Residency / Permanent Residency

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Residency / Permanent Residency


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Old 25th June 2016, 08:21 AM
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Default Residency / Permanent Residency

We were always thinking about applying for permanent residency but in light of Brexit we would like to do it sooner rather than later.
Originally we thought that the criteria included the need to have lived in Spain as a temporary resident for 5 years, however having Googled for more information it seems that we can apply now if we are in the receipt of a retirement pension.
Has anyone any first hand knowledge of applying for permanent residency who can throw some more light on the subject please?

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Old 25th June 2016, 08:48 AM
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Quote:
Originally Posted by stevesainty View Post
We were always thinking about applying for permanent residency but in light of Brexit we would like to do it sooner rather than later.
Originally we thought that the criteria included the need to have lived in Spain as a temporary resident for 5 years, however having Googled for more information it seems that we can apply now if we are in the receipt of a retirement pension.
Has anyone any first hand knowledge of applying for permanent residency who can throw some more light on the subject please?
You don't have to apply - it's an automatic right once you fulfil the requirements. Once you fulfil the requirements, you can should you chose to, get a permanent resident card, but it's optional

Where did you read that being in receipt of a pension means that you can apply sooner? I don't see that in the govt guidelines

Residencia de carácter permanente - Ministerio del Interior

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Old 25th June 2016, 09:00 AM
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Where did you read that being in receipt of a pension means that you can apply sooner? I don't see that in the govt guidelines
Criteria 2 in this article

https://translate.google.es/translat...ana.htm&anno=2

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Old 25th June 2016, 09:26 AM
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Quote:
Originally Posted by stevesainty View Post
The govt guidelines don't say that though, & I suspect they will follow their guidelines rather than an article on an unofficial website

The only mention of pensioners/retirees that I can find in the guidelines on the govt site is this


Quote:
El trabajador por cuenta propia o ajena que, en el momento en que cese su actividad, haya alcanzado la edad prevista en la legislación española para acceder a la jubilación con derecho a pensión, cuando haya ejercido su actividad en España durante al menos los últimos doce meses y haya residido en España de forma continuada más de tres años.
translated
Quote:
The employed or self employed persons who, at the time they stop working, have reached retirement age according to Spanish legislation with pension rights and has carried on his activity in Spain for at least the last twelve months and has resided continuously in Spain more than three years.

and this
Quote:
El trabajador por cuenta ajena que acceda a la jubilación anticipada, cuando haya ejercido su actividad en España durante al menos los últimos doce meses y haya residido en España de forma continuada más de tres años.
translated
Quote:
The self employed worker taking early retirement, who has worked in Spain for at least the previous twelve months and has resided continuously in Spain for more than three years.

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Last edited by xabiaxica; 25th June 2016 at 09:31 AM.
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Old 25th June 2016, 12:46 PM
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https://www.boe.es/buscar/act.php?id=BOE-A-2011-7703

I believe that Article 148 3a is the basis for the wording in the article but maybe this is only a Spanish pension and not a UK pension.

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Old 25th June 2016, 02:54 PM
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Quote:
Originally Posted by stevesainty View Post
https://www.boe.es/buscar/act.php?id=BOE-A-2011-7703

I believe that Article 148 3a is the basis for the wording in the article but maybe this is only a Spanish pension and not a UK pension.
I would translate
Quote:
incluida dentro de la acción protectora del sistema español de la Seguridad Social.
as
Quote:
included / falling within the protective action of the Spanish Social Security system
so yes, a Spanish pension

perhaps other Spanish speakers will give their opinion?

either way though, if you're entitled, you're simply entitled - you don't have to get a card to prove it

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Old 27th June 2016, 07:33 AM
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Can anyone tell me what the benefit of having this permanent residency actually is? Thank you.

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Old 27th June 2016, 10:21 AM
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does this also not only apply to EU citizens of which we apparently will not be?

Son titulares del derecho a residir con carácter permanente los ciudadanos de un Estado miembro de la Unión Europea o de un Estado parte en el Acuerdo sobre el Espacio Económico Europeo, y los miembros de la familia que no sean nacionales de uno de dichos Estados, que hayan residido legalmente en España durante un período continuado de cinco años

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Old 27th June 2016, 11:19 AM
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Also, do we actually have to obtain the piece of paper to upgrade our status? I'm wondering if just having a +5 year old green sheet is enough.

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Old 27th June 2016, 11:31 AM
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Also, do we actually have to obtain the piece of paper to upgrade our status? I'm wondering if just having a +5 year old green sheet is enough.
See post #2

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