Can our car be legal in two countries at the same time?

[scampicat]

We've been living in Spain full-time since 2004 and have a British car that has now been legally matriculated and has Spanish plates.

From 2010, we intend to spend around 6 months here and six months in the UK. I've rung the DVLA and they have told me that, even being resident in the UK (which we will be if we stay six months), as long as our car isn't in the UK for more than six months in any one year, it can remain on Spanish plates and be legal in the UK.

Now, Spain's rules say that if I'm in Spain longer than three months I am a resident and must have a Spanish-registered car.

Does this mean that we can be resident in both countries, and keep our car on Spanish plates quite legally?

Seems a bit odd to me, but that's what the respective country's rules seem to mean!

[George in Spain]

Now, Spain's rules say that if I'm in Spain longer than three months I am a resident and must have a Spanish-registered car.

It is the same in Spain as it is in the UK i.e. six months and not three so you are okay providing your car is legal in the country of registration.

[Don]

For the purposes of HMRC in the UK they do not count the day of arrival nor the day of departure as being "in the country". When I frequently went back and forth therefore, there were something like 100 days a year on which I was "nowhere". Applying the 183 day rule therefore it could be the case that you are formally resident in neither country. As far as I am aware, within the EU a car must be fully legal in one country to be legal throughout the EU. That means taxed, MoT or equivalent and insured.

[scampicat]

Thanks for your reply, I am not talking about tax residency (which is six months in both countries) but physical presence which I believe Spain says makes you resident after three months.