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Jim's Guide - Post-Brexit entry visa requirements to take up residency in Spain

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Posted: Wed Nov 7, 2018 3:05pm
6 replies92 views4 members subscribed
jimtaylor

jimtaylor

Legendary helpful member

Posts: 2227

Location: Almoradí

3120 helpful posts

(NB: If anyone replies, please do not click 'Reply' at the bottom of this post, as that will include all of the guide in your reply. Instead, just enter your reply in the 'Reply to this topic' box at the bottom.)

INTRODUCTION

This guide is only for those wishing to take up residency in Spain.

Unless special arrangements are made, which at the moment seems doubtful, then the post-Brexit entry and residencia requirements will be considerably different from those for citizens of EU member states.

I've already produced a guide regarding the theory for non-EU nationals who have moved to Spain to obtain residencia (and in due course I'll prepare the practice):

https://www.costablancaforum.com/area/almorad%C3%AD-spain-11/residency-in-almorad%C3%AD-padron-residencia-passport-advice-23/jims-guide-moving-to-spain-and-residencia-for-non-eu-citizens-46065/

This new guide covers the requirements to obtain permission to move to Spain in order to live here. Because of many problems I've had in producing this guide, I have to regard it as a first draft, as it will need considerable revision once the fine detail of the requirements have been clarified. Hopefully the consulates in London and Edinburgh will, with Brexit looming, shortly update their websites with full details of exactly what they will require, but I'm not holding my breath.

In this present guide I'm only giving full details regarding the category of people who retire here without working, otherwise I'd spend too much time on covering requirements for all the other various categories, like employees, self-employed, etc. Post-Brexit I hope to produce a finished version of the guide and at that time incorporate the other categories.

Permission to move here in order to live in Spain is granted by a long-term visa (visado nacionale, or visado de larga duración).

This visa authorises the holder to stay in Spain for more than ninety days, as a temporary resident. Having moved to Spain, the holder is obliged to apply for residencia within one month of arrival.

Present holders of a residency certificate:

In the absence of a deal to the contrary, this guide will be applicable to anyone who has yet to move here, but it may possibly also be applicable to those of us who are already legal residents. Hopefully legal residents will just be able to exchange their residency certificates for residencias without the need for a visa, but nobody knows - changing from an EU citizen to a non-EU citizen has never happened before, so there isn't a precedent to follow.

I think it might depend on how the authorities interpret the word 'citizen'. The relevant laws that I've looked at relating to moving to and living in Spain don't refer to 'citizen'; they refer to 'foreigner'. However, the Ministry of Foreign Affairs, in the pages of its website related to moving to Spain refers also to 'citizens'; for example:

" All foreigners wishing to enter Spain to reside, reside and work or study need a visa of this type, unless they are citizens of the European Union, Iceland, Liechtenstein, Norway or Switzerland."

I know that a citizen is normally regarded as a native or nationalised subject of a country, but hopefully the authorities might extend this to include legally recognised residents. I know I'm stretching things a bit here, but it's worth hoping for.

If those of us who already have EU-citizen residency certificates will need to follow every requirement of the non-EU citizen procedure, some of us will have problems with the requirement to prove sufficiency of finances.

LEGISLATION

I've checked quite thoroughly and the legislation doesn't appear to have changed much over recent years, with the principal ones being:

Ley Orgánica 4/2000:

https://www.boe.es/buscar/act.php?id=BOE-A-2000-544

Real Decreto 557/2011:

https://www.boe.es/buscar/act.php?id=BOE-A-2011-7703

Orden AEC/4004/2006:

https://www.boe.es/buscar/doc.php?id=BOE-A-2006-23019

TYPES OF VISA

Because I'm confining full details in this guide to those applicable to retirees, I'm making this section fairly comprehensive so that anyone who isn't a retiree can find out themselves what would be required of them to apply for a visa.

There are several different types of visas, and you have to apply for the one appropriate to your individual circumstances. The law itself only defines four types of long-stay visa:

1) Residence visa (visado de residencia), which entitles you to reside without exercising a professional or professional activity.

2) Residence and work visa (visado de trabajo y residencia), which enables entry and stay for a maximum period of three months and for the commencement, within that period, of the work or professional activity for which it has been previously authorized. During this time, the worker must be registered with the Social Security, which will provide the authorization of residence and work, on his own or on behalf of others. If the period has not been completed, the foreigner will be forced to leave the national territory.

