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Help with getting Spanish residence

Posted: Thu Jan 30, 2020 8:44am
23 replies1014 views8 members subscribed
Andy56

Andy56

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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?  

chrisso50

Posted: Thu Jan 30, 2020 7:48pm

chrisso50

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Posted: Thu Jan 30, 2020 7:48pm

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) ...

...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


Andy56

Posted: Thu Jan 30, 2020 8:32pm

Andy56

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Posted: Thu Jan 30, 2020 8:32pm

Thanks Chris very useful. Much appreciated . Andy 

John99andrew

Posted: Fri Jan 31, 2020 12:44am

John99andrew

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Posted: 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 

chrisso50

Posted: Fri Jan 31, 2020 1:18am

chrisso50

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Posted: Fri Jan 31, 2020 1:18am

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

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Andy56

Posted: Fri Jan 31, 2020 8:01am

Andy56

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Posted: Fri Jan 31, 2020 8:01am

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

chrisso50

Posted: Fri Jan 31, 2020 8:24am

chrisso50

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Posted: Fri Jan 31, 2020 8:24am

Indeed Andy. Congratulations and best wishes for your future life together in Spain!

John99andrew

Posted: Fri Jan 31, 2020 10:06am

John99andrew

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Posted: Fri Jan 31, 2020 10:06am

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

Andy56

Posted: Fri Jan 31, 2020 10:48am

Andy56

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Posted: Fri Jan 31, 2020 10:48am

Thanks for replies. All very useful information. Andy 

PhilBr

Posted: Fri Jan 31, 2020 11:29am

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Posted: Fri Jan 31, 2020 11:29am

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

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