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Residency

Posted: Mon Nov 16, 2020 12:50pm
13 replies349 views4 members subscribed
bikerdodge

Posts: 55

4 helpful points

Location: Gandia

Joined: 16 Nov 2020

My wife and I need some help applying for Residency. We are English/Russian, both British citizens, unfortunately, we don't speak Spanish. We bought our house in Marxuquera on October 1st last Year. My wife Stayed here while I carried on working in the UK until the end of September this year when I retired. I was advised not to seek residency until I retired for tax reasons. Now, Due to Brexit, we have to apply before December 31. We instructed the lawyer we used when we bought the house to sort it but it seems nothing has happened in the six weeks since I spoke to him. I'm now getting very worried That things won't get done in time.            I am aware that a lawyer is not necessary but this is not something I can do myself. Any advice would be much appreciated             Mucho Gracias.

Rodger.

tebo53

Posted: Mon Nov 16, 2020 1:03pm

tebo53

Legendary helpful member

Posts: 4826

5023 helpful points

Location: Benidorm

Joined: 29 May 2018

Posted: Mon Nov 16, 2020 1:03pm

bikerdodge wrote on Mon Nov 16, 2020 12:50pm:

My wife and I need some help applying for Residency. We are English/Russian, both British citizens, unfortunately, we don't speak Spanish. We bought our house in Marxuquera on October 1st last Year. My wife Stayed here while I carried on working in the UK until the end of September this year when...

... I retired. I was advised not to seek residency until I retired for tax reasons. Now, Due to Brexit, we have to apply before December 31. We instructed the lawyer we used when we bought the house to sort it but it seems nothing has happened in the six weeks since I spoke to him. I'm now getting very worried That things won't get done in time.            I am aware that a lawyer is not necessary but this is not something I can do myself. Any advice would be much appreciated             Mucho Gracias.

Rodger.

If you can't speak Spanish then you will definitely need help with the process. If your solicitors are not showing interest then change your solicitors to another that specializes in getting residency. 

Time is getting close and you will need to prove income and healthcare as part of the process. 

Start things moving forward now, today......

Steve 

CharlieFarmer

Posted: Mon Nov 16, 2020 1:08pm

CharlieFarmer

Helpful member

Posts: 123

164 helpful points

Location: Catral

Joined: 4 Nov 2020

Posted: Mon Nov 16, 2020 1:08pm

I'm afraid you were badly advised on the tax issue and it's possible that could come back and bite you especially if you have been on the padron.

Post edited in the light of information provided by Kimmie - see post further on. 

Apologies for the posting incorrect information. 

bikerdodge

Posted: Mon Nov 16, 2020 1:17pm

bikerdodge

Original Poster

Posts: 55

4 helpful points

Location: Gandia

Joined: 16 Nov 2020

Posted: Mon Nov 16, 2020 1:17pm

Hi Steve

Thanks for reply. I'm sure we have all necessary documents, healthcare, proof of income etc. Problem is finding another solicitor. We have not been able to find one that has any experience in the field.

If you can point us toward someone I'd be very grateful. 

Rodger

elinspain

Posted: Mon Nov 16, 2020 1:24pm

elinspain

Legendary helpful member

Posts: 3248

4130 helpful points

Location: La Mata

Joined: 4 May 2018

Posted: Mon Nov 16, 2020 1:24pm

bikerdodge wrote on Mon Nov 16, 2020 1:17pm:

Hi Steve

Thanks for reply. I'm sure we have all necessary documents, healthcare, proof of income etc. Problem is finding another solicitor. We have not been able to find one that has any experience in the field.

If you can point us toward someone I'd be very grateful. 

Rodger

Hi Rodger

You don't need a solicitor to help with your application, most people use a Gestor for the process - much cheaper too

https://www.google.com/search?q=Gestor+in+Gandia&oq=Gestor+in+Gandia&aqs=chrome..69i57.7955j1j4&sourceid=chrome&ie=UTF-8

Here is a link that names 3 in your area, give them a call & see if they can help

Cheers

Elinspain

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bikerdodge

Posted: Mon Nov 16, 2020 1:29pm

bikerdodge

Original Poster

Posts: 55

4 helpful points

Location: Gandia

Joined: 16 Nov 2020

Posted: Mon Nov 16, 2020 1:29pm

CharlieFarmer wrote on Mon Nov 16, 2020 1:08pm:

I'm afraid you were badly advised on the tax issue and it's possible that could come back and bite you especially if you have been on the padron.