3) Residence and seasonal work visa, which enables you to work for an employee up to nine months in a period of twelve consecutive months.

4) Research visa, which enables the foreigner to remain in Spain to carry out research projects within the framework of a hosting agreement signed with a research organization.

However, the law also says that these visas will be developed by regulation. I've haven't tracked down the relevant regulations, but the following are typical of the various types of categories for which visa application procedures exist. I'm providing a link or links for some, most of which will take you to a pdf detailing what is required to apply for that category of visa. The reason for my doing this is that some categories are more onerous than others in what documentation you have to provide.

These links are mainly those provided by the Spanish embassy in Canberra, who seem to provide more useful and accessible information than most of the other embassies and consulates:

Au pair:

To undertake domestic work.

http://www.exteriores.gob.es/Embajadas/CANBERRA/en/Documents/081116%20STUDENT%20%E2%80%9CAU%20PAIR%E2%80%9D%20VISA%20updated.pdf

Diplomatic accreditation:

For diplomats posted to Spain.

http://www.exteriores.gob.es/Embajadas/CANBERRA/en/Documents/091116%20Accreditation%20visa%20FINAL.pdf

Employee:

To work for others.

http://www.exteriores.gob.es/Consulados/TORONTO/es/ServiciosConsulares/Paginas/SCToronto/Work-visas.aspx

Family:

For family members of a resident.

http://www.exteriores.gob.es/Embajadas/CANBERRA/en/Documents/091116%20Residence%20visa%20for%20family%20member%20of%20EU%20nationals%20Final.pdf

Internship:

For someone admitted to a public or private company or training centre officially recognized in Spain.

http://www.exteriores.gob.es/Consulados/MANILA/en/InformacionParaExtranjeros/Applying-for-Visa/LongtermVisas/Pages/Student-Visa-Internship-Program.aspx

Language assistant:

For someone taking part in the Language Assistantships Programme.

http://www.exteriores.gob.es/Embajadas/CANBERRA/en/Documents/081116%20Auxiliares%20de%20conversaci%C3%B3n%20RS.pdf

Property purchase:

For those who can prove the purchase of a property (or properties) in Spain with a total value of at least €500,000.

http://www.exteriores.gob.es/Embajadas/CANBERRA/en/Documents/091116%20RESIDENCE%20VISA%20WITH%20PROPERTY%20PURCHASE%20Final.pdf

Reasons of economic interest:

The relevant law refers to support for entrepreneurs and its internationalisation. This category covers capital investors, entrepreneurs, highly qualified professionals, researchers and workers moving to a company site here.

http://www.exteriores.gob.es/Consulados/TORONTO/es/ServiciosConsulares/Paginas/SCToronto/Residence-visas-in-support-for-entrepreneurs-and-its-inter.aspx

Retiree:

Allows the holder to live in Spain without undertaking any type of work or professional activity.

http://www.exteriores.gob.es/Embajadas/CANBERRA/en/Documents/081116%20NON%20LUCRATIVE%20RESIDENT%20VISA%20%20RS2.pdf

http://www.exteriores.gob.es/Consulados/TORONTO/en/Consulado/Pages/national-visas.aspx#sec4

http://www.exteriores.gob.es/Consulados/TORONTO/es/ServiciosConsulares/Paginas/SCToronto/Non-lucrative-residence-visa.aspx

Self-employed:

To work on your own, or to open your own business,  without a labour contract with an employer.

http://www.exteriores.gob.es/Embajadas/CANBERRA/en/Documents/081116%20Resident%20visa%20self%20employed%20RS.pdf

http://www.exteriores.gob.es/Consulados/TORONTO/en/Consulado/Pages/national-visas.aspx#sec3

http://www.exteriores.gob.es/Consulados/TORONTO/es/ServiciosConsulares/Paginas/SCToronto/Work-visas.aspx

Student:

To undertake courses, studies, research, training, exchange of students, non-work practices or volunteer services, but not paid work.

http://www.exteriores.gob.es/Embajadas/CANBERRA/en/Documents/010616%20student%20visa%20requirements%20new%20RS.pdf

Temporary work:

To work as an employee for a limited duration.

http://www.exteriores.gob.es/Embajadas/CANBERRA/en/Documents/081116%20Temporary%20work%20visa%20RS.pdf

http://www.exteriores.gob.es/Consulados/TORONTO/es/ServiciosConsulares/Paginas/SCToronto/Work-visas.aspx

Voluntary work:

There are no visa or work permit restrictions if you want to come to Spain to carry out voluntary work of a type that is officially recognised as such.

