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Brexit and Residency

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Posted: Mon May 27, 2019 1:34am
57 replies2130 views13 members subscribed
Trev58

Posts: 12

Location: Benijofar

6 helpful posts

Hi all,Just looking at the europe   election results coming through and it looks clear for the british people getting out out is what they want, i know no one can give me a definitive answer but what do people think about us newbies wanting to live in spain being able to get residences?

TIA

Trev

PeteKnight

PeteKnight

Super helpful member

Mon May 27, 2019 4:12am

Posts: 1580

Location: Villamartin

1744 helpful posts

Posted: Mon May 27, 2019 4:12am

If Brexit does happen then owning a holiday home would be the worse position to be in. Under the current proposed deal, Brits would be limited to a maximum of 90 days in any 180 day rolling period in Europe.

This would mean that you wouldn’t be able to visit your holiday home as often as you might like.

There are obviously limits at the moment - 90 days maximum per visit and 183 days maximum per year - but this gives much more flexibility (plus it’s not being monitored so people can and do abuse the rules).

Residency is the way around the proposed limits, but the proposed criteria will be tougher than at present.

Pete. 

Movingon

Movingon

Helpful member

Mon May 27, 2019 7:23am

Posts: 617

Location: Albatera

347 helpful posts

Posted: Mon May 27, 2019 7:23am

"it looks clear for the british people getting out is what they want"

I disagree, with just a 36% turnout and Farage's Brexit party taking roughly 1/3rd, and the Lib Dems who are committed to staying coming a good second, I don't think it's anything of the sort.

If anything the waters are muddier than they were! 

Kelvin1960

Kelvin1960

Helpful member

Mon May 27, 2019 9:14am

Posts: 277

245 helpful posts

Posted: Mon May 27, 2019 9:14am

Anti-Brexit parties ... 40.4%

Pro-Brexit  ... 34.9%

Tories ... 9.1%

Labour 14.1%

(BBC, 27/5/19)

Tories all but wiped out, Labour on the fence, low turnout (voter apathy), doesn't look like a definitive pro-Brexit vote to me

Trev58

Trev58

Original Poster

Mon May 27, 2019 12:07pm

Posts: 12

Location: Benijofar

6 helpful posts

Posted: Mon May 27, 2019 12:07pm

When i posted i was watching the results come through and initially it looked like a pro brexit vote, i didnt start the post to stir up any brexit comments my post was to establish would we have any trouble getting residencies as we are taking early retirement and want to move to Spain not a holiday home and wanted to know if there were any people on here to advise us as i have seen other posts saying it could cost us more and we need to know our budget is ok.

thanks in advance

Trev

Kelvin1960

Kelvin1960

Helpful member

Mon May 27, 2019 12:18pm

Posts: 277

245 helpful posts

Posted: Mon May 27, 2019 12:18pm

No Residency appointments are being granted right now (and have not been granted for a few months due to Brexit uncertainties).

If we end up with a hard Brexit, the financial hurdles for obtaining Residency seem likely to go much higher than they are now.

Without Residency, Brits will be limited to 90 days in the EU within any rolling 180 day period. 

Villas

Villas

Very helpful member

Mon May 27, 2019 12:30pm

Posts: 1272

Location: Sax

703 helpful posts

Posted: Mon May 27, 2019 12:30pm

Kelvin1960 wrote on Mon May 27, 2019 9:14am:

Anti-Brexit parties ... 40.4%

Pro-Brexit  ... 34.9%

Tories ... 9.1%

Labour 14.1%

(BBC, 27/5/19)

Tories all but wiped out, Labour on the fence, low turnout (voter apathy), doesn't look like a definitive pro-Brexit vote to me

Simply & the definitive drama is lost in the plot? “If?” ever there was a plot & the pseudo, the theatre continues. That is simply where we are after 2016…..until? Wait for…... Ughmmm...”democracy” (whichever ways that is believed? By whom).

don´t need to agree, consider'

Villas


operationdinnerout

operationdinnerout

Helpful member

Mon May 27, 2019 12:44pm

Posts: 541

Location: Beniarbeig

314 helpful posts

Posted: Mon May 27, 2019 12:44pm

Kelvin1960 wrote on Mon May 27, 2019 12:18pm:

No Residency appointments are being granted right now (and have not been granted for a few months due to Brexit uncertainties).