Post edited in the light of information provided by Kimmie - see post further on. 

Apologies for the posting incorrect information. 

Hi Charlie

Appreciate the reply.

We were indeed on the Padron but we were registered as non residents. We were told (by the same lawyer) that by doing so tax would not be payable.

The june 21 deadline is very helpful.

Many thanks

Rodger

elinspain

Posted: Mon Nov 16, 2020 1:34pm

elinspain

Legendary helpful member

Posts: 3248

4130 helpful points

Location: La Mata

Joined: 4 May 2018

Posted: Mon Nov 16, 2020 1:34pm

elinspain wrote on Mon Nov 16, 2020 1:24pm:

Hi Rodger

You don't need a solicitor to help with your application, most people use a Gestor for the process - much cheaper too

https://www.google.com/search?q=Gestor+in+Gandia&oq=Gestor+in+Gandia&aqs=chrome..69i57.7955j1j4&sourceid=chrome&ie=UTF-8

Here is a link that names 3 in your area, give them a call & see if they can help

Cheers

Elinspain

Hello

https://www.gov.uk/guidance/living-in-europe

Here's a good link for you to read to help sort the facts from the fiction haha

Elinspain

Kimmy11

Posted: Mon Nov 16, 2020 2:21pm

Kimmy11

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Posts: 6870

12564 helpful points

Joined: 8 Aug 2017

Posted: Mon Nov 16, 2020 2:21pm

CharlieFarmer wrote on Mon Nov 16, 2020 1:08pm:

I'm afraid you were badly advised on the tax issue and it's possible that could come back and bite you especially if you have been on the padron.

Post edited in the light of information provided by Kimmie - see post further on. 

Apologies for the posting incorrect information. 

Hi CharlieFarmer,

Can you advise where you got "you have until the end of June 2021 to actually make your application" from please?  If it's from the www.gov.uk "Living in Europe" page, I've already complained to the British Embassy in Madrid that it's misleading.  Their response, "You have a point, but the 'Living in Europe' page is under the control of the UK", which I'm reading as, "Not our problem"!  

The "June 2021" date only applies to EU countries that chose to implement a 'Constitutive' residency system, e.g. France.  However, Spain opted to roll out a 'Declaratory' residency system, to which this date does not apply.  First-time applicants for residency in Spain have been advised to submit their initial application online before 31 December 2020 - once they're 'in the system', it doesn't matter if they don't receive approval and the TIE itself until next year.

For bikerdodge, this means appointing a gestor and submitting the EX-20 application and supporting documents online ASAP.

Kind regards,

Kim

CharlieFarmer

Posted: Mon Nov 16, 2020 7:52pm

CharlieFarmer

Helpful member

Posts: 123

164 helpful points

Location: Catral

Joined: 4 Nov 2020

Posted: Mon Nov 16, 2020 7:52pm

Hi Kimmie.

I had taken my information from the Withdrawal Agreement Article 18 para 1b where it states that.... 

"the deadline for submitting the application shall not be less than 6 months from the end of transition period, for persons residing in the host State before the end of the transition period" 

After further research however I find that I have overlooked that distinction and that you are are perfectly correct in that it only applies to states implementing the Consultive residency system and therefore does not in fact apply in Spain. 

I humbly apologise to all for posting misleading information and will edit the offending post accordingly.

Having looked at the gov.uk page it's unforgiveable for Madrid to turn a blind eye to false information which could prove catastrophic to those betting their futures on it.

I've reported it back to the gov.uk site directly. 

Kimmy11

Posted: Mon Nov 16, 2020 8:15pm

Kimmy11

Legendary helpful member

Posts: 6870

12564 helpful points

Joined: 8 Aug 2017

Posted: Mon Nov 16, 2020 8:15pm

No probs, Charlie, your post is simply further proof of how confusing it is.  I've found that the UK Gov's website can't be relied on consistently.  I tend to start there and then go looking for corroboration - we shouldn't have to, but I think the response from the British Embassy sums up how little the UK government really considers the impact of Brexit on UK citizens living in the EU - even when they're given direct feedback from us! 🙄

Kind regards, 

Kim

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