Is this "Project Fear" too...?

Hi "Stan",

In the absence of any responses from "the usual suspects", I'd venture that they didn't understand the implications when they were written in English, so......  ;o)  But it would be difficult, even for the most hardened Brexiteer, to argue that El Pais has a "Project Fear" agenda.  One thing's for sure, Bojo and his clowns will have little regard, if any, for those of us who fall into the "pre-resident status" group and the impact of the UK government's failure to match like-for-like reciprocity with Spain's offer, as detailed in the El Pais article.

Kind regards,

Kim

It's all very quiet from the usual suspects

I think that the usual suspects like myself will have refrained from posting because the El País article is accurate and well balanced, so there's really nothing to object to or add. The only thing that El País didn't mention is that the EU could bring in legislation that would over-ride the Spanish legislation.

If Brexit happens without the UK granting conditions equivalent to those spelled out in the two Spanish no-deal laws, then those laws will not come into effect and we would then be subject to the laws relating to non-EU citizens. 

My wife and I, and many others, would not be able to meet the requirements of income to be resident here, and at our ages and income and state of health would not be able to afford to pay for heath cover.

I don't think we would put you in "the usual suspects" group, Jim, you're clearly as well briefed as any of us who is interested to keep abreast of Brexit developments! 

I would have been interested to hear a response to the El País article from the Brexiteers who usually accuse Remainers of inciting "Project Fear"........  ;o)

I'm interested in your last para about declaring income - can you elaborate Ray?

Thanks Ray. Are you saying that in the event of NO DEAL anyone without existing Residencia would need annual income of 30.000 euros to qualify? If you are, I dont understand why the Spanish authorities would set the bar so high? What would they expect to achieve by that as it would exclude a lot of people who could happily survive on less and still be a contributor to the economy.

Can you also comment on my own position where I have 4 years Residencia (but clearly less than 5) where I don't meet the income requirements of 30k pa but have UK savings and property interests here in Spain? Do you really think Spain is going to refuse me Residencia? I'd be surprised. Also do you think under no deal I would qualify for settled status with less than 5 years and a Temp Residencia? What will happen to folks "in the middle" like me?

Appreciate this is fairly hypothetical until we know for sure what happens.

Best regards 

Steve

It's actually nearer €26,000. That's the law, and we can chunter about it, but that's what we'd be legally required to prove.

What I've never been able to find out is what the national police stations would accept - as we know too well, many of them apply their own criteria.

And I don't think anyone should be too complacent about what the no-deal Brexit laws or the Moncloa website say. These are based on the UK giving reciprocal treatment to Spanish nationals, which the UK have failed to do.

There has also been a lot of talk about a transition period. There won't be a transition period, full stop, if there isn't a withdrawal agreement.

On top of that, I'd guess that the EU would issue legislation that all EU members would have to comply with, and that would certainly over-ride any Spanish legislation.

I'm not trying to scaremonger - just being realistic. In a worst case scenario, on November 1st, I and many others could end up in a situation where we couldn't meet the requirements to be legal residents in Spain.

Helpful. But the question remains (given Project Fear) why would Spain deny Residencia to a person with annual income of ...say... 29.500 euros?

(Edit for Jim, I was basing it on Rays figure of 2500 monthly)

It just doesn't add up. It makes no sense at all, and without a hotline to Madrid I would suggest something somewhere is wrong or lost in translation. 

Steve

Sense - in Spain!

Ballcocks, Steve - I'm not in the habit of making bad translations. If you want to see for yourself, have a look at:

Ley Orgánica 4/2000:

https://www.boe.es/buscar/act.php?id=BOE-A-2000-544

Real Decreto 557/2011:

https://www.boe.es/buscar/act.php?id=BOE-A-2011-7703

Orden AEC/4004/2006:

https://www.boe.es/buscar/doc.php?id=BOE-A-2006-23019

I think it's Real Decreto 557/2011 that spells it out.