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
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
Posted: Thu Jul 22, 2021 4:29pm
Legendary helpful member
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
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.
Read more...
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
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
Read more...
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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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?
Posted: Fri Jul 23, 2021 2:39pm
Legendary helpful member
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
Posted: Sat Jul 24, 2021 8:22pm
Legendary helpful member
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"
Posted: Sat Jul 24, 2021 8:56pm
Legendary helpful member
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...
Read more...
... 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.
Posted: Sun Jul 25, 2021 8:30am
Legendary helpful member
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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