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Spain after Brexit - Page 2

Jenni

Posted: Tue Nov 17, 2020 11:55am

Jenni

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Posts: 1293

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Location: Oria

Joined: 14 Dec 2017

Posted: Tue Nov 17, 2020 11:55am

Hi Dario,

Well if this info you have been given does hold water then the whole thing is a joke, because if all they have to do is 'stay under the radar for 3 years and then they become resident, then I wonder what is the point of the rest of us ticking all the boxes, jumping thru hoops all these years. I assume though if they then do become resident will they have to pay taxes like the rest of us, or will they be allowed to jump on the benefit bandwagon. Ummmmmmmmmmm.  Once this 3 years loop hole becomes known then Spain can look forward to a influx of people who cannot fulfil the financial criteria coming for a holiday and just staying. So what's changed!!!!!!

Thanks for the reply

Jenni

DarioMartin

Posted: Tue Nov 17, 2020 12:29pm

DarioMartin

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Posts: 5399

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Location: Vera

Joined: 16 Aug 2017

Posted: Tue Nov 17, 2020 12:29pm

Jenni wrote on Tue Nov 17, 2020 11:55am:

Hi Dario,

Well if this info you have been given does hold water then the whole thing is a joke, because if all they have to do is 'stay under the radar for 3 years and then they become resident, then I wonder what is the point of the rest of us ticking all the boxes, jumping thru hoops all these years. I a...

...ssume though if they then do become resident will they have to pay taxes like the rest of us, or will they be allowed to jump on the benefit bandwagon. Ummmmmmmmmmm.  Once this 3 years loop hole becomes known then Spain can look forward to a influx of people who cannot fulfil the financial criteria coming for a holiday and just staying. So what's changed!!!!!!

Thanks for the reply

Jenni

There was the provision though of "not being caught".  With greater reward I fear comes greater risk and it is most likely why not too many Third Country Nationals try it - because if you are caught, it's not just a hefty fine, it's likely a ban from re-entering anywhere in the Schengen  zone, not just Spain, from 2 years up to life.

I don't think this gambit will become well known - yes I've posted it here, but with the warning that whilst its provenance is solid, I cannot attest to its veracity.  The person from whom I got the information may have been misled ... it would be a hell of a risk to take wouldn't it?  I mean, we know how contrary and mercurial Spanish officialdom can be - would be a brave Brit TCN that waltzes into an Extranjeria office and says "Been here three years, you haven't caught me, residency please ...." ... I can imagine how well that would go down.  Not.

I dare suggest that those wishing to avail themselves of this apparent loophole would need seek the assistance of the legal profession, and someone VERY well versed in immigration laws - which of course being Spain will be a long drawn out and protracted affair and will doubtless cost a good deal of money.

Jenni

Posted: Tue Nov 17, 2020 1:15pm

Jenni

Super helpful member

Posts: 1293

1002 helpful points

Location: Oria

Joined: 14 Dec 2017

Posted: Tue Nov 17, 2020 1:15pm

DarioMartin wrote on Tue Nov 17, 2020 12:29pm:

There was the provision though of "not being caught".  With greater reward I fear comes greater risk and it is most likely why not too many Third Country Nationals try it - because if you are caught, it's not just a hefty fine, it's likely a ban from re-entering anywhere in the Schengen ...

...; zone, not just Spain, from 2 years up to life.

I don't think this gambit will become well known - yes I've posted it here, but with the warning that whilst its provenance is solid, I cannot attest to its veracity.  The person from whom I got the information may have been misled ... it would be a hell of a risk to take wouldn't it?  I mean, we know how contrary and mercurial Spanish officialdom can be - would be a brave Brit TCN that waltzes into an Extranjeria office and says "Been here three years, you haven't caught me, residency please ...." ... I can imagine how well that would go down.  Not.

I dare suggest that those wishing to avail themselves of this apparent loophole would need seek the assistance of the legal profession, and someone VERY well versed in immigration laws - which of course being Spain will be a long drawn out and protracted affair and will doubtless cost a good deal of money.

Yes I see  your point, but.......... people get desperate, dream of living the simple life in the sun, desperate people do desperate things, I cant see anyone that has any sense walking into the Extranjeria, and demanding residency,(if they do I would love to be a fly on the wall) but let say some brave sole did, then the can of worms it would open up is unimaginable, they would be here for years on the pretence of fighting their rights.

We will have sit back  and wait see if this happens.

chrisso50

Posted: Tue Nov 17, 2020 7:19pm

chrisso50

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Posts: 1111

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Location: Roquetas de Mar

Joined: 23 Jul 2018

Posted: Tue Nov 17, 2020 7:19pm

Jenni wrote on Tue Nov 17, 2020 1:15pm:

Yes I see  your point, but.......... people get desperate, dream of living the simple life in the sun, desperate people do desperate things, I cant see anyone that has any sense walking into the Extranjeria, and demanding residency,(if they do I would love to be a fly on the wall) but let sa...

...y some brave sole did, then the can of worms it would open up is unimaginable, they would be here for years on the pretence of fighting their rights.

We will have sit back  and wait see if this happens.

