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THINKING OF MOVING TO MOJACAR

Posted: Sat Jun 5, 2021 12:24am
15 replies714 views7 members subscribed
Patsysbliss

Posts: 18

3 helpful points

Location: Zúrgena

Joined: 5 Feb 2019

We've been thinking of moving to Spain for some time now, but were hindered with a family problem here in the UK.  Now that that's resolved, we can continue with our search.  We're looking in the La Parata area of Mojacar.  We were in the area a few years back,  so we're sort of familiar with the area.  We think with the new rules being implemented on length of stay, that this might present a problem for my partner, he's on a Brit passport and, we understand he will have to leave the country every 3 months.  I am ok as I am on an Irish passport.  Would we have to have private medical insurance, as we're both retired now?  Any help/advice anyone can offer, would be most welcome.

Kind regards Tricia

Alicia 11

Posted: Sat Jun 5, 2021 9:41am

Alicia 11

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Posts: 2112

1784 helpful points

Location: Mojacar

Joined: 30 Sep 2019

Posted: Sat Jun 5, 2021 9:41am

you will have to be residents to be on the Spanish health system and retired.  You will be able to come on your Irish passport but your husband will have to satisfy all the rules on income and have private health insurance to be able to become a resident or as you say he would have to leave every 90 days and not return to the Schengen areas for 90 days which would make for an awkward way of life.  driving you will need to take a Spanish driving test to get a licence as you can't swap your UK ones now.  The amount of income you need to come here now has been well documented on this forum check out Dario's posts for more details.  it is do able still but with a lot of hurdles to jump. 

Patsysbliss

Posted: Sat Jun 5, 2021 10:30am

Patsysbliss

Original Poster

Posts: 18

3 helpful points

Location: Zúrgena

Joined: 5 Feb 2019

Posted: Sat Jun 5, 2021 10:30am

Alicia 11 wrote on Sat Jun 5, 2021 9:41am:

you will have to be residents to be on the Spanish health system and retired.  You will be able to come on your Irish passport but your husband will have to satisfy all the rules on income and have private health insurance to be able to become a resident or as you say he would have to leave ...

...every 90 days and not return to the Schengen areas for 90 days which would make for an awkward way of life.  driving you will need to take a Spanish driving test to get a licence as you can't swap your UK ones now.  The amount of income you need to come here now has been well documented on this forum check out Dario's posts for more details.  it is do able still but with a lot of hurdles to jump. 

wow that's been very enlightening Alicia.  Too many hurdles for us to jump for us.  Portugal is our next choice.  Many thanks for your help.

Kind regards

EndEx

Posted: Sat Jun 5, 2021 1:17pm

EndEx

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Posts: 75

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Location: Arboleas

Joined: 24 Nov 2020

Posted: Sat Jun 5, 2021 1:17pm

Sorry but that's incorrect, the original post said 'Partner', not husband.

However, even so;  if it's a Spouse or legally recognised Partner of an EU Passport holder but they hold a UK Passport, as in the OP's  case, they are entitled to exactly the same as the EU Passport holder spouse.

https://europa.eu/youreurope/citizens/residence/family-residence-rights/non-eu-wife-husband-children/index_en.htm

The same as in my case,  Me & the wife;   we both have UK Passports, I also have an Irish Passport, she is entitled to everything that I am. Here's the official Government extract:    (Now fill ya boots and move to Spain)

Alicia 11

Posted: Sat Jun 5, 2021 2:20pm

Alicia 11

Super helpful member

Posts: 2112

1784 helpful points

Location: Mojacar

Joined: 30 Sep 2019

Posted: Sat Jun 5, 2021 2:20pm

EndEx wrote on Sat Jun 5, 2021 1:17pm:

Sorry but that's incorrect, the original post said 'Partner', not husband.

However, even so;  if it's a Spouse or legally recognised Partner of an EU Passport holder but they hold a UK Passport, as in the OP's  case, they are entitled to exactly the same as the EU Passport holder spouse.

https://europa.eu/youreurope/citizens/residence/family-residence-rights/non-eu-wife-husband-children/index_en.htm

The same as in my case,  Me & the wife;   we both have UK Passports, I also have an Irish Passport, she is entitled to everything that I am. Here's the official Government extract:    (Now fill ya boots and move to Spain)

good to know that is the case for all that have the Irish connections but the driving licence rules still apply though.

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Patsysbliss

Posted: Sat Jun 5, 2021 4:54pm

Patsysbliss

Original Poster

Posts: 18

3 helpful points

Location: Zúrgena

Joined: 5 Feb 2019

Posted: Sat Jun 5, 2021 4:54pm

Alicia 11 wrote on Sat Jun 5, 2021 2:20pm:

good to know that is the case for all that have the Irish connections but the driving licence rules still apply though.

ahh it's still no good for us as we're not registered as partners.  Although we've been together for 34 years.

