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applying for residency

Posted: Thu Jul 22, 2021 2:43pm
39 replies2202 views8 members subscribed
steve and jan

Posts: 110

24 helpful points

Location: Punta Prima

Joined: 8 Oct 2020

Hi ,our names are Steve and Jan ,we bought our house in Punta Prima last year ,we where advised then not to apply for residency  as there was a back log ,we had good advise from Kimmi on this forum before can someone please advise if we can apply for residency now ,kind regards ,Steve and Jan

tebo53

Posted: Thu Jul 22, 2021 3:14pm

tebo53

Legendary helpful member

Posts: 4816

5013 helpful points

Location: Benidorm

Joined: 29 May 2018

Posted: Thu Jul 22, 2021 3:14pm

steve and jan wrote on Thu Jul 22, 2021 2:43pm:

Hi ,our names are Steve and Jan ,we bought our house in Punta Prima last year ,we where advised then not to apply for residency  as there was a back log ,we had good advise from Kimmi on this forum before can someone please advise if we can apply for residency now ,kind regards ,Steve and Jan

Hi Steve and Jan,

Are you a UK passport holder or an Irish passport holder? Below is advice if you are a UK passport holder. 

You were given very poor advice and you should have applied for residency before the Brexit deadline. Being a property owner will not make any difference. 

But Yes you certainly can apply for residency but firstly you need to apply for a visa from the Spanish embassy while you are still living in the UK. You will need to meet the income and healthcare requirements and if you are successful you can move over to Spain and then you will need to apply for residency within the first month. 

If you have an Irish passport the above advice does not apply.

Steve 

GrahamLynn

Posted: Thu Jul 22, 2021 4:29pm

GrahamLynn

Legendary helpful member

Posts: 2528

2373 helpful points

Location: El Raso

Joined: 9 Jul 2017

Posted: Thu Jul 22, 2021 4:29pm

Agree with Steve, you  most definitely should have applied for residency last year.

Unfortunately you have now left it too late to apply for residency in Spain

You need to have applied for residency in Spain pre Brexit to enable you to remain in Spain whilst the residency process was going through.

If you have not done that  then you are only allowed to remain in the Schengen area following the 90/180 day rule. Any longer than that, you run the risk of not being allback into the Schengen area for an extended period. That would not look favourable on a residency application.

You therefore have to start your residency application in the U.K. by obtaining a NLV

You will also need to be registered on the padron, have private healthcare in place and unfortunately the amount of income you need to prove has doubled since Brexit.

Lynn

steve and jan

Posted: Fri Jul 23, 2021 9:13am

steve and jan

Original Poster

Posts: 110

24 helpful points

Location: Punta Prima

Joined: 8 Oct 2020

Posted: Fri Jul 23, 2021 9:13am

tebo53 wrote on Thu Jul 22, 2021 3:14pm:

Hi Steve and Jan,

Are you a UK passport holder or an Irish passport holder? Below is advice if you are a UK passport holder. 

You were given very poor advice and you should have applied for residency before the Brexit deadline. Being a property owner will not make any difference. 

But Yes you certainly can apply for residency but firstly you need to apply for a visa from the Spanish embassy while you are still living in the UK. You will need to meet the income and healthcare requirements and if you are successful you can move over to Spain and then you will need to apply for residency within the first month. 

If you have an Irish passport the above advice does not apply.

Steve 

Hi tebo 53 many thanks for your help kind regards steve and jan 

steve and jan

Posted: Fri Jul 23, 2021 9:15am

steve and jan

Original Poster

Posts: 110

24 helpful points

Location: Punta Prima

Joined: 8 Oct 2020

Posted: Fri Jul 23, 2021 9:15am

GrahamLynn wrote on Thu Jul 22, 2021 4:29pm:

Agree with Steve, you  most definitely should have applied for residency last year.

Unfortunately you have now left it too late to apply for residency in Spain

You need to have applied for residency in Spain pre Brexit to enable you to remain in Spain whilst the residency process was going through.

If you have not done that  then you are only allowed to remain in the Schengen area following the 90/180 day rule. Any longer than that, you run the risk of not being allback into the Schengen area for an extended period. That would not look favourable on a residency application.

You therefore have to start your residency application in the U.K. by obtaining a NLV

You will also need to be registered on the padron, have private healthcare in place and unfortunately the amount of income you need to prove has doubled since Brexit.

Lynn

Hi Lynn ,many thanks for the info kind regards ,steve and jan 

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PeterPan

Posted: Fri Jul 23, 2021 12:46pm

PeterPan

Very helpful member

Posts: 641

582 helpful points

Location: Almoradí

Joined: 1 Aug 2020

Posted: Fri Jul 23, 2021 12:46pm

steve and jan wrote on Thu Jul 22, 2021 2:43pm:

Hi ,our names are Steve and Jan ,we bought our house in Punta Prima last year ,we where advised then not to apply for residency  as there was a back log ,we had good advise from Kimmi on this forum before can someone please advise if we can apply for residency now ,kind regards ,Steve and Jan

There are a number of people currently applying for residency. take a look at the guide at How to apply for a Non-Lucrative visa (NLV)

People are sharing their experiences in the comments after the guide. I'm sure that you'll get good advice from them.

