Posted: Sat May 20, 2023 9:36pm
Thank you Kim for spending the time to reply to my posts, I was beginning to wonder about the relevance of the Immigration Lawyers quote.
I didn't give this information when I originally posted, because I didn't want to complicate my question, but I will mention now that my daughter was in fact born in Spain, was/is registered in the state health care system, registered and updated on the Padron several times, and attended school in Spain, but all without being officially registered as a resident. The reason for this was because it was not until 2018 that what we thought was her registration certificate, issued when she was a baby, was in fact only a certificate of registration for her NIE. How we/she managed to go through all of the above (from 2008 to 2018) without being officially registered as a resident I don't know! It was only in 2018 that we became aware of our mistake (I don't remember how) and immediately registered her as a resident, with very few questions asked and only her passport and not much else in documentation. So, as you (and others) have said, with all this historical documentation in addition to the evidence of her bing officially resident from 2018 and a beneficiary of the Withdrawal Agreement I now feel confident that my daughter can go to school in England and not be penalised for her absences from Spain.
Thank you very much, and other readers who replied to my post.
Finally, I would like to mention Alison of Get Legal in Spain who also gave me similar advice to your own and that by having to wait until my daughter's TIE card expires in 2026 this will not affect my daughter's rights under the W. A.