Aside from being stopped and (as is legally required) producing the legal certification of residency they don’t possess - as soon as they leave for a trip to the U.K. their passport will be stamped (Spain confirmed yesterday that TCNs without residence, so tourists, will have their passport stamped) and they will potentially be unable to get back into Spain at a future date.

Chris

DarioMartin

Posted: Tue Nov 17, 2020 7:29pm

DarioMartin

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Posts: 5399

6439 helpful points

Location: Vera

Joined: 16 Aug 2017

Posted: Tue Nov 17, 2020 7:29pm

chrisso50 wrote on Tue Nov 17, 2020 7:19pm:

Aside from being stopped and (as is legally required) producing the legal certification of residency they don’t possess - as soon as they leave for a trip to the U.K. their passport will be stamped (Spain confirmed yesterday that TCNs without residence, so tourists, will have their passport sta...

...mped) and they will potentially be unable to get back into Spain at a future date.

Chris

And another thought occurred - assuming these people drive, if/when they are stopped and asked for their licence ... if they produce a UK licence they are now on very dodgy ground if the Oficial decides to start asking why they are driving presumably a Spanish reg car on a UK licence ... or if it’s a UK reg car, where their IDP is, and can I see your passport please .....

EDIT:  *thinks* if they were on a UK licence, they’d either need Residencia / TIE to back it up or  have an IDP anyway .....

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chrisso50

Posted: Tue Nov 17, 2020 10:29pm

chrisso50

Super helpful member

Posts: 1111

1342 helpful points

Location: Roquetas de Mar

Joined: 23 Jul 2018

Posted: Tue Nov 17, 2020 10:29pm

DarioMartin wrote on Tue Nov 17, 2020 7:29pm:

And another thought occurred - assuming these people drive, if/when they are stopped and asked for their licence ... if they produce a UK licence they are now on very dodgy ground if the Oficial decides to start asking why they are driving presumably a Spanish reg car on a UK licence ... or if it...

...’s a UK reg car, where their IDP is, and can I see your passport please .....

EDIT:  *thinks* if they were on a UK licence, they’d either need Residencia / TIE to back it up or  have an IDP anyway .....

Yes, you can’t get a Spanish licence unless legally living here. So if you don’t have one, you are just a U.K. visitor or an illegal over-stayer. And the Trafico police will be looking out for U.K. reg vehicles...

Chris

pah1547

Posted: Wed Nov 18, 2020 12:04am

pah1547

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Posts: 324

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Location: Huércal-Overa

Joined: 31 Mar 2016

Posted: Wed Nov 18, 2020 12:04am

chrisso50 wrote on Tue Nov 17, 2020 10:29pm:

Yes, you can’t get a Spanish licence unless legally living here. So if you don’t have one, you are just a U.K. visitor or an illegal over-stayer. And the Trafico police will be looking out for U.K. reg vehicles...

Chris

Not before time either. I know a lot of people have matriculated their cars but there are still an awful lot who think the rules don't apply to them. Wonder how many of these cars are legally MOT'd otherwise no insurance either?

DarioMartin

Posted: Wed Nov 18, 2020 6:59am

DarioMartin

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Posts: 5399

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Location: Vera

Joined: 16 Aug 2017

Posted: Wed Nov 18, 2020 6:59am

pah1547 wrote on Wed Nov 18, 2020 12:04am:

Not before time either. I know a lot of people have matriculated their cars but there are still an awful lot who think the rules don't apply to them. Wonder how many of these cars are legally MOT'd otherwise no insurance either?

If car is matriculated, it’ll be on Spanish plates ... so post 31/12, having UK plates on a vehicle will be like driving around with a huge target painted on you and a glowing neon sign saying “STOP ME”

Jenni

Posted: Wed Nov 18, 2020 10:21am

Jenni

Super helpful member

Posts: 1293

1002 helpful points

Location: Oria

Joined: 14 Dec 2017

Posted: Wed Nov 18, 2020 10:21am

chrisso50 wrote on Tue Nov 17, 2020 7:19pm:

Aside from being stopped and (as is legally required) producing the legal certification of residency they don’t possess - as soon as they leave for a trip to the U.K. their passport will be stamped (Spain confirmed yesterday that TCNs without residence, so tourists, will have their passport sta...

...mped) and they will potentially be unable to get back into Spain at a future date.

Chris

Yes but if they never go on a trip to the UK, then how will they find them, I wondered if they would trace people thru card payments at the supermarket, I haven't thought this thru so not sure how it would work, they would need the co=operation of the banks to do this. 

John99andrew

Posted: Wed Nov 18, 2020 10:58am

John99andrew

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Posts: 784

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Location: Mojacar

Joined: 29 Nov 2017

Posted: Wed Nov 18, 2020 10:58am

Jenni wrote on Wed Nov 18, 2020 10:21am:

Yes but if they never go on a trip to the UK, then how will they find them, I wondered if they would trace people thru card payments at the supermarket, I haven't thought this thru so not sure how it would work, they would need the co=operation of the banks to do this. 

It just looks as if the police and Gaurdia ar not interested about all these uk plated cars running about for years, and we all know that a lot of these cars have not been back to the uk for years so they are not insured or mot, it's just a slap in the face to all of us that stick to the law, also I pay my taxes how many people over here are living under the radar and have never paid there way, Spain taxes etc it's about time the Spanish goverment sent them back to the uk.

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