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Residency problem

Posted: Tue Mar 19, 2024 2:32pm
4 replies4 members subscribed
jules1966

Posts: 1

Location: Turre

Joined: 19 Mar 2024

Hi, hubby and I arrived in Spain 6 months ago, he has irish passport I have uk one. When we arrived, we have rented accommodation btw, we got our padron and found a gestor. We knew we needed proof of funds, in our case it was a bank statement showing the balance, which was just over the required amount of €7000 for each of us, we retired early and are going to live off our savings when our uk house is sold so have no pension income of any kind, and private health insurance.  It all went to the foreign office,  hubby was given his nie and we thought all was ok. At Christmas we were informed that it had been rejected as we had the wrong insurance? And our bank statement didn't have a stamp on. Ok no worries, we had 1 month to appeal, so used the savings account statement that had electronic stamp and spoke to the insurance broker that sold us the insurance,  between the broker and gestor they sorted it out and it was re submitted to the foreign office.  Fast forward to last week and our gestor says the application has again been rejected!!!! Apparently the insurance policy showed waiting periods, and they wont accept the bank statement. 

So now we have to start at the beginning,  I have found an insurance company that has no waiting periods and have assurance that it is the equivalent of the national health system here in Spain, and as we opened a spanish bank account in early January,  I have just transferred the relevant funds. The advice I'm after is, are we still ok to stay while we sort out all the relevant paperwork and potentially find a new gestor. Like I said we arrived 6 months, to the day tomorrow actually, we have been back to the uk twice since then for a total period of almost 4 weeks. I'm worried we are here illegally. Is a spanish bank account statement showing just a balance of €14000  enough as we have no income. Getting super stressed as I feel I didnt do enough the first time to get it right, even though the broker asked me if the health cover was for residency purposes!!! Help!!!!!! 

Lmj18

Posted: Tue Mar 19, 2024 4:18pm

Lmj18

Helpful member

Posts: 399

458 helpful points

Location: Partaloa

Joined: 2 May 2019

Posted: Tue Mar 19, 2024 4:18pm

You need to speak to a qualified immigration lawyer asap

Nelngaz

Posted: Tue Mar 19, 2024 9:32pm

Posts: 57

39 helpful points

Location: Roquetas de Mar

Joined: 8 Jun 2022

Posted: Tue Mar 19, 2024 9:32pm

Lmj18 wrote on Tue Mar 19, 2024 4:18pm:

You need to speak to a qualified immigration lawyer asap

We can highly recommend Emma Randle in Almería, here's her website, you should give her a call. She sorted out mistakes our UK lawyer made and also assisted a friend with their visa. Hope she can help, we know how stressful it can all be. 

Lmj18

Posted: Tue Mar 19, 2024 9:49pm

Lmj18

Helpful member

Posts: 399

458 helpful points

Location: Partaloa

Joined: 2 May 2019

Posted: Tue Mar 19, 2024 9:49pm

Nelngaz wrote on Tue Mar 19, 2024 9:32pm:

We can highly recommend Emma Randle in Almería, here's her website, you should give her a call. She sorted out mistakes our UK lawyer made and also assisted a friend with their visa. Hope she can help, we know how stressful it can all be. 

You need to reply to the original poster, not me.

DarioMartin

Posted: Tue Mar 19, 2024 10:49pm

DarioMartin

Legendary helpful member

Posts: 5395

6431 helpful points

Location: Vera

Joined: 16 Aug 2017

Posted: Tue Mar 19, 2024 10:49pm

jules1966 wrote on Tue Mar 19, 2024 2:32pm:

Hi, hubby and I arrived in Spain 6 months ago, he has irish passport I have uk one. When we arrived, we have rented accommodation btw, we got our padron and found a gestor. We knew we needed proof of funds, in our case it was a bank statement showing the balance, which was just over the required ...

...amount of €7000 for each of us, we retired early and are going to live off our savings when our uk house is sold so have no pension income of any kind, and private health insurance.  It all went to the foreign office,  hubby was given his nie and we thought all was ok. At Christmas we were informed that it had been rejected as we had the wrong insurance? And our bank statement didn't have a stamp on. Ok no worries, we had 1 month to appeal, so used the savings account statement that had electronic stamp and spoke to the insurance broker that sold us the insurance,  between the broker and gestor they sorted it out and it was re submitted to the foreign office.  Fast forward to last week and our gestor says the application has again been rejected!!!! Apparently the insurance policy showed waiting periods, and they wont accept the bank statement. 

So now we have to start at the beginning,  I have found an insurance company that has no waiting periods and have assurance that it is the equivalent of the national health system here in Spain, and as we opened a spanish bank account in early January,  I have just transferred the relevant funds. The advice I'm after is, are we still ok to stay while we sort out all the relevant paperwork and potentially find a new gestor. Like I said we arrived 6 months, to the day tomorrow actually, we have been back to the uk twice since then for a total period of almost 4 weeks. I'm worried we are here illegally. Is a spanish bank account statement showing just a balance of €14000  enough as we have no income. Getting super stressed as I feel I didnt do enough the first time to get it right, even though the broker asked me if the health cover was for residency purposes!!! Help!!!!!! 

You should be ok.  As soon as you make an application, it “stops the clock” as it were.

With regards your bank, a bank statement will likely not suffice; if they have rejected it twice, get from your a bank a letter stating your average balance over a year, or a letter stating the balance on a particular day - this is signed by the bank and like padrón etc will be valid for 3 months (for purposes of application).

With regards migration lawyers, I can most definitely recommend Mundi Abogados at Las Buganvillas, Vera Playa who specialize in migration issues and deal with Extranjería on an almost daily basis and who are bang up to date with latest requirements.

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