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residencia

Re: residencia

Postby A.N.Other » Sun Mar 24, 2019 7:27 am

marcliff wrote:If you only holiday here then there is no reason to seek residency in Spain.


Ditto an NIE number !

Out of curiosity do you now live in Spain and if so since when ?
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Re: residencia

Postby Paulr » Sun Mar 24, 2019 4:06 pm

marcliff wrote:The TIE is a Tarjeta de Identificacion Extranjera, a foreigner's ID card.
This is the identity card that non-EU citizens have to have. The residency we currently hold is a foreign EU citizen resident in Spain and we won't be after the transition period.


We will then have to go through the same procedures as someone from outside the EU and the Spanish government has already said that, for those who hold residency before the Brexit date (whenever that is) will be virtually automatically transferred across to the new register.


I understood that the automatic transfer only applies to those people who have attained 5 years' settled status, i.e. Residencia Permanente. Please could you point me to where it says that this also applies to those of us who haven't achieved settled status? That would be a great relief.

Thanks.
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Re: residencia

Postby marcliff » Sun Mar 24, 2019 5:45 pm

There is a link below to the new law in Spain regarding us if there is no deal and we leave the EU.
It is in Spanish but, if you open it in Google or have the Edge app then it will translate it to English.
I have translated a couple of relevant passages and it states provided you are legally resident in Spain before Brexit day.

Until the end of 2020, they will maintain their legal residence as they have been up until now, as EU residents provided that such permission had been issued before the 'Brexit', but before the end of that year 2020 they must request their Foreigner Identity Card.

On Healthcare:

In relation to access to healthcare, Spain will continue to provide nationals of the United Kingdom with healthcare in the national territory on the same terms and with the same conditions established prior to the withdrawal from the United Kingdom, provided that the United Kingdom:

- Guarantee these same conditions to those people who have the right to receive healthcare in the United Kingdom from Spain, reciprocity that will be subject to verification 2 months after the entry into force of the Royal Decree-Law.

- Ensure the reimbursement of expenses for health care provided in Spain by health services in the same terms as at present.

Likewise, in order to ensure the correct provision of health care, the health cards issued in favor of the United Kingdom nationals will remain in force, and for the temporary displacements and programmed treatments the document accrediting the health coverage in charge will be valid. of the British entities


And on Driving Licences:
On driving licenses issued in the United Kingdom, Spain will recognize them for a period of nine months. In that period, the British can exchange it for another Spanish permit. After this period, the regulations for licenses issued by third countries will be applied.

The whole article is here

Royal Decree Published

And finally, the actual government site is linked below.

The Moncloa

Read into it what you will but several sites merely state those who are legally resident before Brexit day will be transferred to the new register but have to apply for a TIE before the end of 2020.
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Re: residencia

Postby marcliff » Mon Mar 25, 2019 11:49 am

I realise the above doesn't actually qualify if only residency or permanent residency will count.
Here is the translated part of the act:

Residence and work of nationals of the United Kingdom residing in Spain and of their family members (Article 3 RD Law 5/2019)


• Members of the family are those provided in article 2 of Royal Decree 240/2007, of February 16 (SP / LEG / 3279).
• Accreditation of the residence in Spain before the withdrawal date:
Certificate of registration obtained prior to the date of withdrawal (article 7.5 RD 240/2007).
By any other means of proof admitted in law, in case you have not obtained such certificate of registration before the date of withdrawal.
• Accreditation of the residence in Spain of third-country nationals who meet the status of relatives of a national of the United Kingdom residing in Spain:
Card of family of citizen of the Union obtained before the date of withdrawal (article 8 RD 240/2007).
By any other means of proof admitted in law, in case you have not obtained such card before the date of withdrawal.


The bits in bold merely state if you obtained residency before the date of withdrawal.
Of course, those who have been here more than five years may find it easier to just change over to the new register whilst those under five years may have to submit further proof,
I hate the saying but, in this case it probably applies, it is Spain after all.
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Re: residencia

Postby Pete31 » Mon Mar 25, 2019 1:52 pm

Ho well looks like I better try find a buyer for my Spanish home, looks like a no deal Brexit and my residency application along with many others are now on hold.

been here for 16 years with my place never took up residency as we were not retired at the time and did not come over all the time.

Back to the wet and cold.
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Re: residencia

Postby Shiva » Mon Mar 25, 2019 2:04 pm

Pete31 wrote:Ho well looks like I better try find a buyer for my Spanish home, looks like a no deal Brexit and my residency application along with many others are now on hold.

been here for 16 years with my place never took up residency as we were not retired at the time and did not come over all the time.

Back to the wet and cold.



Don't despair just yet. Still nobody knows what can happen... The current government is being shown up for the farce it is and maybe the MPs will get some backbone and push through a rethink.
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Re: residencia

Postby marcliff » Mon Mar 25, 2019 2:20 pm

Pete31 wrote:Ho well looks like I better try find a buyer for my Spanish home, looks like a no deal Brexit and my residency application along with many others are now on hold.

been here for 16 years with my place never took up residency as we were not retired at the time and did not come over all the time.


Back to the wet and cold.



Can't really see how you come to that conclusion. It does say By any other means of proof admitted in law, in case you have not obtained such card before the date of withdrawal.

You could read that as by owning property here and you may be able to apply for the TIE on the basis of that especially if you have a bank account here.

We will, I am sure, find out in the next few weeks.
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Re: residencia

Postby AndyC » Tue Mar 26, 2019 9:04 pm

Hi all,
Reading the above it looks like we'll all require the I.D. card we had until about 14 years ago. If my memory serves me right we had these withdrawn because the UK complained about the data held on them.
I'm a bit disappointed with the E.U.in this matter. I think they could have been more positive in their protection of UK citizens living in the E.U.by declaring that if we had Residency and had submitted our annual Tax Returns we would now be considered E.U. citizens and our lives would continue as they were with all medical expenses etc. being paid by the E.U. I've read there are roughly 500,000 of us, not a lot when you consider the population of the 27 remaining Nations.
We could also have E.U. Passports.
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Re: residencia

Postby Shiva » Tue Mar 26, 2019 9:15 pm

And the UK could be a lot fairer to EU citizens in the UK and not be requiring 90 year olds who have lived, worked, paid taxes and raised families in the UK for most of their lives to have to apply for the right to continue living in the country that is their home.
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Re: residencia

Postby marcliff » Tue Mar 26, 2019 10:11 pm

AndyC.

1. The EU does not lay down citizenship rules to non-EU persons. It has requested that all member states look favourably on UK citizens already resident in their country and make the transition for them as soon as possible. It has even asked member nations to submit what plans they have made to preserve UK citizens rights after Brexit.
2. The EU does not pay for anyone's health care.
3. There is no such thing as an EU passport (or an EU citizen come to that).

And ISTR the ID cards were withdrawn because a pressure group objected to the fact that we don't have ID cards in UK so we shouldn't need them anywhere else (hence the reason we should, officially, carry our passports everywhere) and this was upheld by the ECJ. If the objection was because of the data held then the Spanish shouldn't have to have them either.
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