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Residencia for stays between 3 to 6 months per year? - Page 3

dinnerout

Posted: Fri Jul 3, 2020 5:45pm

dinnerout

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Posted: Fri Jul 3, 2020 5:45pm

This post that was quoted has been deleted.

So what you are saying is that my legally held Residencia card WILL have to be converted into a TIE by June next year?

Because the posts I saw elsewhere (one on behalf of a Brits overseas group) said simply - and I paraphrase - dont worry you won't have to convert your Residencia into a TIE. I suspected they might be wrong as I can't see the Spanish government having two different sets of ID, one pre and one post Brexit.

At least we have plenty time to find out.

Steve

SolSeeker

Posted: Fri Jul 3, 2020 6:01pm

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Joined: 29 Apr 2018

Posted: Fri Jul 3, 2020 6:01pm

This post that was quoted has been deleted.

WOW a lot of reading but one more thing - can see it's been dealt with before but I think SOME areas differ in rules in that some Town Halls allow signing the padron even if the signee is not resident. I am wondering if it's worth asking in this area or will it be a flat out no. I have my deeds and I don't think a full residency is needed - only proof you are here over 180 days/year?

Update: Just read those Ray....seems UK citizens will never need visas even after a no deal - over 60 countries already have visa waivers but will need travel authorization (ETIAS) which will be cost £7 p/p online. ETIAS has been delayed until 2023 also

 I doubt this will affect tourism from the UK to Spain at all.

Best

Gaz

Kimmy11

Posted: Fri Jul 3, 2020 6:32pm

Kimmy11

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Posted: Fri Jul 3, 2020 6:32pm

SolSeeker wrote on Fri Jul 3, 2020 6:01pm:

WOW a lot of reading but one more thing - can see it's been dealt with before but I think SOME areas differ in rules in that some Town Halls allow signing the padron even if the signee is not resident. I am wondering if it's worth asking in this area or will it be a flat out no. I have my de...

...eds and I don't think a full residency is needed - only proof you are here over 180 days/year?

Update: Just read those Ray....seems UK citizens will never need visas even after a no deal - over 60 countries already have visa waivers but will need travel authorization (ETIAS) which will be cost £7 p/p online. ETIAS has been delayed until 2023 also

 I doubt this will affect tourism from the UK to Spain at all.

Best

Gaz

The rules don't differ, but some town halls encourage illegal registration by non-residents, as the funding they get from central government is based on the number of people registered on the Padron: more people = more money.  However, if caught, it's not the town hall that will be fined, it's the individual who registered.  Only people planning to obtain residency, for which they need a Padron certificate no more than 3 months old, should be allowed to register.

Kind regards, 

Kim

SolSeeker

Posted: Fri Jul 3, 2020 6:36pm

Posts: 45

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Joined: 29 Apr 2018

Posted: Fri Jul 3, 2020 6:36pm

Kimmy11 wrote on Fri Jul 3, 2020 6:32pm:

The rules don't differ, but some town halls encourage illegal registration by non-residents, as the funding they get from central government is based on the number of people registered on the Padron: more people = more money.  However, if caught, it's not the town hall that will be fined, it...

...'s the individual who registered.  Only people planning to obtain residency, for which they need a Padron certificate no more than 3 months old, should be allowed to register.

Kind regards, 

Kim

So some just roll up to the town hall and say they INTEND to get residency and a Padron is granted? I don't see the point apart from free use of buses which I rarely use as I have a Spanish car and when I do use (out drinking) are cheap enough anyway!!

Kimmy11

Posted: Fri Jul 3, 2020 7:00pm

Kimmy11

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Posted: Fri Jul 3, 2020 7:00pm

SolSeeker wrote on Fri Jul 3, 2020 6:36pm:

So some just roll up to the town hall and say they INTEND to get residency and a Padron is granted? I don't see the point apart from free use of buses which I rarely use as I have a Spanish car and when I do use (out drinking) are cheap enough anyway!!

I doubt they even mention residency at the town hall, unless it's their genuine reason for wanting to register.

The usual reason for applying is because a bar room lawyer has told them that they should, or that they can't buy a car without one, or any other urban myth they're told.  

