5 years in Spain - residency options? - Page 3

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5 years in Spain - residency options? - Page 3


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  #21 (permalink)  
Old 18th December 2019, 08:47 AM
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Originally Posted by xgarb View Post
Because that's what used to happen according to the lawyer I know here. Maybe they were supposed to check in the past and never did.
If you read my post you will see at the police station I have in mind, they have done so for over 13 years. Maybe your lawyer needs to get up-date

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Old 18th December 2019, 08:50 AM
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Originally Posted by Lynn R View Post
When we changed our residency certificates to permanent ones in late 2014, we took no documents to the Extranjeria with us other than those listed in the Spanish Government official information (completed EX18 form, passport plus copy and Modelo 790 form confirming payment of the tasa), and the original residency certificate. We were not asked for any information at all regarding income or health cover

Residencia de carácter permanente - Ministerio del Interior

As far as I can see from that information, no other supporting documentation is supposed to be required if applying on the basis of having been legally resident in Spain for 5 years or more.
I am not disputing any of the other members' experiences, nor what government websites say. But I am just surprised that when a policeman (in the end those who work at extranjería are policemen / women) ask someone to prove that they are compliant with the law that directly applies to them, some people are surprised, or look for reasons why they should not have to... we chose to come and live in Spain and we are bound by the immigration laws, so I just don't see the issue.
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  #23 (permalink)  
Old 18th December 2019, 09:03 AM
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If you read my post you will see at the police station I have in mind, they have done so for over 13 years. Maybe your lawyer needs to get up-date
Of course.. now they tell people they need to take the extra documents. Before they didn't need to.

As mentioned many times in the past... you have to do what the local office wants.

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  #24 (permalink)  
Old 18th December 2019, 09:27 AM
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Quote:
Originally Posted by Lynn R View Post
When we changed our residency certificates to permanent ones in late 2014, we took no documents to the Extranjeria with us other than those listed in the Spanish Government official information (completed EX18 form, passport plus copy and Modelo 790 form confirming payment of the tasa), and the original residency certificate. We were not asked for any information at all regarding income or health cover

Residencia de carácter permanente - Ministerio del Interior

As far as I can see from that information, no other supporting documentation is supposed to be required if applying on the basis of having been legally resident in Spain for 5 years or more.

As I posted before, even the EU say its entirely up to the Government of any given country to decide what they want and don’t want.

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Originally Posted by Overandout View Post
I am not disputing any of the other members' experiences, nor what government websites say. But I am just surprised that when a policeman (in the end those who work at extranjería are policemen / women) ask someone to prove that they are compliant with the law that directly applies to them, some people are surprised, or look for reasons why they should not have to... we chose to come and live in Spain and we are bound by the immigration laws, so I just don't see the issue.
Agreed

We had to show everything again, and it’s no good quoting one region or a web site, if the office you are dealing with wants more evidence, as in our case, here for five plus years, working, healthcare covered, proof of income and a higher one than five years ago etc you have two choices. Don’t get, it or move somewhere where you think they don’t need it. I suspect we will go through the whole thing again for TIE cards, it is what is is, we live in Spain we can’t pick and chose which bits we are compliant with.

The Spanish government, I thought, said a few months ago that the TIE cards would be issued as per regional needs....or similar?

Our policeman said, that providing we are not waiting years for Brexit and if I apply for a TIE sooner than later my current paper work is okay, if not I start over again

