Money required for a residency - Page 2

Thanks for that info

Hi Kimmy ,many thanks for the reply ,we had the keys for the house on 16-11-2020 stayed there for a week ,then came back due to covid ,we are hopefully seeing our solictor on 17-5-2021 to apply for residency , there are also so many different requirments for income i have asked for confirmation but he has not yet informed us,kind regards ,steve and jan 

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

Hi Kim ,many thanks for the reply ,we have been paying  utility bills for the house  and have bank accounts ,  could not stay longer  because of corvid ,we are seeing our solicitor in Spain on hopefully 17-51-2021 kind regards ,steve and jan

Hi Steve and Jan, sorry to hear about your delay.

Having reviewed the information available I'm sorry to say it but it looks to me that you have no chance of being accepted for Residency under the Withdrawal Agreement. The reason I say this is that you would have to show bank statement copies showing continuous local transaction up to 31.12.20 plus having a healthcare arrangement in place, either private or via S1. 

Without these I'm sorry to say i think you'd be wasting money using a Spanish Abogado to pursue it. A good Abogado would tell you what I've told you but there are plenty who will happily take your money only to tell you at a later date it was a lost cause.

Steve

Hi Steve ,many thanks for your very informed message ,lawyers are still advervising concerning residency ,also why can eu migrants get residency in the uk  ?? , what is spain going to do when the people have retired there come back to the uk or die ,i read pensioners bring 18 billion a year to spain ,as you can tell i am not happy ,but many thanks for your reply 

I understand your frustration. My point is that without the necessary qualifying paperwork you will 100% be wasting money appealing through Spanish solicitors. If you're determined to pursue it in the absence of paperwork at least when you're refused you'll be able to remember that at least two people here recommended against it.

You said you returned to the UK because of Covid. Most people returned to their permanent homes at the start of Covid restrictions, unless I'm wrong this suggests that at that time you considered your UK home to be your primary residence, perhaps I'm wrong.

Regarding your other points, EU residents can apply for Residency in the UK and UK residents can apply for residency in the EU. The qualification criteria are different as different countries make their own rules.

Maybe in time Spain will relax the criteria, we just have to wait and see.

Your point about people retired in Spain has me a bit confused as they have already met the Residency criteria. The bar hasn't changed for them. Some return to the UK for a variety of reasons, eg the death of a spouse, some are returning because they have been here under the radar, as are many below retirement age.

We'll have to see how things pan out, but when the pandemic is over Spain will still be a popular destination for holidays, second home ownership and permanent living because of the weather and flight times. Among other things.

A lot of people are a bit hostile to Spain but really, criteria apart, it's the UK that voted to leave the EU. Spain did not vote in the Referendum. 

Steve

Hi Steve again thanks for the reply , what about all the brits that have not got residency and have been in the  27 eu countries since 1-1-2021 and have not returned before 31-3-2021 ,i have not seen a massive influx of people ,are they going to be deported ,kind regards steve

I'm not certain what you're getting at but what you appear to be suggesting is that people who arrived here between 1.1.21 and 31.3.21 should qualify for residency.

On that basis alone they don't qualify but feel free to clarify your meaning if I've misunderstood. 

Movement is down between the countries mainly due to Covid restrictions and entry/exit requirements set by the UK and Spanish governments so you are right to observe that there hasn't been an influx of people to Spain. 

Again, I have sympathy,  please dont think otherwise,  but we can only comment on the information in front of us. If you have a home in the UK it might be better to wait until the situation settles, who knows, maybe Spain will announce a reduction in the qualification criteria at some point.

Steve

Hi steve ,in my first paragraph i meant what about people who have been in spain living without residency continuously and have stayed from 1-1-2021 till 31-3-2021 ,more than the allowed 90 days and have not returned to the uk are they going to be deported .kind regards steve