Rojales town hall is notorious for encouraging non-residents to register; Torrevieja used to be, but clamped down a year ago, as did Denia in the north.  It was a shock when they did and started the rush for illegals to get their residency, not least for some because you need to be on the Padron for your children to attend school here.  Before the beginning of the new school year, parents went along to get up to date Padron certificates and suddenly started to be rejected, which put their children's education at risk.

The key point though is that existing rights for UK citizens under EU law will only be protected for those who are living in Spain LEGALLY before 31 December 2020.  So whilst someone who's lived here multiple years may be able to use a Padron registration as proof they've been living here, I haven't seen anything that says their rights are protected by having a Padron certificate, without being legally resident.

Kind regards, 

Kim

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SolSeeker

Posted: Sat Jul 4, 2020 1:56am

Posts: 45

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Location: Torrevieja

Joined: 29 Apr 2018

Posted: Sat Jul 4, 2020 1:56am

Kimmy11 wrote on Fri Jul 3, 2020 7:00pm:

I doubt they even mention residency at the town hall, unless it's their genuine reason for wanting to register.

The usual reason for applying is because a bar room lawyer has told them that they should, or that they can't buy a car without one, or any other urban myth they're told.  

Rojales town hall is notorious for encouraging non-residents to register; Torrevieja used to be, but clamped down a year ago, as did Denia in the north.  It was a shock when they did and started the rush for illegals to get their residency, not least for some because you need to be on the Padron for your children to attend school here.  Before the beginning of the new school year, parents went along to get up to date Padron certificates and suddenly started to be rejected, which put their children's education at risk.

The key point though is that existing rights for UK citizens under EU law will only be protected for those who are living in Spain LEGALLY before 31 December 2020.  So whilst someone who's lived here multiple years may be able to use a Padron registration as proof they've been living here, I haven't seen anything that says their rights are protected by having a Padron certificate, without being legally resident.

Kind regards, 

Kim

Hmmm interesting - also I think those who should have been declared fiscially resident who should have been paying tax for those years were not asked for more details. Think themselves lucky!!

Kimmy11

Posted: Sat Jul 4, 2020 10:17am

Kimmy11

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Posted: Sat Jul 4, 2020 10:17am

SolSeeker wrote on Sat Jul 4, 2020 1:56am:

Hmmm interesting - also I think those who should have been declared fiscially resident who should have been paying tax for those years were not asked for more details. Think themselves lucky!!

Yep, when the implications of Brexit started to become apparent to UK immigrants in the EU (because that's what we are), I remember someone on this forum saying that their parents had been "getting away with it" for 15 years.  Sadly, some people have no shame and don't care about others or their host country, so long as they can "get away with it", but that's between them and their conscience.

As I've said before, the only good thing to come out of Brexit is that the UK illegals will be caught out.  Unfortunately, holiday home owners and other UK citizens, genuinely wanting and expecting to pay their way in Spain have been adversely affected too.

Kind regards, 

Kim

dinnerout

Posted: Sat Jul 4, 2020 12:16pm

dinnerout

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Posted: Sat Jul 4, 2020 12:16pm

This post that was quoted has been deleted.

That's the one I saw too. Perhaps the best advice to all is to wait until things are 100% confirmed. We have, after all, until June 30th next year to convert if it turns out that we do need to. 

Steve

Despegue

Posted: Sat Jul 4, 2020 1:30pm

Despegue

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Posted: Sat Jul 4, 2020 1:30pm

I realize now that my info is valid and correct for Schengen Residents only,  and NOT for UK citizens, for which I apologize, especially to RayD.

however one thing:
* There are absolutely NO plans at this moment for British to need a Schengen visa in order to visit Spain from 2021 onwards. That is just absolute tosh and will most likely never happen. 

Kimmy11

Posted: Sat Jul 4, 2020 2:13pm

Kimmy11

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Posted: Sat Jul 4, 2020 2:13pm

This post that was quoted has been deleted.

Thanks Gary, that position concurs with what my friends' gestor told them: that the Spanish government is issuing instructions on Monday.

Kind regards  

Kim

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