Youth mobility program:

For those between 18 and 35 year old, youth mobility is a way to combine work and holiday.

http://www.exteriores.gob.es/Consulados/TORONTO/en/InformacionParaExtranjeros/Pages/Youthmobilityprogram.aspx

http://www.exteriores.gob.es/Consulados/TORONTO/en/InformacionParaExtranjeros/Documents/youth%20mobility%20visa.pdf

WHERE TO APPLY

Applications have to be submitted to the Spanish consulate responsible for the area where you live.

To quote from the London consulate's website:

'Visa applications must be filed in person. However, applications may also be filed by a duly accredited representative if you do not reside in the town or city where the Diplomatic Mission or Consular Office is located and you can demonstrate due cause preventing you from travelling, such as the distance from the Diplomatic Mission or Consular Office in question, transport difficulties that make the journey particularly problematic or accredited reasons related to a sickness or physical condition that significantly reduces your mobility.'

This reflects the information given in Ley Orgánica 4/2000:

'When the legitimate subject is in foreign territory, the presentation of visa applications and their collection will be made personally before the diplomatic mission or consular office in whose demarcation that resides. Exceptionally, when the interested party does not reside in the population in which the diplomatic mission or consular office has its headquarters and there are grounds for impeding the displacement, such as the distance from the mission or office or transportation difficulties that make the trip particularly burdensome, Remember that the visa application can be submitted by a duly accredited representative.'

I find it strange that the consulate and law state that applications must be filed in person, by the applicant or representative, and also state that an appointment is necessary for all services, but the London consulate's appointment system points you to BLS, who only do Schengen visas.

I also find it strange that some of the consulates in other countries state that applications can only be submitted by post.

At which Consulate should you apply?:

There are consulates at London and Edinburgh, and which one you use depends on the county in which you live.

London cover all of Wales, Derbyshire, Lincolnshire, Nottinghamshire, Shropshire, Staffordshire, and all counties south of these. They also cover Guernsey, Jersey and the Isle of Man.

Edinburgh cover all of Scotland, Cleveland, Cumbria, Cheshire, Durham, Greater Manchester, Lancashire, Merseyside, North Yorkshire, Northumberland, Tyne & Wear, West Yorkshire, and Northern Ireland.

The London consulate details are here:

http://www.exteriores.gob.es/Consulados/LONDRES/en/Consulado/Pages/LocalizacionContacto.aspx

And Edinburgh here:

http://www.exteriores.gob.es/Consulados/EDIMBURGO/en/Consulado/Pages/LocalizacionContacto.aspx

WHEN TO APPLY

I've not found any advice as to when to apply, so it would seem sensible to take the expected processing time into account, but this led me to a problem.

Real Decreto 557/2011 states clearly that an application for any category of visa will be accepted or rejected within one month or its submission.

The London consulate state that the processing time is one month, apart from applications for a non-lucrative residence visa (retirees), which can take up to three months. A three month period is also referred to in the website of the relevant ministry. In spite of searching, I've not been able to find any amendment to the 2011 law to introduce this three month period. It seems that someone, without any legal backing, has decided to extend the processing period for retiree visas. Whoever that is couldn't go for more than three months, as that is the period after which, if no decision has been made, the visa is automatically deemed to have been granted.

It seems therefore that retirees must apply more than three months before they intend to move to Spain, but not much before, as I'll explain. Once a visa is granted, you have to enter Spain within the period of validity of the visa, and that period cannot be more than three months. If you apply for a visa four months before the date you wish to move to Spain, and it only takes a couple of weeks to issue the visa, then it will have expired before you are due to move.

COST OF THE VISA

I was amused by this statement in EU legislation:

'The amount shall be fixed by the Member States, who may decide to issue these visas free of charge.'

Spanish bureaucracy doing something for free - you must be joking!

The fee is a non-refundable €60, to be paid when the application is submitted. There isn't any mention in the relevant order of there being a reduction for children. As with the Schengen visa, it's possible that the fee might be increased to €80.

