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S1 forms

Posted: Fri Feb 23, 2024 10:56am
8 replies4 members subscribed
nikkimason58

Posts: 24

9 helpful points

Joined: 26 Oct 2019

Hi guys. Have a question about S1. I am 66 so I don't have a problem but my partner is 55 so his is not due. The social Security in Britain told me he can piggy  back on mine but we have been advised the Spanish system won't except it. We would get married(we have been together for 24 years) but we can only get married in Gibraltar but we can't afford it. Have any of you guys had any experience of either situations thanks for any advice you can give me Nikki 

marcliff

Posted: Fri Feb 23, 2024 11:17am

marcliff

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Location: Rojales

Joined: 5 Jan 2023

Posted: Fri Feb 23, 2024 11:17am

You can only become a beneficiary for healthcare if you are the spouse or your parents are in receipt of the S1. The partner can also be a beneficiary if they are in a settled relationship and prove they have been living together for a certain time and have the status of being in a common law relationship. 

There is no actual status of common law marriage in Spain (I used that as it is a term we use) rather it is recognised as a live-in relationship and counts if you can show you are in stable relationship and living together with common interests and maintain a family life together.

Current Spanish law does not state the period of time unmarried couples must have lived together before becoming legally established.

I think you'd need to see a notary or solicitor to get your relationship officially recorded as a live-in relationship (common law as we'd call it) without the need to get married. 


Kimmy11

Posted: Fri Feb 23, 2024 11:31am

Kimmy11

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Posted: Fri Feb 23, 2024 11:31am

Hi Nikki,

The 'domestic partnership' that Marcliff refers to is known as "Pareja de hecho" in Spain.  As you have budget constraints, I'd suggest speaking to a Notary in the first instance, as it will almost certainly be cheaper than a lawyer.  But also, bearing in mind that by piggy-backing on your S1, it's the UK that will be reimbursing Spain for your partner's healthcare (as well as your own), you also need to double-check what evidence the NHSBSA requires to prove your partnership, as it will be that office which will issue a dependant's S1 on the back of your own.

Good luck!

Kind regards,

Kim

Stevec2x

Posted: Sat Feb 24, 2024 11:29am

Stevec2x

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Posts: 1860

1057 helpful points

Location: Playa Flamenca

Joined: 23 Jan 2020

Posted: Sat Feb 24, 2024 11:29am

Hi 

I piggy back off my partner's S1. We're not married, and our experience dates from before Brexit. Neither of us is of state pension age, but my partner claims some exportable UK benefits. Therefore our experience may not be relevant, but I'll explain anyway!

My partner obtained her S1 first, no problem after speaking to the DWP exportability team in Newcastle. At that point we were unaware of a potential piggyback for myself. When the S1 arrived it had the box for pensioner selected by the DWP.

Then a few months later I called the DWP to ask if I qualified as her dependent. They asked me if I had access to any medical care, which i didn't. After this, bingo, my partner received a replacement S1 with myself identified as being her dependent. The Spanish authorities didn't bat an eyelid and registered me with a SIP card.

Maybe if you talk to the DWP they will do the same for you.

Good luck!

Cheers

Steve

John123456

Posted: Sat Feb 24, 2024 11:58am

John123456

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Location: Benidorm

Joined: 27 Feb 2021

Posted: Sat Feb 24, 2024 11:58am

Spain does not recognise cohabitating partnerships. In August 2022 I became entitled to form S1 as I had reached state retirement pension age. When applying for my S1 I also asked for an S1 for my partner (we knew about Spain's view on cohabitating partnerships but thought we'd try anyway). We both submitted our applications online and within one week received a phone call confirming that my S1 had been processed but my partner's was refused even though we have been living together for 34 years and provided evidence. My partner receives their healthcare via the Convenio Especial route which costs 60€ per month although they must pay for all prescriptions. 

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Stevec2x

Posted: Sat Feb 24, 2024 12:22pm

Stevec2x

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Posts: 1860

1057 helpful points

Location: Playa Flamenca

Joined: 23 Jan 2020

Posted: Sat Feb 24, 2024 12:22pm

John123456 wrote on Sat Feb 24, 2024 11:58am:

Spain does not recognise cohabitating partnerships. In August 2022 I became entitled to form S1 as I had reached state retirement pension age. When applying for my S1 I also asked for an S1 for my partner (we knew about Spain's view on cohabitating partnerships but thought we'd try anyway). We bo...

...th submitted our applications online and within one week received a phone call confirming that my S1 had been processed but my partner's was refused even though we have been living together for 34 years and provided evidence. My partner receives their healthcare via the Convenio Especial route which costs 60€ per month although they must pay for all prescriptions. 

Hi John

Just to clarify, did you apply for separate S1s, or did you apply for yourself but identify your partner as a dependent? In addition did you tell them that your partner already has healthcare via Convenio Especial?

Cheers

Steve

John123456

Posted: Sat Feb 24, 2024 2:01pm

John123456

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Location: Benidorm

Joined: 27 Feb 2021

Posted: Sat Feb 24, 2024 2:01pm

Stevec2x wrote on Sat Feb 24, 2024 12:22pm:

Hi John

Just to clarify, did you apply for separate S1s, or did you apply for yourself but identify your partner as a dependent? In addition did you tell them that your partner already has healthcare via Convenio Especial?

Cheers

Steve

Separate S1s as Newcsstle issued one each. Not sure about the clarificstion of the convenio though.

Stevec2x

Posted: Sat Feb 24, 2024 2:31pm

Stevec2x

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Posts: 1860

1057 helpful points

Location: Playa Flamenca

Joined: 23 Jan 2020

Posted: Sat Feb 24, 2024 2:31pm

John123456 wrote on Sat Feb 24, 2024 2:01pm:

Separate S1s as Newcsstle issued one each. Not sure about the clarificstion of the convenio though.

I'm no expert, and my own experience is from 11 years ago, but it may be worthwhile calling the people in Newcastle and asking them to send you a replacement S1 with your partner listed as a dependent- the worst they can do is say no after all. In my experience, the INSS will accept this without the need to satisfy their rules about cohabiting couples.

John123456

Posted: Sat Feb 24, 2024 2:46pm

John123456

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Posts: 1464

1065 helpful points

Location: Benidorm

Joined: 27 Feb 2021

Posted: Sat Feb 24, 2024 2:46pm

Stevec2x wrote on Sat Feb 24, 2024 2:31pm:

I'm no expert, and my own experience is from 11 years ago, but it may be worthwhile calling the people in Newcastle and asking them to send you a replacement S1 with your partner listed as a dependent- the worst they can do is say no after all. In my experience, the INSS will accept this without ...

...the need to satisfy their rules about cohabiting couples.

OK, I'll give it a go and let you know.

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