Residency Problem - Brexit and the EU: living, holidaying and moving to Albir - Albir forum - Costa Blanca forum in the Alicante province of Spain
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Residency Problem - Page 2

Peter3473

Posted: Sun Sep 27, 2020 4:37pm

Peter3473

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Posted: Sun Sep 27, 2020 4:37pm

Chrisjk wrote on Sun Sep 27, 2020 4:30pm:

Sorry Peter, I mistakenly though it was your Quote about our Healthcare when it was actually " MOVINGON " that asked that.  Regards.... Chris

Sorry my friend, I am still none the wiser, but hope my original post helps, good luck with what ever the outcome of your problem is.

Angebadge

Posted: Sun Sep 27, 2020 4:49pm

Angebadge

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Joined: 28 Jan 2019

Posted: Sun Sep 27, 2020 4:49pm

Hi Chrisjk

Your OP mentioned S1 and your wife being ill, in a Spanish hospital, for many weeks.

It was, I think, a little unclear if you had managed to sort your S1 at this point or not, that was my reason for asking; to determine if you had or had not. No one’s quizzing you, we’re all here to help, if we can. 

The main focus of your OP was to determine if your residency would still be valid, coupled with the question “can we still get free health care” which again, could lead to supposing you’d already achieved S1. I think members were just a little unclear of your status, health wise, and we’re seeking clarification on order to be able to offer the best advice/ opinion 🤪🥂

Chrisjk

Posted: Mon Sep 28, 2020 12:42am

Chrisjk

Original Poster

Posts: 86

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Location: Albir

Joined: 12 May 2018

Posted: Mon Sep 28, 2020 12:42am

Peter3473 wrote on Sat Sep 26, 2020 6:33pm:

The British Embassy Madrid states on its Facebook page britsinspain 5/8/20 if you have been legally resident in Spain for fewer than 5 years your status may be affected if you are absent for 6 months or more at one time, there are some exceptions to this rule where absence of 12 consecutive month...

...s may be permitted for reasons such as serious illness. As for registering your S1 was that not required at the time of your residency? 

Hi Peter, sorry for Confusing You. No our S1's were not Submitted at the Time of Our Residency Because they had not arrived from the UK at that Time. We Only got them at a Later Date when we were back in the UK. So we Intended to Submit them when we came back to Spain ( we had an appointment to do so ) but My Wife became ill before that Time, Our Appointment was Due during the Time She was ill, so we couldn't Attend it. Hope that is a Little Clearer. We just want to know If our Residency will now have expired and if it will be OK to Submit our S1's when we go back to Spain ?  When we get back to Spain is Anyones Guess with the Restrictions though,  Regards.... Chris

Chrisjk

Posted: Sun Oct 4, 2020 12:07am

Chrisjk

Original Poster

Posts: 86

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Location: Albir

Joined: 12 May 2018

Posted: Sun Oct 4, 2020 12:07am

Angebadge wrote on Sun Sep 27, 2020 4:49pm:

Hi Chrisjk

Your OP mentioned S1 and your wife being ill, in a Spanish hospital, for many weeks.

It was, I think, a little unclear if you had managed to sort your S1 at this point or not, that was my reason for asking; to determine if you had or had not. No one’s quizzing you, we’re all here to help, if we can. 

The main focus of your OP was to determine if your residency would still be valid, coupled with the question “can we still get free health care” which again, could lead to supposing you’d already achieved S1. I think members were just a little unclear of your status, health wise, and we’re seeking clarification on order to be able to offer the best advice/ opinion 🤪🥂

Hi, We obtained our "Residency" but then we Had Problems with getting our S1 forms from the UK. Eventually we returned to the UK for a while, during this Time we managed to Obtain our S1's. We returned to Spain and we had an Appointment to Submit our S1's in Spain. Unfortunately my Wife became ill when we had only been back in Spain for a few Days ,and before our Appointment. So we missed that Appointment. Eventually My Wife recovered enough to be Discharged from the Hospital, but she faced Many weeks of Recuperation and Physiotherapy, so Our Family Decided that it would be better if She returned to the UK, where we all could Care for Her. What I am now trying to ask is...Have we now Spent too Much Time out of Spain for our Residency to still be Valid ? ( 16 Months now and Counting ) and Also, can we still Submit our S1's in Spain if we go back in a few Months ? Or will we not now be able to do that because we are out of the EU ?  Hope this Clarifies things a little more.   Regards.....  Chris    PS Thank You Everyone for your replies.

Angebadge

Posted: Sun Oct 4, 2020 11:04am

Angebadge

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Joined: 28 Jan 2019

Posted: Sun Oct 4, 2020 11:04am

Chrisjk wrote on Sun Oct 4, 2020 12:07am:

Hi, We obtained our "Residency" but then we Had Problems with getting our S1 forms from the UK. Eventually we returned to the UK for a while, during this Time we managed to Obtain our S1's. We returned to Spain and we had an Appointment to Submit our S1's in Spain. Unfortunately my Wife became il...