The fee, which one would assume is fixed by legislation, does seem, like the processing time I discussed above, to be a moveable feast. For example, a USA citizen applying to a Spanish consulate in the USA, would pay a fee varying between €135 and €180, depending on the category of visa applied for. It's even worse for a Canadian citizen applying in Canada, where the fees range between €85 and €680!

At present the London consulate are saying €60 - let's hope that continues after Brexit.

I couldn't find anything on the London consulate website about how to pay the fee, but I assume that this will be the same as for a Schengen visa.

You need to pay the fee, by card or cash. The sterling amount obviously varies depending on the exchange rate.

If you intend to pay with cash at the consulate, then I suggest you take the exact amount as the consulate are apparently not well supplied with change.

Further on in this guide, I refer to the possible need for an EX form which, if required, is subject to an additional fee. For an EX-01 the fee is €10.72. Payment of this is by going to:

https://sede.administracionespublicas.gob.es/tasasPDF/prepareProvincia?idModelo=790&idTasa=052#

The procedure is the same as detailed in my guide to obtaining an EU-citizen residency certificate, but this time you would select 2.1 'Autorización inicial de residencia temporal (excepto por circunstancias excepcionales)'.

Some of the consulates state that this fee can also be paid at the consulate, but require you to take along a completed copy of the EX form.

APPLICATION FORM

Source:

Researching this turned out to be extremely confusing. Even though all the Spanish consulate web pages around the world come under the top-level Ministry of Foreign Affairs website, and all deal with the same topics, there are a considerable number of differing requirements for obtaining a long-term visa.

A separate form (original and copy) is required for every person requiring a visa.

There is a national visa application form, from the Ministry website:

http://www.exteriores.gob.es/Portal/es/ServiciosAlCiudadano/InformacionParaExtranjeros/Documents/Solicitud%20de%20visado%20nacional%20-%20Espa%C3%B1ol.pdf

You can also get an English version from various sources, e.g.:

http://www.exteriores.gob.es/Consulados/MEXICO/es/InformacionParaExtranjeros/Documents/Solicitud%20de%20visado%20nacional%20-%20ingl%c3%a9s.pdf

I find it strange that although many of the consulates I've looked at around the world give links to the form above, the London consulate only gives a link to the page for all the EX forms, and doesn't refer to the above form.

Looking further afield, the Canberra and Toronto consulates state that applications for a retiree visa should be made using both the form referred to above and the EX-01.

Then to make matters worse, the San Francisco consulate state that applications for a retiree visa should be made using the form above, and­ the EX-01 and the EX-09.

There are different EX forms for different types of residencia, for examples employee and retiree, and they may be suitable for a long-term visa application because the visa does give permission for residency. However, none of the EX forms, in its description or the body of the form, mentions that it should be used for a visa application and, as I've shown above, there is a dedicated form to apply for a visa.

I had almost come to the conclusion that the consulates which don't mention an EX form were incorrect, and that the appropriate EX form was required when applying for a long-term visa, but I decided to extend my search even further. Staying with the San Francisco consulate, I looked at what they said about requirements for applying for a long-term visa to move to Spain as an employee, as self-employed, and as a student. In all three cases, none require the completion of an EX form, although there are EX forms for these purposes.

At this point I surrendered! All I can suggest is to ask the London consulate to confirm which form or forms is required and, after you've got your visa, please let me know so that I can update this guide.

National visa application form completion:

I haven't been able to find an editable version of the application form, so it will have to be downloaded and completed by hand. Use black ink and capital letters.

Looking at the English version of the form, most of the fields are self-explanatory, so I only need to mention those which may not be clear to you.

For any fields which don't apply to you, I suggest that you don't leave them blank - mark them N/A.

The surname and first name(s), place of birth and nationality fields should reflect what appears on your passport.

For box 11, UK citizens don't have a national identity number in the same way that the Spanish have a DNI, so this box can be marked N/A, or you could enter your NI number.

For box 16, 'Issued by' is what appears in the 'Authority' field on your passport - in my case IPS. You could if you wish expand this to 'Home Office Identity & Passport Service'.

For the right of box 17, some sources suggest putting +44 in front of telephone numbers, and dropping the leading zero.

