Retrospective Residencia - Residency in Mojacar: padron, residencia and passport advice - Mojacar forum - Costa de Almería forum in the Almeria province of Spain
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Retrospective Residencia

Posted: Thu Jan 21, 2021 7:15pm
7 replies385 views5 members subscribed
hartcjhart

hartcjhart

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I have just come off the phone to a remote family member,

so here goes,

He has been living/working in Spain for over 5 years,is on the Padron,has NIE,and Social Security(works at a town hall)and owns a property somewhere out in the sticks

due to Covid and him being a bit of an ostrich has he left it too late to get his Residencia the easier way(UK passport)

TIA

Matthew

Posted: Thu Jan 21, 2021 7:31pm

Matthew

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Posted: Thu Jan 21, 2021 7:31pm

Why have I become a fan of Tia already?
Hint:- Ostrich, works in a town hall.
sm

Posted: Thu Jan 21, 2021 8:52pm

sm

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Joined: 9 Jun 2020

Posted: Thu Jan 21, 2021 8:52pm

Hi! From what I have read from this law firm website if he can prove that he was living in Spain before the 31st of December he will be able to get it the usual EU route thanks to the withdrawl agreement. Here is the website of the law firm. https://balcellsgroup.com/what-will-happen-to-uk-citizens-in-spain-after-brexit/

Beannie1

Posted: Fri Jan 22, 2021 12:30am

Beannie1

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Posted: Fri Jan 22, 2021 12:30am

No, he hasn't necessarily missed the boat, but he will need to get on with it!!

There are provisions for late submission of documents, but not for an unlimited time and it may not be straightforward so I'd suggest he gets some help

http://www.inclusion.gob.es/ficheros/brexit/guia_brexit_2020_en.pdf?fbclid=IwAR22QB-ZdNa3WeiNWM-XrbZWO9SVUZxlWGeLJf-fmHg6wat-ozhShrqf07o

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Matthew

Posted: Fri Jan 22, 2021 9:40am

Matthew

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Posted: Fri Jan 22, 2021 9:40am

This post that was quoted has been deleted.

. . . . . . not at all! - Tia is CJ's aunt complaining about CJ's uncle. CJ was just posting for his aunt who has difficulties with keyboards. 

Alicia, 

What are you thinking? - Next, you'll be thinking like Jenni!

ian948

Posted: Thu Jan 28, 2021 11:34am

ian948

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Location: Turre

Joined: 23 Oct 2018

Posted: Thu Jan 28, 2021 11:34am

hartcjhart wrote on Thu Jan 21, 2021 7:15pm:

I have just come off the phone to a remote family member,

so here goes,

He has been living/working in Spain for over 5 years,is on the Padron,has NIE,and Social Security(works at a town hall)and owns a property somewhere out in the sticks

due to Covid and him being a bit of an ostrich has he left it too late to get his Residencia the easier way(UK passport)

TIA

Providing he can prove living in Spain prior to the deadline 31/12/20 he should not have a problem as he had exercised his FOM and is protected under the Withdrawal Agreement . Suggest getting on with it rather than leave another year ..... !!!

hartcjhart

Posted: Tue Aug 10, 2021 11:31pm

hartcjhart

Original Poster

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Posts: 1071

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Location: Mojacar

Joined: 26 Oct 2017

Posted: Tue Aug 10, 2021 11:31pm

Just an update,he managed to get residencia,BUT as work is virtually nil he has come back to the UK.

I think I read somewhere on here that he can only stay for so long in the UK before losing said residencia,

any info please

ian948

Posted: Wed Aug 11, 2021 10:41am

ian948

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Posts: 71

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Location: Turre

Joined: 23 Oct 2018

Posted: Wed Aug 11, 2021 10:41am

hartcjhart wrote on Tue Aug 10, 2021 11:31pm:

Just an update,he managed to get residencia,BUT as work is virtually nil he has come back to the UK.

I think I read somewhere on here that he can only stay for so long in the UK before losing said residencia,

any info please

In described circumstance assuming he did get his residency sorted correctly he should have got a permanent residency "if" they recognized his over 5 years residency - but quite likely he got the regular "temporary" residency which is 0-5 years .i.e. 5 years to go for permanent resident status.

Permanent status - absence up to 2 years ( check if under WA I think could be extended to 5 )

Temporary status - absence up to but not over 6 months in a year , and limit on total cumulative time out of Spain in 5 year period ( need to check how long was 10 months ) in order to qualify for permanent status .

He may want to double check with the Spanish consulate serving his area in UK .

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