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Residencia before Brexit

Posted: Sat Oct 10, 2020 2:22pm
2 replies240 views4 members subscribed
redkevin

Posts: 3

Location: Mojacar

Joined: 29 Aug 2018

My wife and I wish to get to Spain before Brexit. We have a house to sell and jobs to give up, pet to prepare. We intend to rent for 6 months. My question is can my wife who is 66 and getting her pension come out before Brexit and get her Residencia. Then would I be entitled to join her after Brexit and once UK house sold, give up my civil service job, get my civil service pension and lump sum. I'm 64.5 yrs and need 3 months notice to resign. Could I still get Residencia after Brexit and relevant benefits Because my wife has her residencia. Or do I have to get Residencia with my wife before Brexit and then could I be entitled to come back to UK to sell uk house and work my notice, etc. Any advice would be greatly appreciated. We used to live in Cabrera 15 years ago so we know we want to live back in Spain permanently. Covid has ruined our plans to get out sooner. Kevin and Jackie.

DarioMartin

Posted: Sat Oct 10, 2020 11:39pm

DarioMartin

Legendary helpful member

Posts: 5387

6428 helpful points

Location: Vera

Joined: 16 Aug 2017

Posted: Sat Oct 10, 2020 11:39pm

redkevin wrote on Sat Oct 10, 2020 2:22pm:

My wife and I wish to get to Spain before Brexit. We have a house to sell and jobs to give up, pet to prepare. We intend to rent for 6 months. My question is can my wife who is 66 and getting her pension come out before Brexit and get her Residencia. Then would I be entitled to join her after Bre...

...xit and once UK house sold, give up my civil service job, get my civil service pension and lump sum. I'm 64.5 yrs and need 3 months notice to resign. Could I still get Residencia after Brexit and relevant benefits Because my wife has her residencia. Or do I have to get Residencia with my wife before Brexit and then could I be entitled to come back to UK to sell uk house and work my notice, etc. Any advice would be greatly appreciated. We used to live in Cabrera 15 years ago so we know we want to live back in Spain permanently. Covid has ruined our plans to get out sooner. Kevin and Jackie.

If your wife gets Residencia prior to the end of the transition period, you should still be able to gain residence as the dependent / partner of a Spanish Resident ... THAT BEING SAID, so much is changing with Brexit, I would implore you to contact by email someone like C.A.B Spain - or even Mundi Abogados here at Las Buganvillas to make certain that really is the case.

chrisso50

Posted: Sun Oct 11, 2020 11:56pm

chrisso50

Super helpful member

Posts: 1111

1342 helpful points

Location: Roquetas de Mar

Joined: 23 Jul 2018

Posted: Sun Oct 11, 2020 11:56pm

redkevin wrote on Sat Oct 10, 2020 2:22pm:

My wife and I wish to get to Spain before Brexit. We have a house to sell and jobs to give up, pet to prepare. We intend to rent for 6 months. My question is can my wife who is 66 and getting her pension come out before Brexit and get her Residencia. Then would I be entitled to join her after Bre...

...xit and once UK house sold, give up my civil service job, get my civil service pension and lump sum. I'm 64.5 yrs and need 3 months notice to resign. Could I still get Residencia after Brexit and relevant benefits Because my wife has her residencia. Or do I have to get Residencia with my wife before Brexit and then could I be entitled to come back to UK to sell uk house and work my notice, etc. Any advice would be greatly appreciated. We used to live in Cabrera 15 years ago so we know we want to live back in Spain permanently. Covid has ruined our plans to get out sooner. Kevin and Jackie.

"We intend to rent for 6 months. My question is can my wife who is 66 and getting her pension come out before Brexit and get her Residencia. Then would I be entitled to join her after Brexit and once UK house sold, give up my civil service job, get my civil service pension and lump sum. I'm 64.5 yrs and need 3 months notice to resign. Could I still get Residencia after Brexit and relevant benefits Because my wife has her residencia. Or do I have to get Residencia with my wife before Brexit and then could I be entitled to come back to UK to sell uk house and work my notice, etc.

You could do either. As long as your wife obtains residency/TIE status before 31 December you could join her later and get resident status. Alternatively you could come out with her, obtain residency status together and once you have the TIE card you can go back to the UK to settle your affairs - as long as you do not stay away from Spain more than 6 months as in that event you would lose your residency status here.

As your wife is a state pensioner it is essential she gets here before 31 December, as this gives her (and you) specific rights under the Withdrawal Agreement: she will get free health care in Spain and also be entitled to have her state pension uprated annually.

Chris

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