Juliet Diaz

Posted: Sun Jun 6, 2021 9:31am

Juliet Diaz

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Posts: 243

304 helpful points

Location: Vera Playa

Joined: 23 Aug 2019

Posted: Sun Jun 6, 2021 9:31am

EndEx wrote on Sat Jun 5, 2021 1:17pm:

Sorry but that's incorrect, the original post said 'Partner', not husband.

However, even so;  if it's a Spouse or legally recognised Partner of an EU Passport holder but they hold a UK Passport, as in the OP's  case, they are entitled to exactly the same as the EU Passport holder spouse.

https://europa.eu/youreurope/citizens/residence/family-residence-rights/non-eu-wife-husband-children/index_en.htm

The same as in my case,  Me & the wife;   we both have UK Passports, I also have an Irish Passport, she is entitled to everything that I am. Here's the official Government extract:    (Now fill ya boots and move to Spain)

Morning!

I'm not sure that is entirely correct if the partners are not married. I live with my partner in Spain (both residents). He is about to receive his S1 but unless we marry I will not be entitled to 'piggy back' on it. Similarly, we have come across many other legal situations in Spain where as partners we do not share the rights of a married couple. Some of the problems this causes can be overcome by formally registering as 'pareja de hecho' but that would still not allow me to access public health care. Also, if a couple are not married, inheritance can become very complicated as there are strict rules regarding how an estate is bequeathed which can potentially cause problems for unmarried couples (for example, if one of the partners owned a property in their name only and they had children, they would not be allowed to bequeath 100% of the property to their partner.) This is a very complicated issue and I am not an expert, just telling you what our experiences have been, and of course, this being Spain, there could be variations between regions. My advice would be to take professional advice especially regarding inheritance and taxation before making a final decision.

EndEx

Posted: Sun Jun 6, 2021 12:45pm

EndEx

Helpful member

Posts: 75

83 helpful points

Location: Arboleas

Joined: 24 Nov 2020

Posted: Sun Jun 6, 2021 12:45pm

Juliet Diaz wrote on Sun Jun 6, 2021 9:31am:

Morning!

I'm not sure that is entirely correct if the partners are not married. I live with my partner in Spain (both residents). He is about to receive his S1 but unless we marry I will not be entitled to 'piggy back' on it. Similarly, we have come across many other legal situations in Spain where as par...

...tners we do not share the rights of a married couple. Some of the problems this causes can be overcome by formally registering as 'pareja de hecho' but that would still not allow me to access public health care. Also, if a couple are not married, inheritance can become very complicated as there are strict rules regarding how an estate is bequeathed which can potentially cause problems for unmarried couples (for example, if one of the partners owned a property in their name only and they had children, they would not be allowed to bequeath 100% of the property to their partner.) This is a very complicated issue and I am not an expert, just telling you what our experiences have been, and of course, this being Spain, there could be variations between regions. My advice would be to take professional advice especially regarding inheritance and taxation before making a final decision.

That's because, as you say, you are not 'legally' recognised as partners.  That's why we have legal procedures, additional to weddings, called 'civil partnerships', its a modern way of forming a recognised partnership outside marriage.  Religious ceremonies these days can be restrictive when it comes to otherwise modern relationships, same sex, gender etc? 

The original poster said 'Partner', which in both UK and Spanish law means 'didley squat' these days without the legally recognised certificate!!

No need to pay for legal advice from a petitfogger, the info is there in my attachment. Keep it simple and it'scorrect.

Patsysbliss

Posted: Sun Jun 6, 2021 1:05pm

Patsysbliss

Original Poster

Posts: 18

3 helpful points

Location: Zúrgena

Joined: 5 Feb 2019

Posted: Sun Jun 6, 2021 1:05pm

EndEx wrote on Sun Jun 6, 2021 12:45pm:

That's because, as you say, you are not 'legally' recognised as partners.  That's why we have legal procedures, additional to weddings, called 'civil partnerships', its a modern way of forming a recognised partnership outside marriage.  Religious ceremonies these days can be restrictive...

... when it comes to otherwise modern relationships, same sex, gender etc? 

The original poster said 'Partner', which in both UK and Spanish law means 'didley squat' these days without the legally recognised certificate!!

No need to pay for legal advice from a petitfogger, the info is there in my attachment. Keep it simple and it'scorrect.

Actually a "partner" is legally recognised in the UK.  We drew up a Deed of Trust 34 years ago, setting out everything legally.

EndEx

Posted: Sun Jun 6, 2021 1:15pm

EndEx

Helpful member

Posts: 75

83 helpful points

Location: Arboleas

Joined: 24 Nov 2020

Posted: Sun Jun 6, 2021 1:15pm

Patsysbliss wrote on Sun Jun 6, 2021 1:05pm:

Actually a "partner" is legally recognised in the UK.  We drew up a Deed of Trust 34 years ago, setting out everything legally.

Which is what I say, read it??  A 'partnership' without supporting certificate is not a partnership in the eyes of the law.  Yours is certified is it not?

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