The unintended consequences of Brexit ? - Page 68

Thanks Kim that’s really helpful would it help if we were married ?

Hi Stuart,

Not unless your partner meets the requirements of Ireland to qualify.  A friend of mine, who is Scottish, has been able to obtain an Irish passport because her mother and maternal grandparents are/were Irish.  But her Scottish husband does not qualify as he hasn't lived in Ireland (I think it needs to have been for a minimum of 3 years).  That's something to double-check in Ireland, rather than Spain.

Kind regards,

Kim

Thanks Kim looks like my partner will have to come back to England every 90 days lol.

This cannot be right can it 

If you think about this - your right as an Irish passport holder grants you FOM at low levels of financial security. If you trust your "partner" simply bolster his/ her finances to lift them above the future fiscal regulations. In fairness the future amounts are not a million miles away from what you would need to spend especially if they only apply to one person given the existing financial requirements are set pretty much at the level of minimum income before welfare ie Eur 7k a year.

I gave a very specific example of friends, who ARE married, where one qualifies for an Irish passport and the other does not, despite being married.  Stuart's specific question was, "would (his partner) be able to move with me without restrictions."  Think about this: if a UK citizen could move to the EU "without restrictions", why would any UK citizen be worrying about Brexit denying us Freedom of Movement......?

If you want to answer the question you think Stuart should have asked, please do so.

If aimed at me, I should say I wasn't trying to be antagonistic. 

Sometimes it is about the questions we don't ask. In reality few folks can live very well in Spain on the minimums as they currently sit. Yes it's great/ easier to be granted residency at low levels of proven annual income etc. but if you are likely to spend more than Eur 14k per couple per year all I am perhaps acknowledging is that it's not as bad as it could be. That said I'd rather apply for residency before end of 2020.

If people, and I include myself, look at what they are likely to spend per annum some of the future targets, though potentially higher, aren't really punitive and I don't think they are intended as such. That was the point I was looking to make especially in a reactive world where we all live in a rules based system.

Ok I realise we can apply for residency before the end of 2020 can we do this if we have a rented property and address in Spain reason I ask is we are not sure our property can be sold in the time scale. We will buy in Spain when funds are available I suppose I am asking the impossible, being resident in Spain and uk at same time ?

It seems only your partner might derive benefit from applying for residency before the end of the year. They would need to be resident in Spain and either own a property to live in or have a lease agreement in place, you would need to check this. Plus and Eur 7k on deposit with a Spanish bank for 3 months prior to the residency application, regional differences might apply. See Jim's guides. If your partner is over 65 then can they get an S1 for health, are they in receipt of a UK state pension?

So if they could come out first with you to follow that might work, especially if they still own a property in Menorca, that was what you said wasn't it?

I don't yet live in Spain and so my comments hitherto have been around the practicalities as I see them. We hope to be out by July this year.

Thanks for your understanding, my partner sold last year but we have considerable funds lodged in a Spanish bank, that satisfies one aspect , so you think  a lease on a property would satisfy for the purpose of securing residency before 21. 

Have a look at Jim's guides here Jim's guides - your complete guide to Spain or alternatively speak to an Abogado/ relocation advisor in Spain. For us we plan to buy so I have a different use case but I am sure I've read somewhere on here that you need to be domiciled somewhere and a short term rental isn't perhaps good enough. I could be wrong.