For box 18, if you're a British citizen, put a cross in 'No'.

For box 19, enter a short job description (preferably in Spanish) e.g. salesman; if unemployed enter “no occupation”, and if retired just enter that.

For box 20, select the appropriate box; for retirees this is 'Residence without work permit/Residencia sin finalidad laboral (no habilita para trabajar)'.

For box 22, if you're making the permanent move immediately, you could just select 'one/una'. However, I don't see any advantage in not selecting 'more than two/múltiples'.

Box 23 is for your address in Spain. Note that the Spanish version states 'Domicilio' i.e. home, so don't use a post office box number.

Box 25 can in most instances be marked N/A.

As I'm only writing this guide for an individual retiree, the boxes 26, 27 & 28 fields can be marked N/A.

In the second (!) box 27, enter  the place and date where you are filling in the form, even if this date is different than the date you will be going to the consulate.

In the second (!) box 28, mark N/A.

EX-01 completion:

If an EX form is required, they are all available here:

http://extranjeros.mitramiss.gob.es/es/ModelosSolicitudes/Mod_solicitudes2/index.html

The links take you to an editable PDF which can be completed online (in block capitals) then downloaded and printed.

To complete the first and third pages, you can refer to my NIE or residency certificate guides:

https://www.costablancaforum.com/area/almorad%C3%AD-spain-11/taxes-suma-nie-tax-advice-in-almorad%C3%AD-25/jims-guide-the-nie-39463/

https://www.costablancaforum.com/area/almorad%C3%AD-spain-11/residency-in-almorad%C3%AD-padron-residencia-passport-advice-23/jims-guide-the-residency-certificate-43535

For the second page, I think you have to select the first option 'Titular de autorización de residencia previa que cesa en tal condición'.

The reference to 'autorización de residencia previa' (prior residence authorization) gives me pause for thought. Prior residence authorization obviously implies that you have previously sought permission to reside, and this logically would be the national visa application form. Whether this is confirmation that both forms are required, or only that for the national visa, I just don't know.

DOCUMENTS REQUIRED

This is where it gets nasty!

For all the documents required, provide originals and a copy.

There are some differences to the requirements spelled out in legislation and the consulates. Where there are differences, I've erred on the side of including everything, rather than run the risk of missing something.

If the consulate require further documents, they will contact you accordingly.

The law and Ministry website don't stipulate this, but some consulates state that all documentation must be accompanied by a certified translation into Spanish. I very much doubt that this will apply to the likes of passports, banks statements, or other documents which are self-explanatory. In fact, I don't think it will apply at all, as long as the documents are in English (if they're in Welsh, then you'll need translations!) This is another point to be clarified.

Application form(s):

Still to be clarified, as mentioned above.

Covering letter:

I've not seen it mentioned in relation to a visa application, but it would seem sensible to provide a covering letter with a list of all the documents you are providing with the application.

Letter of intent:

The law states that you need to justify the reason for your entry to Spain, and some of the consulates include this requirement. I suggest that you simply state that you want to take up residence in Spain as a retiree, to take up a job offer, to start a business, etc.

I don't suppose it would do any harm to state that you love Spain, its people, its culture etc; but I wouldn't state that you love the bureaucracy otherwise they'd know you're having them on.

It would be polite to do the letter in Spanish.

Some consulates state that the letter should be notarised, but these may be the consulates who accept application by mail or from an agent. I see no need for notarisation if you're going to the consulate yourself.

Passport:

Passport with a minimum validity of one year, issued within 10 years prior to the intended date of entry, with at least two blank pages to affix the visa. The copy only needs to be of the page with your photo and details.

Photograph(s):

The law and the Ministry website don't mention this as a requirement, but most consulates do. This seems sensible as, although the EX forms do not have a space for a photograph, the national visa application form does.

I find it strange (again) that the Toronto and San Francisco consulates state two 'passport size photographs' but then go onto say that they should be 2 x 2 inches in size, whereas USA and Canadian passport photographs are portrait format like those on UK passports.

Some consulates state that the photographs should have a pale background, whereas others specify a white background.

I assume that the photographs should be stuck to the national visa application form and copy, but this is another point to be resolved.

Health insurance:

The law, the Ministry website, and some consulates specify this requirement, but there are some consulates which do not mention it.