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  #25 (permalink)  
Old 18th December 2019, 09:30 AM
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What are people worried about.? You take along your papers , show that you can support yourself and that should be it. You are not going to be required to meet 3rd country requirements unless you register after Brexit
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Old 18th December 2019, 11:41 AM
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Originally Posted by kaipa View Post
What are people worried about.? You take along your papers , show that you can support yourself and that should be it. You are not going to be required to meet 3rd country requirements unless you register after Brexit
As it looks like we will all regardless of status have to apply for the T.I.E in a time frame to be advised but probable within the next 12 months I think many people are concerned that when applying that they'll have to start afresh and adhere to the current 3rd Country Financial requirements. Which is fair enough but will impact on a great many that cannot meet those much higher figures. As we know individual offices interpret the rules differently and the easy option would be to treat us exactly the same as say a Canadian when applying for the T.I.E. My moto is plan for the worst and hope for the best
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  #27 (permalink)  
Old 18th December 2019, 11:55 AM
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Originally Posted by blondebob View Post
As it looks like we will all regardless of status have to apply for the T.I.E in a time frame to be advised but probable within the next 12 months I think many people are concerned that when applying that they'll have to start afresh and adhere to the current 3rd Country Financial requirements. Which is fair enough but will impact on a great many that cannot meet those much higher figures. As we know individual offices interpret the rules differently and the easy option would be to treat us exactly the same as say a Canadian when applying for the T.I.E. My moto is plan for the worst and hope for the best
Unless something changes, the time to change to a TIE for UK nationals will not be before the end of the transition period. It would seem logical (if that actually exists in Spain) that UK nationals will be called to apply for the new paperwork in an orderly fashion to avoid the system collapsing. Maybe the first will be those with surnames starting with letter `A` then with `B` etc.

As I understand it, those already resident in Spain, especially those who have lived here five or more years, are legally permanent residents under the EU regulations, thus apart from being required to have a TIE (residencia card) which will need renewing every ten years, not much will change.

My reasoning is based on : My wife who is non EU, has permanent residence status in Spain (with a TIE). If we divorce, when I die, etc. her permanent status is not affected.


Last edited by Juan C; 18th December 2019 at 12:00 PM.
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  #28 (permalink)  
Old 18th December 2019, 12:09 PM
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The Spanish Government, in all the guidance documents and the Royal Decree issued regarding what stance Spain will take on issues such as citizens' rights after Brexit, has placed great emphasis on such matters being dependent on reciprocity.

As the UK Government is not making EU citizens already resident in the UK subject to the same income requirements as non EU citizens who need visas when they apply for settled or pre-settled status, how could the Spanish Government impose the higher non-EU income requirements retrospectively on UK citizens who were legally resident in Spain prior to Brexit? That would not constitute reciprocal treatment.
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Old 18th December 2019, 12:19 PM
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You will not need to meet non EU requirements. The Spanish government has already stipulated that those people with residency BEFORE Brexit will have a right to remain. If you were expected to meet non EU requirements there would be no need for both Spanish Government or UK gov to issue advice regarding being legally resident before the UK leaves.

The Spanish Government has already published information pertaining to the rights of residents in the advent of a no deal and whilst it does not specify what papers will be required it is clear that those people with 5 years will be subject to a simple automatic process. Those with less will need to show they do not pose a burden to the state as exists for all EU citizens.

So can I propose that we close this thread as we are just getting back to same old situation where we all have different ideas ( alot of people seem to have local policemen as friends !) and just wait to information is official or else we are stuck in another few months or a year of bloody Brexit

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Old 18th December 2019, 12:58 PM
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Quote:
Originally Posted by Lynn R View Post
When we changed our residency certificates to permanent ones in late 2014, we took no documents to the Extranjeria with us other than those listed in the Spanish Government official information (completed EX18 form, passport plus copy and Modelo 790 form confirming payment of the tasa), and the original residency certificate. We were not asked for any information at all regarding income or health cover

Residencia de carácter permanente - Ministerio del Interior

As far as I can see from that information, no other supporting documentation is supposed to be required if applying on the basis of having been legally resident in Spain for 5 years or more.
My wife and I had the same experience at Alcoy police station in 2018. We presented only the completed EX18 form, passport, Modelo 790 form confirming payment of the tasa and the original residency certificate. Interestingly, the lady who handled our applications appeared to be a senior member of staff as she was training a young chap while processing our paperwork and she was interrupted twice by other members of staff seeking advice. She told us that we didn't really need to apply for permanent residence as this was automatic after living continuously in Spain for more than five years but when we explained that we were worried about the implications of Brexit she smiled and happily gave us the new small green cards confirming that we were permanent residents.
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