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Gestor

Posted: Thu Oct 27, 2022 11:38am
4 replies67 views3 members subscribed
Skelly1969

Posts: 11

Location: Jacarilla

Joined: 11 Aug 2022

Looking for advice and help

My wife had residentia and has a son born in Spain 

We are hoping to move next year, I would need to work , my wife can carry on working for her English company as she works from home.

Someone advised has she had residentia she could get that back , looking for help/advice on this

Regards 

Kimmy11

Posted: Thu Oct 27, 2022 8:18pm

Kimmy11

Legendary helpful member

Posts: 6870

12564 helpful points

Joined: 8 Aug 2017

Posted: Thu Oct 27, 2022 8:18pm

Hi Skelly,

Before being able to point you in the right direction, I need to ask some questions first:

-  Are both you and your wife UK citizens?

-  When did your wife obtain residency in Spain?

-  For how long did she live continuously in Spain?

Kind regards,

Kim

Skelly1969

Posted: Thu Oct 27, 2022 8:23pm

Skelly1969

Original Poster

Posts: 11

Location: Jacarilla

Joined: 11 Aug 2022

Posted: Thu Oct 27, 2022 8:23pm

Kimmy11 wrote on Thu Oct 27, 2022 8:18pm:

Hi Skelly,

Before being able to point you in the right direction, I need to ask some questions first:

-  Are both you and your wife UK citizens?

-  When did your wife obtain residency in Spain?

-  For how long did she live continuously in Spain?

Kind regards,

Kim

Both have uk passports

2007-2017

Regards 

Tony

Kimmy11

Posted: Thu Oct 27, 2022 10:22pm

Kimmy11

Legendary helpful member

Posts: 6870

12564 helpful points

Joined: 8 Aug 2017

Posted: Thu Oct 27, 2022 10:22pm

Hi Tony,

As your wife lived permanently in Spain for more than 5 years, she should have achieved "residencia permanente" - most importantly, given the dates she lived here, here residency would have been with the protection of the Brexit Withdrawal Agreement.  This would entitle her to leave Spain for a maximum of 5 years so, depending on the month in 2017 that she left, she may already have exceeded that limit, but it would certainly be worth investigating whether her residency can be resurrected.  

I'm not sure that this is something a gestor will be able to help with, but in the first instance, I would recommend speaking to Uma Sanz, a gestor at Get Legal in Spain:

https://www.getlegalinspain.com/index.html

If she can't help, I would recommend Spanish lawyers who specialise in immigration:

https://www.pellicerheredia.com/en/rojales-lawyers?utm_source=Google&utm_medium=My%20Business

Kind regards,

Kim

John123456

Posted: Fri Oct 28, 2022 12:47pm

John123456

Super helpful member

Posts: 1464

1064 helpful points

Location: Benidorm

Joined: 27 Feb 2021

Posted: Fri Oct 28, 2022 12:47pm

The period you can be absent from from Spain without jeopardising your residency, will depend on the type of residency document held. The following link will provide you with detailed information:

https://balcellsgroup.com/how-long-outside-spain-without-losing-residency/#:~:text=While%20it%20is%20true%20that,more%20than%206%20consecutive%20years.

May I suggest it is always best to get information and advice on important matters such as this from those who are best placed to provide it, for example, your nearest Spanish Embassy or Consulate in the UK (assuming you are still in the UK). The following link will provide you with their details:

https://www.spainvisa.eu/embassies/united-kingdom/

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