Hi My partner and I have decided to move to Spain but things are complicated! I have owned an apartment near Mojacar for a few years and I’m retired. My partner and I have a ten year old son but we are currently not married. We want to make the transition to Spain this year (because of Brexit) but my partner cannot take the plunge quite let as she has a father alive in U.K. who is 98. My question is if I go ahead and apply for residence status will my partner and son automatically be able to follow suit when the time comes even if it’s after 31st Dec 2020? Can anyone recommend a good local Gester / solicitor to help us with the residency?
Posted: Thu Jan 30, 2020 7:48pm
Super helpful member
Andy56 wrote on Thu Jan 30, 2020 8:44am:
Hi My partner and I have decided to move to Spain but things are complicated! I have owned an apartment near Mojacar for a few years and I’m retired. My partner and I have a ten year old son but we are currently not married. We want to make the transition to Spain this year (because of Brexit) ...
Read more...
...but my partner cannot take the plunge quite let as she has a father alive in U.K. who is 98. My question is if I go ahead and apply for residence status will my partner and son automatically be able to follow suit when the time comes even if it’s after 31st Dec 2020? Can anyone recommend a good local Gester / solicitor to help us with the residency?
Clearly, you would be able, as a UK citizen under the Withdrawal Agreement (WA), to obtain residence in Spain as long as you can
a) apply before 31 Dec 2020 latest !
b) satisfy the income requirements,
c) satisfy the health cover requirements (the latter would require you to take out health cover for the first 12 months, then switch to Convenio Especial cover thereafter).
Your partner and son:
Assuming they arrive in Spain to live with you after 31.12.20 they would only be granted residence under the terms of the WA if they can demonstrate:
a) evidence of their family relationship with you: i.e. birth cert for son with your name on it; civil partnership or marriage certificate, otherwise - evidence of a 'durable relationship'.
b) produce your own residence card as evidence too.
Other proof may be required in specific circumstances, i.e proof of age or dependency.
This just my off the cuff thoughts! Someone may have other thoughts...
You may find the attached guidance (issued today) helpful:
https://britishineurope.org/2020/01/25/wa-residence-rights-procedures/
Chris
Thanks Chris very useful. Much appreciated . Andy
Posted: Fri Jan 31, 2020 12:44am
Helpful member
Chris is correct with what he says the only thing that is not correct is Spain does not recongnise is civil partnership it must be marriage certificate
Posted: Fri Jan 31, 2020 1:18am
Super helpful member
John99andrew wrote on Fri Jan 31, 2020 12:44am:
Chris is correct with what he says the only thing that is not correct is Spain does not recongnise is civil partnership it must be marriage certificate
Actually John, Spain (and the EU - see the Withdrawal Agreement) does recognise relationships other than marriage. And civil partnership! Pareja de hecho means
something like “official couple” and is roughly the equivalent of a
“civil union.” It gives you many of the advantages of being married,
without many of the obligations. One of those advantages is being able to live and work in Spain if your pareja (partner) is a European citizen. Once you have official pareja status, you can apply for a residency permit under the “reuniting with family” process, exactly as if you were married. Similarly, a UK civil partnership would satisfy the authorities. And it's worth pointing out that
same-sex marriage in Spain has been legal since 2005 - ahead of the UK legislation.
The Withrawal Agreement is also now an international treaty. So it's binding. It says that:
"You are a family member if your relationship to that person is one of spouse, registered partner ..."
and
"If you are in an unregistered partnership but are in a 'durable' relationship your partner will keep their right of residence."
So - just for example, a couple might be in a single-sex relationship and unmarried and lack a Pareja de hecho but would be accepted - as long as it could be evidenced that there was an extant durable relationship.
Chris
Advertisement - posts continue below
In my case my partner and I have been living together for eleven years and have a ten year old son. The only reason we are not married is financial wrangles with her former husband! (Ie she is still married to him) I guess our eleven years together would constitute a durable relationship? Andy
Posted: Fri Jan 31, 2020 8:24am
Super helpful member
Indeed Andy. Congratulations and best wishes for your future life together in Spain!
Posted: Fri Jan 31, 2020 10:06am
Helpful member
Actually that is not true I am in a same sex relationship we have been legally living in Spain for two years and we had civil partnership ceromany in the uk about 8 years ago but when we decided to live in Spain to make things legal we had to go back to uk to change our civil partnership to a marrage agreement so I do know what I am talking about ( ie Spanish do not recognise civil partnership)
That is coming first hand from a person that as had to go throu the process
Thanks for replies. All very useful information. Andy
I believe, but not 100% sure, that once you have achieved residency that you are allowed up to 2 years outside the country to care for ageing relatives. So it may be best to get established first and deal with any problems as they develop.
Always check with a Spanish lawyer for the best way forward.
Good luck. Phil
Properties near Mojacar
Latest Brexit and the EU topics
Our sponsors
Find more Brexit and the EU topics from a particular area:
Or view all Brexit and the EU topics in all of Costa de Almería.