The law states that you must 'Have a public insurance or private health insurance arranged with an insurer authorized to operate in Spain.'

Being in possession of an S1 would meet the public insurance requirement, but this could lead to a problem. If DWP were to issue an S1 before you move to Spain (which they might not do) and your application for a visa is refused, then you'd have to ask DWP to cancel the S1.

The law does not specify the extent of private medical insurance that is required, but I can't envisage this being any less than that required for an EU citizen residency application or for a Schengen visa.

If I'm correct, then it must cover 100% of medical and hospitalisation charges, and the minimum cover must be €30,000, with one year pre-paid. Ask your insurance company for a visa confirmation letter.

Criminal records check:

As stated in the law and the Ministry website, you need a certificate of criminal record, or equivalent document, issued by the authorities of the country of origin or the country or countries in which you have resided during the last five years, and which certifies that you have no criminal record where you have resided for the last five years, for offenses provided for in the Spanish legal system.

This is all that most consulates state, but some require that it must contain fingerprint search verification, and must be dated no older than three months before the application date. One consulate even requires that the certificate must bear the Hague Apostille.

The existence of convictions for minor crimes will probably not prevent the issue of a visa, as the law in one clause refers to 'serious common crimes'.

In the UK, there are several types of criminal records certificate, the most basic of which only details offences that are still outstanding. What seems to be required is a 'standard' check, which can be obtained from:

https://www.acro.police.uk/police_certificates.aspx

Financial means required for non-profit temporary residence (retirees):

(Before reading this section, I suggest you pour yourself a strong drink)

The following is my translation of relevant clauses in the law:

'Foreigners wishing to reside in Spain without performing work or gainful activity must have sufficient financial means for the period of residence they request, or prove a source of periodic receipt of income, for themselves ... in the following amounts, which are established as a minimum and referred to at the time of application for the visa ...:

For his support, during his residence in Spain, an amount representing monthly in Euros 400% of the IPREM, or its legal equivalent in foreign currency.

The availability of sufficient financial means will be proved by submitting documentation that allows the verification of periodic and sufficient income or the possession of wealth that guarantees this income.

The availability can be accredited by any means of proof admitted by law, including property titles, certified cheques, or credit cards - which must be accompanied by a bank certification that proves the amount available as credit on the aforementioned card.

If the economic means come from shares or participations in Spanish, mixed or foreign companies based in Spain, the interested party will prove, by means of certification thereof, that he/she does not have any work activity in said companies, and will present a sworn statement to that effect.'

My comments:

The IPREM (Indicador Público de Renta de Efectos Múltiples) is a figure published each year for the minimum wage - if your income is below that level, you may be entitled to social security assistance.

The 2018 figure is €537.84 per month, or €6454.03 per year. On its own that doesn't look too bad, but the required 400% is €25816.12 per year.

Bear in mind that I'm writing this in 2018, and the minimum amount required will be greater in 2019. Also be aware that if you're providing sterling figures, then you need to allow for a poor exchange rate.

To avoid problems, ensure that the most recent statement is within a week of submitting your application. I suggest you ask for hard copy statements from your bank or, if you obtain them online, ask your bank to stamp them. The reason is that I've just looked at statements from our Spanish and UK accounts. These are in pdf format, not image, and I could easily open them in my pdf editor programme and alter them. I'm sure that the consulates will be aware of this possibility.

If you're a pensioner, then you could provide a pension statement - your annual notification. If your income is from property rental, you could provide proof of the last six months income. There probably isn't any real need for these, as your pension payments and rental income will appear on the bank statements you provide, but I think that the more proofs you supply, the better.

Health requirements:

The law states:

'When so determined by the Ministry of the Interior ... persons intending to enter Spanish territory must present a health certificate, issued in the country of origin, at the border crossing points for the medical services designated by the Spanish consular office; or to undergo, at the border, a medical examination by the Spanish health services, to prove that they do not suffer from any of the diseases that may have repercussions of serious public health in accordance with the provisions of the International Health Regulations of 2005, as well as in the international commitments on the subject signed by Spain.'

The Ministry of the Interior state that this is an exceptional requirement, so it should hopefully not apply to UK citizens.

If the requirement is imposed, it would be necessary to obtain a medical certificate attesting that you do not suffer from any of the diseases that can have serious public health repercussions. This certificate would have to be issued by the health service in the UK.

