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Hi
If the UK leaves the EU without a deal, any UKnational residing in Spain before the date the UKleaves will be considered legally resident for a period of 21 months, irrespective of whether they currently hold a residency document.
I recently saw this on gov.co.uk
I was considering arriving before 31st October because looking as this it seems fairly plain and simple compared to other things I’ve read
What are your thoughts ?
Regards
Colin
Simply being here is not the same as residing beit legally or otherwise so you can't arrive on Oct 30th then later put your hand up and say "I was here".
Furthermore despite what the Spanish or the UK government website say today there are no guarantees that it won't change between now and Oct 31st. (or whenever!) approaches.
Posted: Sat Aug 17, 2019 4:09pm
Legendary helpful member
If you'd looked, you'd have seen it on this forum!:
Nationals of the UK residing in Spain before the date of withdrawal shall be obliged to request ... documentation corresponding to the authorisation of temporary residence ...
Applications must be submitted before the end of the 21 month period commencing after the date of withdrawal.
The procedure for obtaining this authorisation is established according to whether the national of the UK is the holder of a temporary registration certificate obtained before the withdrawal date, or lacks this.
However, the law does not define how to prove you were resident before the Brexit date. In addition, it will be up to the national police stations and foreigners offices as to how they interpret the law. For example, I could make a good case for stating that if you had only been here for less than 90 days before the exit date, then you were here on a stay and not as a resident.
On top of that, the law was issued by the previous government, and there's no guarantee that the present government won't amend or rescind it which, given the intransigence displayed by Boris, I consider quite likely.
Given also that non-EU citizens have to prove not only health cover, but far more significant financial resources than do EU citizens, then I think it is sensible to move here and get a residency certificate before the deadline.
jimtaylor wrote on Sat Aug 17, 2019 4:09pm:
If you'd looked, you'd have seen it on this forum!:
Read more...
Nationals of the UK residing in Spain before the date of withdrawal shall be obliged to request ... documentation corresponding to the authorisation of temporary residence ...
Applications must be submitted before the end of the 21 month period commencing after the date of withdrawal.
The procedure for obtaining this authorisation is established according to whether the national of the UK is the holder of a temporary registration certificate obtained before the withdrawal date, or lacks this.
However, the law does not define how to prove you were resident before the Brexit date. In addition, it will be up to the national police stations and foreigners offices as to how they interpret the law. For example, I could make a good case for stating that if you had only been here for less than 90 days before the exit date, then you were here on a stay and not as a resident.
On top of that, the law was issued by the previous government, and there's no guarantee that the present government won't amend or rescind it which, given the intransigence displayed by Boris, I consider quite likely.
Given also that non-EU citizens have to prove not only health cover, but far more significant financial resources than do EU citizens, then I think it is sensible to move here and get a residency certificate before the deadline.
Jim I admire. other´s including "Gov" UK etc........since 2016. There is (& I listen very carefully!). The one word "categorically" is regularly used by politicians & very much in Spain & the UK parliament ( when they´re not off on vacaciones).
I´m sure all here & abroad, when heard the word "categorically", we, on whichever side of the fence, or live in Europe,....... we know.....I hope.
Or is it just me?
Villas
Posted: Sat Aug 17, 2019 10:17pm
Super helpful member
We will have to go to our local police station to change our green cards.
Let's hope they have the staff and systems to cope.
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