Padron - Residency in Turre: padron, residencia and passport advice - Turre forum - Costa de Almería forum in the Almeria province of Spain
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ian948

Posted: Wed Aug 21, 2019 3:15pm

ian948

Helpful member

Posts: 71

58 helpful points

Location: Turre

Joined: 23 Oct 2018

Posted: Wed Aug 21, 2019 3:15pm

Darn, I know I have read the 6 months item if seeking work - but I did check EU law and sure enough it's not there ( that I can find now ) - useful link if anyone bored : https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02004L0038-20110616

However ..... Dario , you have conflated the Schengen issue for non eu citizens which does NOT apply to EU citizens ( this sadly I know too much about ) "90 in 180" does NOT apply to EU citizens.

So I will bow to your 3 months and registration required ( colloquially called "residencia" ) until or if I can support my 6 month argument :-)

So 50/50 I'd say !

Cheers

:-)

DarioMartin

Posted: Wed Aug 21, 2019 3:58pm

DarioMartin

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Location: Vera

Joined: 16 Aug 2017

Posted: Wed Aug 21, 2019 3:58pm

ian948 wrote on Wed Aug 21, 2019 3:15pm:

Darn, I know I have read the 6 months item if seeking work - but I did check EU law and sure enough it's not there ( that I can find now ) - useful link if anyone bored : https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02004L0038-20110616

However ..... Dario , you have conflated the Schengen issue for non eu citizens which does NOT apply to EU citizens ( this sadly I know too much about ) "90 in 180" does NOT apply to EU citizens....

...

So I will bow to your 3 months and registration required ( colloquially called "residencia" ) until or if I can support my 6 month argument :-)

So 50/50 I'd say !

Cheers

:-)

I’ll most certainly defer to your experience and thank you for the clarification .... although that may all go out the window in a couple of months and we’ll all have to try and get our heads round ANOTHER set of regulations!!

ian948

Posted: Wed Aug 21, 2019 4:08pm

ian948

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Posts: 71

58 helpful points

Location: Turre

Joined: 23 Oct 2018

Posted: Wed Aug 21, 2019 4:08pm

I don't even want to contemplate post Nov 1,2019 - the incompetence of government ( UK ) renders one speechless - irrespective of leave or remain , they have created a mess that they can't even control. Any idiot can understand if you leave the EU Oct 31st without any agreement then freedom of movement ceases to exist for UK nationals and also for EU citizens going to UK ( outside vacations ) . Only now - weeks before the event they admit they do not have the staff or systems in place to manage the flow of EU arrivals in UK ........ and cannot effectively process them !  - mainland  europe has been managing perfectly well and increasingly has planned for the extra need to screen non eu arrivals ( UK nationals after Oct 31st )

Sorry - we have hijacked the thread ..... 

DarioMartin

Posted: Wed Aug 21, 2019 5:13pm

DarioMartin

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Posted: Wed Aug 21, 2019 5:13pm

A valid point Ian and I’m very glad to see that Spain has plans in place for a “No Deal” that are now law and not dependent on UKs position; see https://www.lamoncloa.gob.es/lang/en/brexit/howtoprepare/Paginas/190108residence.aspx

</END THREADJACK> :-D

ian948

Posted: Wed Aug 21, 2019 5:32pm

ian948

Helpful member

Posts: 71

58 helpful points

Location: Turre

Joined: 23 Oct 2018

Posted: Wed Aug 21, 2019 5:32pm

Agreed - thanks for the link , very clear ( best I have seen yet ! ) 

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Albert

Posted: Wed Aug 21, 2019 5:37pm

Albert

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Posts: 101

14 helpful points

Location: Turre

Joined: 9 Feb 2019

Posted: Wed Aug 21, 2019 5:37pm

Very confusing the above link. After 3 months of being in Spain one has to register for a 'green certificate'. Is this an application for residencia or Padron or neither please?

DarioMartin

Posted: Wed Aug 21, 2019 5:58pm

DarioMartin

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Location: Vera

Joined: 16 Aug 2017

Posted: Wed Aug 21, 2019 5:58pm

Albert wrote on Wed Aug 21, 2019 5:37pm:

Very confusing the above link. After 3 months of being in Spain one has to register for a 'green certificate'. Is this an application for residencia or Padron or neither please?

The link was to a Spanish Government website, hence the translation may be a little “direct”.  The “green certificate” they mention is the Residencia certificate.  Irrespective of what UK does, if or when Brexit occurs, you have 21 months to “get legal”.  Anyone with a “green certificate” (Residencia) prior to B-Day (Bidet?) will be able to transition to a TIE.  Anyone without Residencia, but who can prove residency prior to B-Day will (as I understand it it) first need to register for Residencia, then swap that for TIE (if I’m reading that right)

Those who arrive AFTER B-Day but within 21 month transition period again, I believe, must first register for Residencia then within 1 month of that being granted, apply to swap to TIE.......

Anyone who arrives after 21 month period applies for TIE under general immigration regime.   That is how I understand it - and someone PLEASE correct me if I’m wrong - and also please don’t get too upset by the threadjack - it’ll get right back on course as soon as someone mentions “Padrón” again :-D

Albert

Posted: Wed Aug 21, 2019 6:17pm

Albert

Original Poster

Posts: 101

14 helpful points

Location: Turre

Joined: 9 Feb 2019

Posted: Wed Aug 21, 2019 6:17pm

If I have a property and Padron before B day with no deal, have I a foot in the door to apply for a Tie or even with a foot in the door would I be the same as a person outside the EU is now please? 

ian948

Posted: Wed Aug 21, 2019 6:20pm

ian948

Helpful member

Posts: 71

58 helpful points

Location: Turre

Joined: 23 Oct 2018

Posted: Wed Aug 21, 2019 6:20pm

The only item I would suggest re phrasing is regarding arrival after date UK leaves the EU , After that date the procedure will be same as regular third country nationals , the privileged procedures are only available to those resident before the leaving date.

This is an important distinction because after leaving date new arrivals will need to follow a different process .

For clarity I have copied the relavant section;

2.8. What is my situation if I arrive in Spain after the withdrawal date? What do I have to do?

From the day following the withdrawal date, UK nationals will have the condition of third-country nationals and the general arrangements for foreigners in Spain will be applicable to them. They may not request the application of the provisions of Royal Decree-Law 5/2019, as the scope of application is limited to those who were residents before the withdrawal date.

So to keep in thread , you must be here in Spain and on the Padron before leaving date !

DarioMartin

Posted: Wed Aug 21, 2019 6:23pm

DarioMartin

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Posts: 5377

6395 helpful points

Location: Vera

Joined: 16 Aug 2017

Posted: Wed Aug 21, 2019 6:23pm

Well clarified - many many thanks Ian

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