As an example, the Toronto consulate suggest the following wording:

This medical certificate confirms that Mr. / Mrs. [……..] does not suffer from any of the diseases that can have serious implications for public health in accordance with the provisions of the 2005 International Health Regulations”.

MAKING AN APPOINTMENT

This topic will, like others, need clarifying. Some of the consulates in other countries state that applications should be submitted by post.

The London consulate doesn't even mention long-term/residence visas for stays of more than ninety days. They do state that if you wish to submit a Schengen visa appointment direct to the consulate, then you must send them a letter (not an email or phone call) asking for an appointment. Whether or not the same applies for a long-term visa remains to be clarified.

The Edinburgh consulate do refer to long-term/residence visas. They don't offer a link to seek an appointment online, but do provide their address and email:

Consulate General of Spain in Edinburgh

63 North Castle St. Edinburgh

EH2 3LJ

Enquiry e-mail: [email protected]

By implication, therefore, you can use email to request an appointment.

Edinburgh also say:

'Visa applications must be filed in person. However, applications may also be filed by a duly accredited representative if you do not reside in the town or city where the Diplomatic Mission or Consular Office is located and you can demonstrate due cause preventing you from travelling, such as the distance from the Diplomatic Mission or Consular Office in question, transport difficulties that make the journey particularly problematic or accredited reasons related to a sickness or physical condition that significantly reduces your mobility.'

ATTENDING THE APPOINTMENT

There is absolutely no information I can find about what happens when you go for the appointment, so for the moment I'm just including relevant part of what I wrote about the Schengen visa.

You need to pay the fee, by card or cash. The sterling amount obviously varies depending on the exchange rate.

If you intend to pay with cash at the consulate, then I suggest you take the exact amount as the consulate are apparently not well supplied with change.

Children under 18, and applicants in need of assistance due to disabilities or health problems, can be accompanied inside the application centre; otherwise you have to attend on your own.

They won't tell you on the spot if your application is going to be successful; you'll just have to wait until they notify you. If they're not satisfied about something, they might request more documents or even call you back for an interview.

TRACKING YOUR APPLICATION

Having submitted your application, you have to wait until you're told whether or not a visa has been granted. The London consulate state that this can take one month, except for retiree visas, in which case they say it's three months. It will obviously take longer if they request other documents or call you in for an interview.

The receipt provided by the consulate should have a username and password which you can use to track your application here:

http://sutramiteconsular.maec.es

VISA GRANTED

The theory is that after notification of the granting of the visa, the applicant must collect it personally within a period of one month. In case of not doing so, it will be understood that the interested party has waived the visa. Some of the non-UK consulates simply post the visa to the applicant, but whether this will happen in the UK is unknown at present.

Once the visa has been collected, the applicant must enter Spanish territory within its three months period of validity to enter Spain.

The visa will incorporate the initial authorisation of residence, and the validity of this will begin from the date on which the entry is made in Spain

Although the initial authorisation for temporary residence will last for one year you must, within one month of arrival in Spain, then apply for a TIE (residencia card) .

I found it interesting that the consulate in Canberra return the originals of your visa application documents to you, with their stamp on them, so that you can use them for your application for a TIE, which should considerably ease that process.

Don't think that once you're in Spain you don't need to bother applying for a TIE. Your entry will be recorded, and there's a system in place to monitor anyone who doesn't apply for a TIE.

VISA REFUSED

Notification of a refusal will include the reasons for refusal, and the procedures and deadlines for the submission of an appeal.

Spanish law states:

"In the event of refusal resolution for breach of some of the requirements, this will be notified by means of the standard form provided for by European Union regulations and will express the remedy against it, the body before which it should be raised and the term for the interposition."

The London consulate say:

"Should you wish to appeal against this decision you must do so in writing within a month as from the date of notification. You can lodge your appeal directly to Visa Department of this Consulate or to the Tribunal Superior de Justicia de Madrid. The reason for refusal is normally included in the decision letter.

Please enclose the following:

Copy of the refusal letter.

A covering letter stating your grounds of appeal and a copy of your passport and UK residence visa. A current contact address and home time telephone number must be provided.

Documents you have supporting your grounds of appeal.

A stamped SAE.

Please do not send or hand in any original documents until you asked to do so by the Visa Department."

