.

That is illegal

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[Minxy]

The Polish people living a few doors from my mother in law have been driving there two cars on Polish plates for at least 3 years.

That is illegal

More than likely illegal for more than just the registration, no tax, no MOT, no insurance. I'd certainly consider shopping them in ... regardless of their being Polish vehicles (and likely Polish owners), if it was a UK born and bred person I doubt we'd think twice about reporting them.

 

[TonyEmm]

That is illegal

Dob ‘em in!

 

[bigtree]

The Polish people living a few doors from my mother in law have been driving there two cars on Polish plates for at least 3 years.

Dob them in.

 

[Rds559]

Presumably, your Spanish registered motorhome is now in the U.K.? You can drive or keep a foreign registered vehicle in the UK for up to 6 months. Beyond that, it should be ‘imported’ and re-registered.

Importing vehicles into the UK

Importing vehicles into the UK - register imported vehicles, GB conversion IVA scheme, type approval, vehicle excise duty and VAT

www.gov.uk

I’ll swop my UK registered motorhome for your Spanish registered

 

[EdwardFT]

And presumably have a driving licence issued by that country.

I presume that you are just presuming there.
For example when I first moved to France, I was (and am) a UK citizen. I was still driving perfectly legally on a UK licence. I bought a car in France and registered it there. Then on a summer holiday I drove back to visit family in the UK. Are you seriously saying that's not allowed?

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[2657]

I presume that you are just presuming there.
For example when I first moved to France, I was (and am) a UK citizen. I was still driving perfectly legally on a UK licence. I bought a car in France and registered it there. Then on a summer holiday I drove back to visit family in the UK. Are you seriously saying that's not allowed?

In Portugal and I assume in other EU countries it is necessary to change your driving licence to the country that you have residence in, regardless of Nationality.

If you have not taken up French residency then that does not apply but there may be other rules regarding taking up residency and length of stay.