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Permanent residency in Spain based on previous right of permanent residence in another state.

Posted: Sun Aug 25, 2019 11:39pm
10 replies147 views3 members subscribed
Movingon

Movingon

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Came across the subject in the title on another forum which suggests that it may be possible to exchange the right of permanent residency in one EU state for the same in Spain via a form here

My Spanish is not yet up to reading such a document and translations are only of limited and dubious accuracy so I wonder if anybody else has any information on this or at least can faithfully read the document and advise if it does mean what it's claimed to.

From the other forum on the face of it the principal difference would seems to be that the Spanish Residencia de larga duración-UE is awarded to NON EU citizens, a status which of course will apply to British citizens following a no deal Brexit, so it would seem perverse in the extreme to discriminate against and deny a former EU citizen forcibly stripped of that status by the madness of Brexit.

For background before coming to Spain we lived in France for 11 years and although at the time we'd already pretty much made the decision to relocate we nevertheless in 2017 obtained permanent residency via a Titre de Sejour (residence permit) which states on it's face "Sejour (literally 'stay') Permanent" and bears no date of expiry.

We obtained our Spanish residencias last year so have some way to go for permanent residency so the exchange suggested could be of significant benefit, especially if it endows freedom of movement.

I will certainly be looking further into this.


jimtaylor

Posted: Mon Aug 26, 2019 4:57am

jimtaylor

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Posted: Mon Aug 26, 2019 4:57am

I've picked out the relevant bits from Real Decreto 557 - 2011, assuming you're retired here, and just done (and tweaked) a Deepl translation.

CAPÍTULO III

Mobility of long-term resident - EU in another Member State

Article 155. Long-term residence in Spain of the long-term EU resident in another Member State of the European Union.

1. Any foreigner holding an EU long-term residence permit granted by another Member State of the European Union may apply to reside in Spain, without the need to obtain a visa.

2. The application may be submitted at any time prior to entry into Spanish territory and at the latest within three months of such entry.

3. The application shall be accompanied by:

a) Proof of long-term resident status - EU in another Member State of the European Union.

b) A copy of the foreigner's full passport or valid travel document.

c) Proof of payment of the fee for processing the procedure.

d) Documentation accrediting compliance with the following requirements, depending on the motivation of the request:

1.º If the motivation is to reside in Spain without carrying out lucrative activities: documentation regarding economic means and accommodation, required to reside in Spain without carrying out lucrative activities.

The aforementioned documentation must accredit the fulfilment of said requirements in the terms established in the articles of this Regulation in the matter of residence or residence and work authorisation, depending on the reason for the application.

7. The foreigner must personally apply for the TIE at the corresponding Aliens Office or Police Station within one month of the authorization becoming valid. The TIE must be renewed every five years.

Clause 2 implies you may be too late to do it.

Clause 3d1 doesn't define what proof is required.


Movingon

Posted: Mon Aug 26, 2019 6:41am

Movingon

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Posted: Mon Aug 26, 2019 6:41am

Thanks for that Jim, I might have guessed it would be you who jumped in first. I agree clause 2 would seem to kick the idea into touch. 

Ever the optimist though I'm thinking that when drafting that scheme for non EU immigrants nobody could have possibly predicted or envisaged anything as extraordinary or bizarre as Brexit, or therefore the potentially calamitous fallout it might create for the disenfranchised, so in a post no deal Brexit TIE environment I suppose there could be at least a glimmer of a chance that in the few instances in which these particular circumstances might arise a special case could be made so come the time I'll probably make further more offical enquiries. 

Glad to see you're using DeepL BTW, I've been using it and singing it's praises ever discovering it a couple of years ago.

Highlander

Posted: Mon Aug 26, 2019 4:20pm

Posts: 23

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Joined: 11 Nov 2018

Posted: Mon Aug 26, 2019 4:20pm

Hi there

We are permanent residents in Cyprus and have our permanent residency certificates. Does this mean that we can use the form as suggested to obtain Spanish residency either before or after Brexit. i.e. "exchange the right of permanent residency in one EU state for the same in Spain via a form here"

Thanks for any clarification

jimtaylor

Posted: Mon Aug 26, 2019 4:30pm

jimtaylor

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Posted: Mon Aug 26, 2019 4:30pm

Yes, irrespective of Brexit, but the requirement to prove economic means needs to be clarified.

The law doesn't impose any restriction regarding nationality.

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Highlander

Posted: Mon Aug 26, 2019 4:51pm

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Joined: 11 Nov 2018

Posted: Mon Aug 26, 2019 4:51pm

Thanks Jim

It may make it bit easier for us but as you say what will they be looking for in the way of financials. Will it be that of an EU citizen or that of a third world citizen.

Could be a test case

We will arrive Spain on ,1st Oct pre Brexit

Cheers David

jimtaylor

Posted: Mon Aug 26, 2019 5:08pm

jimtaylor

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Posted: Mon Aug 26, 2019 5:08pm

I've just had a quick shufty and can't find where the financial requirements are defined. However, as the law refers to EU residence, it seems reasonable to assume that the requirements will be the same as when applying for a residency certificate for EU nationals.

From the sound of things, you could be the first person on this forum to get a nice plastic TIE.

Not sure I'm happy about that. Up to now the race has been between Ray D and myself, and now we've got a three-legged race!

Highlander

Posted: Mon Aug 26, 2019 6:23pm

Posts: 23

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Joined: 11 Nov 2018

Posted: Mon Aug 26, 2019 6:23pm

Ha ha I think the problem will be getting an appointment !

David

Highlander

Posted: Mon Aug 26, 2019 6:51pm

Posts: 23

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Joined: 11 Nov 2018

Posted: Mon Aug 26, 2019 6:51pm

We also have Cypriot driving licences which are EU driving licences even post Brexit.

Will we just be able to exchange these without a medical and eye test or will that still be required ?

Thanks

David

jimtaylor

Posted: Tue Aug 27, 2019 4:41am

jimtaylor

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Posted: Tue Aug 27, 2019 4:41am

You'll should just be able to exchange them, and only take the medical when it's time to renew.

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