Residencia & the Corona Virus

Fresh wrote on Fri Apr 17, 2020 12:07pm:

Hi Andy

I’m replying for 2 reasons.

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1. To express my support

2. So this message is ‘saved’ for future reference

Raab, sadly, was not sympathetic on the issue.  The UK apparently needs to go it alone to have the flexibility to.... well he wasn’t clear on what.  Presumably to miss out on CV19 testing and ventilator provision, and to impose sanctions on its own ailing economy.

With the large conservative majority, I think you’ve probably wasted a stamp.  But I’ll write to my MP nevertheless.

Andy56 wrote on Thu Apr 16, 2020 10:01pm:

Hi All

It is my intention to move to Spain permanently with my family and we were ready to start the process of getting our residency application in this Easter. We are currently in the UK and clearly, with the travel restrictions bought on by the Corona Virus we are now in limbo. And with the Conservat...

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...ive Government's insistence they will not delay the extension the possibility suddenly looms large that we may not be able to complete our application in time.

Even if we get back to Spain can you imagine the rush to get applications in? The crux of the matter, which most people will be aware of, is that after Britain leaves the UK only those who already have residency here  will be entitled to Spanish healthcare. For everyone else its private insurance which for many would be prohibitively expensive. And for those with pre-existing health problems it may well be impossible to get cover at all.     

Can everyone in this position please write to their MP (particularly if they are Conservative) and ask for their help. Its really important if you want to move to Spain!

I wrote this letter to my MP. Anyone is welcome to cut and paste it if they wish. Your MP will publish their email address on their website.

'It is with alarm and disbelief that I read about your government’s plan not to extend the December deadline for leaving the EU.
Are you aware that many hundreds and probably thousands of people in the UK are planning to make Europe their new home before the December deadline? Because of Coronavirus virus related travel restrictions these people (me and my family included) may be forced to abandon their dreams.
My family and I decided to move to Spain and our plans were to complete all the paperwork this summer. Whether this will now be possible I don’t know.
Can I ask you whether your government will do anything to help people in our position? To be clear, as a member of the EU we will be entitled to health care in Spain for the rest of their lives. Without this safety net we simply cannot go.I know many, many people in the same position and there is real anxiety that the government’s position will cost us dear.I write in hope that my family and others in our position are given some much needed support.'
Thank you for your support and good luck to all who are trying to sort out their move to Spain.
Andy

Maggiep wrote on Fri Apr 17, 2020 12:43pm:

Hi Andy. We purchased a property in February, hoping to move back in a June permanently get our residencia sorted and all before the last day of the year. It’s looking unlikely it’s going to happen, if it does well we will go asap if not then we will have to put our property back on the marke...

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...t selling at a loss. As pensioners we will not be able to afford to live there as we won’t meet the criteria required. 

It’s so worrying and heartbreaking. But I’m going to write to my MP now. Let’s get the ball rolling 

I wish us all good luck, good health and a lovely life in the sun

Andy56 wrote on Fri Apr 17, 2020 1:01pm:

I’m really sorry to hear that but don’t be too pessimistic, there’s still 8 months to go before the deadline.  It’s been our dream to live in Spain and I’m not going down without a fight!

I’ll keep you posted and I wish you all the best. 

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Andy

DarioMartin wrote on Fri Apr 17, 2020 9:02pm:

Hi Andy,

I just need to clear up a misconception regarding healthcare.  Residencia does not automatically qualify you for Spanish healthcare.  You must HAVE healthcare before you can apply for Residencia.  This is achieved in 3 ways:

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1.  By being retired and providing an S1 form from DWP

2.  By obtaining Private healthcare valid for at least one year

3.  By being employed on contract, or being self-employed and so paying Autónomo.  It is the payment of autónomo that will qualify you for Spanish healthcare once Residencia is granted.

Once you have had Residencia 5 years, only then do you automatically qualify for Spanish healthcare, irrespective of autónomo being paid.

Post transition period, you will not apply for Residencia as UK will be a third country.  At this stage, we are lead to believe you would apply under the General immigration regime, which places an income requirement almost 3 times the current requirement to qualify.  At current it is 9.050€ per person applying annual average bank balance (or 5300€ each if a couple) 

Post transition period, that requirement changes to an annual income of 27.000€

Andy56 wrote on Sat Apr 18, 2020 5:13am:

Hi Dario Thanks for clarification. I guess I was a little unclear in my post but the bottom line is Residencia gives you the route into life long free healthcare and of course the option to stay in Spain 365 days a year. Without it (after Brexit) you will only be entitled to stay for 90 consecuti...

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...ve days. Also, I think I am right in saying the healthcare kicks in after one year not five. I’ll check this tomorrow but that was certainly my impression having read rules. Regards Andrew

DarioMartin wrote on Sat Apr 18, 2020 9:36am:

Having been here a while now, and having assisted a few people with their applications, I can assure you it is 5 years.

After 1 year of legal residency, you MAY qualify for the Convenio Especial, which is for those that cannot afford healthcare, but it is means tested.

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Healthcare is after 5 years, because after 5 years you apply to become permanent resident.  Up to that point you are a provisional or temporary resident and so are obliged to provide healthcare in one of the three ways mentioned above.   Under the Residencia rules, until you have been resident in Spain 5 years, you are restricted not only in terms of healthcare but also how long you may be outside the country.  For the first 5 years, you may be absent from Spain for a maximum of 182 days in any one year, meaning you must be in Spain 183 days a year.  If you do not stay in Spain for 183 days a year, you forfeit your Residencia.

Residencia is what allows you to spend more than 90 days in any 180 day period in Spain; this is true already for UK passport holders - freedom of movement allows you 90 days in any 180 day period without Residencia.

Post transition, without Residency permission, you will still only have 90 days in any 180 day period, but a TIE (Tarjeta Identidad de Extranjero) will give you temporary residence for the first 5 years.  As well as financial requirements, the requirements to stay in the country become stricter.  Under General Immigration Regime, you may not be absent from Spain for more than a total of 6 months in a 5 year period.  Again once you reach the 5 year point, you may apply for permanent residency.