The consulate aren't quite correct, as if you decide to appeal direct to Madrid, the law says you have two months to do so.

If you don't appeal and win the appeal, you can simply re-apply for a visa, although you would of course have to make sure that your new application doesn't include the problems which led to the first application being refused.

OBLIGATIONS OF CARRIERS

Carriers will have to check your passport to ensure that you have a valid visa before they allow you on board the plane, train, ferry, bus etc. Otherwise, you shouldn't be allowed to board.

If by chance you are allowed to board without a visa, the carrier is obliged to notify border control about you.

Transport companies are also obliged to provide advance information about their passengers to the Spanish authorities.

In addition, if anyone is denied entry, it is the responsibility of the carrier to return that person to their country of origin.

CONCLUSION

If you've managed to read through the guide to this point, I think you will agree with me that the financial requirements are horrendous, and we can only hope that there will be a Brexit agreement which alleviates the requirements.

If I was a UK resident looking to move to Spain next year, I very much doubt that I'd commit myself until the requirements have been clarified.


RayD

RayD

Helpful member

Wed Nov 7, 2018 4:38pm

Posts: 603

Location: Catral

389 helpful posts

Posted: Wed Nov 7, 2018 4:38pm

A couple of points of query:

Does it mean that all 1.3 million brits living in the EU have to travel back to the UK and register in either London or Edinburgh? As it can take months to even get a passport renewed, I don't have any confidence in the capability of the UK authorities to process their end - particularly when they are processing the 3 millions of EU residents applications already.

If we do have to go back to the UK to submit our forms, how do we get back into Spain while we await the outcome?

Those of us who are legally (at the moment) resident in Spain, even if we are able to transfer our Residente Comunitario to a residency without a visa, we may be able to stay in Spain, but have no right to travel back to the UK via France etc. We would need a Schengen visa to do that and the Spanish long term visa is no substitute for that.

Or, have I missed something?

Linda69

Wed Nov 7, 2018 4:51pm

Posts: 169

Location: Elche

34 helpful posts

Posted: Wed Nov 7, 2018 4:51pm

Really Jim there is no need to scare monger people already resident in Spain, we know the Spanish love their paperwork and this is going to be even more bureaucratic, worse case scenarios etc etc ..... ... 

jimtaylor

jimtaylor

Original Poster

Legendary helpful member

Wed Nov 7, 2018 5:07pm

Posts: 2227

Location: Almoradí

3120 helpful posts

Posted: Wed Nov 7, 2018 5:07pm

That's why I've been doing such posts, Ray, so that people are aware of what might happen. I can't envisage even Spanish bureaucracy requiring us legal residents to travel back to the UK to get a visa if that's required. 

A visa on its own probably won't entitle us to travel through other Schengen countries, but there's nothing to stop a visa holder from applying for a TIE immediately they arrive in Spain, and making a prior appointment to do so so that no time is lost. In my case, there's a note in my 2019 diary to make appointments for immediately after Brexit. It costs nowt, and I can easily cancel an appointment and make a new one. I intend to keep doing that until I know how to change from residency to residencia. In fact, I'm aiming to be the first Brit to do so.

RayD

RayD

Helpful member

Wed Nov 7, 2018 5:10pm

Posts: 603

Location: Catral

389 helpful posts

Posted: Wed Nov 7, 2018 5:10pm

I don't think Jim is scaremongering, but just setting out well researched best and worse case post-brexit scenarios for those of us already resident in Spain, and those wishing to move here.

Brexit will certainly change things for us residents one way or another, as non-EU citizens. It will affect our ability to live in Spain and also our mobility throughout the EU.

jimtaylor

jimtaylor

Original Poster

Legendary helpful member

Wed Nov 7, 2018 5:11pm

Posts: 2227

Location: Almoradí

3120 helpful posts

Posted: Wed Nov 7, 2018 5:11pm

Linda, I'm definitely not scaremongering. In the absence of an agreement to the contrary, a visa in the terms I've spelled out will be required.

Kimmy11

Kimmy11

Very helpful member

Thu Nov 8, 2018 7:46pm

Posts: 680

708 helpful posts

Posted: Thu Nov 8, 2018 7:46pm

Having all this information captured in one place is very helpful, Jim, many thanks.  Forewarned is forearmed.

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