If we end up with a hard Brexit, the financial hurdles for obtaining Residency seem likely to go much higher than they are now.

Without Residency, Brits will be limited to 90 days in the EU within any rolling 180 day period. 

I have to disagree about the reason for Residency appointments being on hold.

It wasn't "because of Brexit" it was because the system virtually collapsed with the weight of new applications from British residents who had been living here for years illegally and realised in a panic that they better apply pdq! So yes, because of Brexit in a way...

Without that pressure on the system the Spanish authorities would have been able to prepare the new forms and admin procedures while still satisfying demand.

Kelvin1960

Kelvin1960

Helpful member

Mon May 27, 2019 1:11pm

Posts: 277

245 helpful posts

Posted: Mon May 27, 2019 1:11pm

operationdinnerout wrote on Mon May 27, 2019 12:44pm:

I have to disagree about the reason for Residency appointments being on hold.

It wasn't "because of Brexit" it was because the system virtually collapsed with the weight of new applications from British residents who had been living here for years illegally and realised in a panic that they better apply pdq! So yes, because of Brexit in a way...

Without that pressure on the system the Spanish authorities would have been able to prepare the new forms and admin procedures while still satisfying demand.

You might be right. The result is the same.

RayD

RayD

Super helpful member

Mon May 27, 2019 2:41pm

Posts: 2642

Location: Catral

1805 helpful posts

Posted: Mon May 27, 2019 2:41pm

Trev58 wrote on Mon May 27, 2019 1:34am:

Hi all,Just looking at the europe   election results coming through and it looks clear for the british people getting out out is what they want, i know no one can give me a definitive answer but what do people think about us newbies wanting to live in spain being able to get residences?

TIA

Trev

If you want to live in Spain, brexit will change things, but it's still doable. It's a bit more difficult for those who only want a holiday home as travel will be a lot more restricted.

For those already resident, and for those intending to become resident in the future, the Spanish government issued a decreto real earlier this year which guarantees our rights to stay in Spain - as long as the UK treats Spanish citizens in the UK similarly.

As third country citizens we will have to apply for a TIE instead of the EU community residency which we currently enjoy. The hope is that some of the more stringent requirements will be relaxed, but there isn't as yet a promise on that. For those of us residents, and those who haven't been ably to apply because of the brexit panic log jam, we have been given 21 months to apply and have been assured that we will be regarded as legal during that time.

The TIE is actually a big disadvantage over the existing EU community residency as it acts as an ID card and allows travel outside Spain.

So, if you want to settle in Spain, theer is nothing stopping you. The UK already have theri settlement scheme running for EU citizens in the UK so there is nothing stopping the Spanish law from being enacted.

For holiday home buyers, things are a bit different as, although they can still buy holiday homes, travelling to and from Spain will be more difficult when you may particularly want it. The EU have offered UK citizens the conditions of the Schengen visa, without actually having to pay for it. It's similar to the arrangement for US travellers to the EU. It limits you to 90 days in the EU (note all EU countries, not just Spain) in any rolling 180 day period.

You WILL be clocked in and out of the EU and sharp eyed travellers will note the new electronic barriers at Alicante airport. You will have to go through either these electronic barriers, or through a manned passport control where your passport will be stamped. You won't be able to go through the EU citizens control where you just show your passport at the moment. If you try and come back before the 180 day clock is reset, you will be turned away.

Residents with a TIE will have unrestricted travel in the EU but, until then, will be subject to the Schengen arrangements. However, if you are living in Spain, the likelihood of wanting unresticted travel probably won't affect you as you can fit in trips to the UK in your 90 days.

Details of this arrangement are on both the EU and Schengen visa web sites.

Although residency appointments are stopped at the moment, some UK people have still been able to get NIE appointments. However, it may be worth applying to the Spanish consulates in London and Edinburgh(?) if you are purchasing a property.

One thing I'm not sure about, and someone may be able to enlighten us, is how a UK citizen will be able to open a Spanish bank account post brexit. There may not be a problem but, not being an EU citizen could make it more difficult. However, as a resident that won't affect us.

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