BTW It looks like there's still a backlog and appointments are difficult to get in the all consulates. Which part of he UK do you live in?

dinnerout

Posted: Fri Jul 23, 2021 2:39pm

dinnerout

Legendary helpful member

Posts: 2190

2447 helpful points

Location: Beniarbeig

Joined: 18 Sep 2015

Posted: Fri Jul 23, 2021 2:39pm

steve and jan wrote on Thu Jul 22, 2021 2:43pm:

Hi ,our names are Steve and Jan ,we bought our house in Punta Prima last year ,we where advised then not to apply for residency  as there was a back log ,we had good advise from Kimmi on this forum before can someone please advise if we can apply for residency now ,kind regards ,Steve and Jan

Hi Steve and Jan, I may be wrong but I seem to recall you either started or contributed to a similar thread a few months ago where advice on Residency was discussed at length? If you are still living in Spain I'm afraid you are in breach of the immigration rules.

Steve

Kimmy11

Posted: Sat Jul 24, 2021 8:22pm

Kimmy11

Legendary helpful member

Posts: 6870

12563 helpful points

Joined: 8 Aug 2017

Posted: Sat Jul 24, 2021 8:22pm

steve and jan wrote on Thu Jul 22, 2021 2:43pm:

Hi ,our names are Steve and Jan ,we bought our house in Punta Prima last year ,we where advised then not to apply for residency  as there was a back log ,we had good advise from Kimmi on this forum before can someone please advise if we can apply for residency now ,kind regards ,Steve and Jan

I'd like to make it clear that it wasn't this "Kimmy" who advised Steve and Jan not to apply for residency.  The advice I gave was that, based on the information they provided at the time, they were unlikely to qualify for residency under the terms of the Withdrawal Agreement, but they could apply for a Spanish visa, providing they could meet the much higher financial requirements.  They were supposed to be seeing their lawyer in May - had they met the requirements for pre-Brexit residency, their lawyer should have advised them to make the application at that time.

Steve and Jan collected the keys to their Spanish property on 16 November 2020 and only stayed 1 week before returning to the UK.  My response was:

Posted: Sun Apr 18, 2021 7:02pm

"Hi Steve and Jan,

From what you've said, it's highly unlikely that you would qualify for residency under the Withdrawal Agreement - had you stayed in Spain for the remainder of 2020, you would probably have had bank transactions here that proved you were living here - unless you had stayed in Spain for an extended period earlier in the year?

Assuming you'll be applying under the post-Brexit terms of Spanish visas for Third Country Nationals, the financial requirements will be much higher.  In this instance, your initial application has to be made at a Spanish embassy or consulate in the UK (London, Manchester and Edinburgh), so when you say you're seeing your solicitor next month, I assume they're in the UK?

Kind regards,

Kim"

dinnerout

Posted: Sat Jul 24, 2021 8:56pm

dinnerout

Legendary helpful member

Posts: 2190

2447 helpful points

Location: Beniarbeig

Joined: 18 Sep 2015

Posted: Sat Jul 24, 2021 8:56pm

Kimmy11 wrote on Sat Jul 24, 2021 8:22pm:

I'd like to make it clear that it wasn't this "Kimmy" who advised Steve and Jan not to apply for residency.  The advice I gave was that, based on the information they provided at the time, they were unlikely to qualify for residency under the terms of the Withdrawal Agreement, but they could...

... apply for a Spanish visa, providing they could meet the much higher financial requirements.  They were supposed to be seeing their lawyer in May - had they met the requirements for pre-Brexit residency, their lawyer should have advised them to make the application at that time.

Steve and Jan collected the keys to their Spanish property on 16 November 2020 and only stayed 1 week before returning to the UK.  My response was:

Posted: Sun Apr 18, 2021 7:02pm

"Hi Steve and Jan,

From what you've said, it's highly unlikely that you would qualify for residency under the Withdrawal Agreement - had you stayed in Spain for the remainder of 2020, you would probably have had bank transactions here that proved you were living here - unless you had stayed in Spain for an extended period earlier in the year?

Assuming you'll be applying under the post-Brexit terms of Spanish visas for Third Country Nationals, the financial requirements will be much higher.  In this instance, your initial application has to be made at a Spanish embassy or consulate in the UK (London, Manchester and Edinburgh), so when you say you're seeing your solicitor next month, I assume they're in the UK?

Kind regards,

Kim"

It rang a bell with me because I had good friends in the UK called Steve and Jan.

GrahamLynn

Posted: Sun Jul 25, 2021 8:30am

GrahamLynn

Legendary helpful member

Posts: 2528

2373 helpful points

Location: El Raso

Joined: 9 Jul 2017

Posted: Sun Jul 25, 2021 8:30am

Well said both Steve & Kim.

How frustrating to waste your valuable time in having to repeat your answers to someone who obviously doesn’t want to listen.

If they had an appointment with their solicitor in May, they should be taking  advice from their solicitor. But as they are still asking for advice on here. I would advise them to find a new lawyer.

The OP Is in for a massive shock if they think they can bypass Spanish Red Tape.

Lynn

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