...l when we had only been back in Spain for a few Days ,and before our Appointment. So we missed that Appointment. Eventually My Wife recovered enough to be Discharged from the Hospital, but she faced Many weeks of Recuperation and Physiotherapy, so Our Family Decided that it would be better if She returned to the UK, where we all could Care for Her. What I am now trying to ask is...Have we now Spent too Much Time out of Spain for our Residency to still be Valid ? ( 16 Months now and Counting ) and Also, can we still Submit our S1's in Spain if we go back in a few Months ? Or will we not now be able to do that because we are out of the EU ?  Hope this Clarifies things a little more.   Regards.....  Chris    PS Thank You Everyone for your replies.

Hi Chris

I am no expert.

Residencia. I would suggest that, at this time, as entry into and out of Spain is not recorded in the manner that it will be after December, that should be OK. I. Not sure how anyone would have the ability, or desire, to track your movements. It might be advisable to get back to Spain before the end of the year; I don’t know why I say that, only that as everything changes soon, it would seem sensible.

S1. I have no idea, Hopefully, now you’ve clarified exactly what information you require, other members will assist. I do hope your wife is fully recovered. 🤪🥂

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Chrisjk

Posted: Tue Oct 6, 2020 4:15pm

Chrisjk

Original Poster

Posts: 86

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Location: Albir

Joined: 12 May 2018

Posted: Tue Oct 6, 2020 4:15pm

Angebadge wrote on Sun Oct 4, 2020 11:04am:

Hi Chris

I am no expert.

Residencia. I would suggest that, at this time, as entry into and out of Spain is not recorded in the manner that it will be after December, that should be OK. I. Not sure how anyone would have the ability, or desire, to track your movements. It might be advisable to get back to Spain before the end of the year; I don’t know why I say that, only that as everything changes soon, it would seem sensible.

S1. I have no idea, Hopefully, now you’ve clarified exactly what information you require, other members will assist. I do hope your wife is fully recovered. 🤪🥂

Hi, Thank You for your reply. Yes my Wife is Recovering quit well now, but She is still nowhere near 100% yet. Thank You. Has anyone else any advice now that I have tried to Clarify my First Post ?      Chris

dinnerout

Posted: Tue Oct 6, 2020 4:57pm

dinnerout

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Posts: 2195

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Posted: Tue Oct 6, 2020 4:57pm

Chrisjk wrote on Tue Oct 6, 2020 4:15pm:

Hi, Thank You for your reply. Yes my Wife is Recovering quit well now, but She is still nowhere near 100% yet. Thank You. Has anyone else any advice now that I have tried to Clarify my First Post ?      Chris

Hi Chris, yes I do have some advice and the advice is that you might benefit from professional advice. More on that in a moment. 

As others have said, if you return to Spain soon it may be that your Residency won't be affected. However that is not a given because you might have to prove that your return to the UK for healthcare did not invalidate it. It does sound as if you would be able to prove it.

As to the S1 I don't think anyone on the forum can answer your question with 100% certainty. It may be that because you were resident before 31.12.20 your S1 will still entitle you to free healthcare after 31.12.20 regardless of being presented to the authorities after that date. But it may not.

I can highly recommend Albir Abogados in Altea who would be able to help you find the answer. 

https://www.albirabogados.com/

Click the link. When you phone or email them ask for Maria, she speaks very good English.

I hope you manage to get sorted, keep us posted, kind regards, Steve

Chrisjk

Posted: Fri Oct 16, 2020 12:15am

Chrisjk

Original Poster

Posts: 86

10 helpful points

Location: Albir

Joined: 12 May 2018

Posted: Fri Oct 16, 2020 12:15am

dinnerout wrote on Tue Oct 6, 2020 4:57pm:

Hi Chris, yes I do have some advice and the advice is that you might benefit from professional advice. More on that in a moment. 

As others have said, if you return to Spain soon it may be that your Residency won't be affected. However that is not a given because you might have to prove that your return to the UK for healthcare did not invalidate it. It does sound as if you would be able to prove it....

...

As to the S1 I don't think anyone on the forum can answer your question with 100% certainty. It may be that because you were resident before 31.12.20 your S1 will still entitle you to free healthcare after 31.12.20 regardless of being presented to the authorities after that date. But it may not.

I can highly recommend Albir Abogados in Altea who would be able to help you find the answer. 

https://www.albirabogados.com/

Click the link. When you phone or email them ask for Maria, she speaks very good English.

I hope you manage to get sorted, keep us posted, kind regards, Steve

Hi Dinnerout, Thank You for your reply. I will get in touch with the People that you Recommended.  Regards    Chris

dinnerout

Posted: Fri Oct 16, 2020 12:27am

dinnerout

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Posts: 2195

2447 helpful points

Location: Beniarbeig

Joined: 18 Sep 2015

Posted: Fri Oct 16, 2020 12:27am

Chrisjk wrote on Fri Oct 16, 2020 12:15am:

Hi Dinnerout, Thank You for your reply. I will get in touch with the People that you Recommended.  Regards    Chris

No problem Chris. By the way, Albir Abogados used to be in Albir but have now relocated to a new office in Altea.

The owner is the Abogado, a guy called Orlando Torregrosa. Maria is his secretary or Spanish equivalent eg office manager.

Hopefully Maria will be able to answer your question with minimum cost involved.. My 10 cents worth is that your Residencia will be valid and your S1 will be as well for free health care now and beyond 31.12.20. Be interested to hear how it goes.

Kind regards, Steve 

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