Residency rejected after living there over 5yrs

Hello

 Unfortunately ,the fact that he had all those years (5) to become a legal resident esp. during all Brexit negotiations and didnt..... wont be favourable for him at all. It was much easier & cheaper before Jan 2021 to meet the requirements and a fairly simple process compared to now.

 Whatever country you choose to live in, you have to comply with all the laws & rules & Spain being part of the Schengen zone have to apply these rules to 3rd country nations, which the UK has now. become

 Good luck with reapplying, on what grounds was he refused residencia?  Im sure his solicitors will do their best in the circumstances.

Cheers

Elinspain

I agree with elinspain that he had 5 full years in which to apply for residency. If his income is only a pension as you stated, then perhaps he doesn't meet the financial requirements. The Spanish authorities are not very sympathetic towards applicants. A gestor may be able to help but could also become a financial burden.

Steve 

With respect if he had "done everything right" then there would be little scope for declining residency.

By law he must be given written notification detailing the reason or reasons for the decline, what are they?

When did he take out health cover, if after Jan 1st. that on it's own is clear grounds for declining.

You say he has a driving licence, if you mean Spanish how has he got that without residency?

If still UK then after 5 years that's not really "doing everything right".

Remember you need to have been LEGALLY resident before Jan 1st. not just boots on the ground.

Is there more here than we're being told?

When you say he has his driving licence, is that a Spanish or UK one and has he been paying non Resident tax on his property?
It would really help to know the reason he was declined.

I came into this forum as someone severely disabled, unabled to go to Spain, but worked all my life over 30 years as a registered nurse to now be immobile and housebound. 

To give the information I have in the hope of support and knowledge of residents regarding best lawyers or someone or people that could help. 

Unfortunately all I got was critical replies and criticism of why and vwhen. I'm only saying what I know. Please don't bother replying any further as I really wish I'd have information you asked but I've told you in all honesty everything I know. 

Thank you for nothing!! and it's good you all know what you're doing but only critical of people that don't and don't reply further. 

Sorry you feel the responses have not been helpful but on the information provided , it’s very hard to say why he would be declined. If you are only working on what you have been told , then you will need to ask your brother some questions so that we have a 100% transparent picture of his situation .  He would have been given a reason for his refusal thus far.  If you can find that out , you will get much better responses.  From your post , two major questions arise. Firstly , since your brother appears to have left his application for residency until late in the game, does he have the required funds to sustain himself ? 
Secondly , what was the date on the private insurance ? Was this his first year ? 

I totally understand the care he’s giving to mum - I have a mother of the same age here that I’m keeping an eye on since my father passed 2 years ago. I have a 60 year old brother who may well get refused an NLV to come out here to assist with mum.  He can get here NOW but when he needs to upgrade  to permanent residency in 5 years , he may not have enough left in his account to qualify and won’t have his OAPension by then. 

See what you can find out but otherwise your brother needs to engage a lawyer who knows his game well . 

Best of luck ! 

With all due respect, do you not believe that the advice given here reflects the circumstances as you depicted.

Responses were offered on the information you provided and I’m sure it was given with respect and truthfulness.

It may be best leaving this to the legal profession as I’m sure they will insist on having the necessary information and provide assistance in accordance with said information given.

Im sure we all wish your brother every success with his further endeavours to attain residency.

Hi, Sorry to hear of your brothers problems with residency. I can understand how he may have left it late to apply, although I have heard that when an appeal has been lodged people have had a favourable if they were able to prove they have been living in Spain. There will possibly be a taxation issue as he should have been paying tax in Spain (I apologise if my assumption on tax is wrong). There is a company which is based in Spain that receives funding from the UK government to help people like your brother, they are https://asociacionbabelia.org/en/uk-nationals/

This link deals with what maybe spot on for your brother https://asociacionbabelia.org/en/are-you-a-uk-national-whose-residency-application-has-been-rejected-these-are-some-of-your-options/

Also there is a facebook page https://www.facebook.com/groups/brexpatsinspain/ Who will also assit your brother and I have been told that if he sends a private message to Anne Hernandez vis the site, she will be able to assist.

I do hope they are able to help and best of luck.

Best regards

Jeff      

I'm really sorry that you feel this way but the advice that you've received so far is accurate, based on the information that you've given. Some things that you've said are very confusing and this may be due to your brother not communicating the facts.

Your first post  in 2019 states that you have been renting in Spain for 12 months and that you intend to stay and are looking for a fiscal advisor. Are you still in Spain? Would it be possible for you to look after your mother while your brother reapplies for his residency via the NLV?

Nothing I've said in this post is criticising you or your brother and most people on this forum will try to help. However, you'll get more useful replies if you can give more information. Perhaps get your brother to ask the question rather than yourself.

....On the other hand I make no apologies if the answers you receive are not the ones you want to hear.