Residency for an EU resident - Page 2

Yes - that’s standard ruling, but doesn’t take into account someone who already has permanent residence of another EU country.  The theory was that those who were long term residents of another EU country should retain freedom of movement and not need a visa, but simply apply under rules of Residencia as applicable to EU citizens.  It seems Spanish embassy didn’t get that memo

Hi Ian948, thanks for posting.

I've read through this legislation, and, I still don't think this applies to British who were living in an EU member state before the transition period ended. This appears to relate to non EU citizens moving to an EU member state with the granting of a Schengen visa.

The official EU directive I've read, ironically from the Spanish Embassy visa information pages, states that British citizens that were resident in an EU member state prior to 01/01/2021, will keep their rights to EU freedom of movement.

With regard to freedom of movement, this has been taken directly from the Europa website "All EU citizens and their family members have the right to move and reside freely within the EU. This is set forth in Article 21 of the Treaty on the functioning of the European Union."

If what I have been informed by the Spanish Embassy in London is correct, then I will have to apply for a relevant visa to remain in Spain for more than 90 days.  The relevant visa being a visa to live in Spain or a visa to live and work in Spain.  EU citizens that have freedom of movement do NOT have to apply for a visa to live and work in another EU member state.  It's part of their right to freely live and work in the EU.

Yes Dario, this is exactly why I can't understand what the embassy in London said to me.

Actually, in retrospect, my British partner who is also long term EU resident, did not actually need to register in Spain before the 01/01/2021.  "Allegedly"

Hi - complex times :-( 

I agree the law of WA stated that it was only necessary to be "legally resident" as of Dec 31st - the ability to prove that may demonstrated in various ways - was not even required to be "physically present" if proof of residing was available. ( Registration was NOT a requirement )

Turning to the Spanish embassy website in UK - I am intrigued by that paragraph that implies those who are under the WA ( resident prior to 31/12/2020 ) retain FOM - This is completely contrary to everything I had understood ! i.e. our FOM was protected as regards the country we are resident in at 31/12/20 - but not going forward , although once permanent resident in a EU country relocation is easier but still requires residency application to new host country. - Note I said application not registration - that is they could say no....

I would love someone to be able to share where this protection of FOM is stated for exactly these purposes of moving from one EU country to another as a "right" not a privilege .  

Good luck :-)

Dario, fascinating stuff :-) do you have any links to this , because it would have to apply to not only permanent residents at time of leaving EU but must also provide for those who will become permanent having exercised their FOM prior to 31/12/20 .

I thought I had read most of it but OW's info regarding the Spanish Embassy information as seen on their website would be invaluable going forward ( and I wonder if that is why new residency documents  specify UKN's as being beneficiaries of WA ) 

I went all through the EU guidance regarding WA and cannot find this specific issue addressed.

The gift that keeps on giving ...... :-(

If you read my first post and click on the link, which is the word "here"  it is explained in the "Brexit Update" paragraph, about retaining freedom of movement.

I did and that is what I am intrigued with - unless I read it wrong it says what you are saying - hence just regular registration of residency as if you were still EU citizen. Of course that was not your experience so far .....

I came across this before I read it on the Spanish Embassy site, I can't for the life of me remember where but I will dig and post the link here if I find it. 

I have read that British citizens resident in the EU before deadline will be awarded the same rights as other EU citizens.  Therefore it must include FOM.