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Residency for an EU resident - Page 3

Orson Wellies

Posted: Sun Jan 24, 2021 2:41pm

Orson Wellies

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Posts: 54

20 helpful points

Location: Los Gallardos

Joined: 17 Aug 2020

Posted: Sun Jan 24, 2021 2:41pm

In all fairness, the EU has never discriminated on the basis of country of birth towards its residents.  I can't see it happening now.

ian948

Posted: Sun Jan 24, 2021 2:43pm

ian948

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Posts: 71

58 helpful points

Location: Turre

Joined: 23 Oct 2018

Posted: Sun Jan 24, 2021 2:43pm

Orson Wellies wrote on Sun Jan 24, 2021 2:34pm:

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. 

Thanks ,

This paragraph from the Spanish Embassy does not refer to any EU law / directive other than FOM - ( thank you your link )

"However, UK nationals and their family members who established the residence in other EU Member State before the end of the transition period in accordance with EU free movement law, will maintain their free movements rights after 31st December 2020."

Had they of referenced something we could check it - but equally I can't imagine it just popped up out of thin air so some basis must exist - ironically it is quite huge as one of the major "moans" I have heard in various UKN groups in EU has been this loss of FOM !

Would love to learn a definitive confirmation of this , because if so it would also mean no 90/180 for those of us benefitting under WA as regards to time in other Schengen countries outside our prime residency. ( subject to country of residence restrictions for time out of country ) 

Cheers

:-)

Orson Wellies

Posted: Sun Jan 24, 2021 2:50pm

Orson Wellies

Original Poster

Posts: 54

20 helpful points

Location: Los Gallardos

Joined: 17 Aug 2020

Posted: Sun Jan 24, 2021 2:50pm

I don't know if it still exists, but, I remember many years ago, the EU announced that if you had been resident in an EU member state consistently for 5 years or more, then you had automatic right to become a citizen of that member state, therefore becoming an EU citizen rather than just a resident.  So, maybe the 5 year rule would give even more clout to having equal rights to other citizens.  Food for thought.

DarioMartin

Posted: Sun Jan 24, 2021 3:14pm

DarioMartin

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Posts: 5342

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Location: Vera

Joined: 16 Aug 2017

Posted: Sun Jan 24, 2021 3:14pm

Orson Wellies wrote on Sun Jan 24, 2021 2:50pm:

I don't know if it still exists, but, I remember many years ago, the EU announced that if you had been resident in an EU member state consistently for 5 years or more, then you had automatic right to become a citizen of that member state, therefore becoming an EU citizen rather than just a reside...

...nt.  So, maybe the 5 year rule would give even more clout to having equal rights to other citizens.  Food for thought.

I’m not sure that holds up here in Spain as you need 10 years legal residency before you can apply for citizenship

Orson Wellies

Posted: Sun Jan 24, 2021 4:19pm

Orson Wellies

Original Poster

Posts: 54

20 helpful points

Location: Los Gallardos

Joined: 17 Aug 2020

Posted: Sun Jan 24, 2021 4:19pm

I think it is now renamed to "Permanent Residency" after 5 years, which is said to afford exactly the same rights as citizenship.
Sometimes the reality differs from said stipulation.  Quite often EU rights can be achieved with the help of human rights lawyers.

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DarioMartin

Posted: Sun Jan 24, 2021 4:24pm

DarioMartin

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Posted: Sun Jan 24, 2021 4:24pm

Orson Wellies wrote on Sun Jan 24, 2021 4:19pm:

I think it is now renamed to "Permanent Residency" after 5 years, which is said to afford exactly the same rights as citizenship.
Sometimes the reality differs from said stipulation.  Quite often EU rights can be achieved with the help of human rights lawyers.

Ah - yes - I see what you mean.  Yes indeed, after 5 years legal residency you automatically become a permanent resident here; I imagine everywhere else in the EU as well

Orson Wellies

Posted: Sun Jan 24, 2021 4:51pm

Orson Wellies

Original Poster

Posts: 54

20 helpful points

Location: Los Gallardos

Joined: 17 Aug 2020

Posted: Sun Jan 24, 2021 4:51pm

Yes I believe it is, this is why I believe that because of residing in Greece for 19 years then I should have this "Permanent Residency" status.  if it does give the same rights as Citizenship then I find it difficult to believe that a fellow Greek can have FOM, but, me not.  It's a minefield at the moment but I'm sure things will become clearer with time.

DarioMartin

Posted: Sun Jan 24, 2021 7:11pm

DarioMartin

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Posts: 5342

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Location: Vera

Joined: 16 Aug 2017

Posted: Sun Jan 24, 2021 7:11pm

Orson Wellies wrote on Sun Jan 24, 2021 4:51pm:

Yes I believe it is, this is why I believe that because of residing in Greece for 19 years then I should have this "Permanent Residency" status.  if it does give the same rights as Citizenship then I find it difficult to believe that a fellow Greek can have FOM, but, me not.  It's a min...

...efield at the moment but I'm sure things will become clearer with time.

We can but hope ....

AmandaS

Posted: Wed Jan 27, 2021 11:33am

Posts: 15

7 helpful points

Location: Oria

Joined: 16 Feb 2020

Posted: Wed Jan 27, 2021 11:33am

Orson Wellies wrote on Sun Jan 24, 2021 4:51pm:

Yes I believe it is, this is why I believe that because of residing in Greece for 19 years then I should have this "Permanent Residency" status.  if it does give the same rights as Citizenship then I find it difficult to believe that a fellow Greek can have FOM, but, me not.  It's a min...

...efield at the moment but I'm sure things will become clearer with time.

We moved to Spain from Greece in August and like you I had a blue permanent residency permit for Greece, the application here is taking a long time but from what I’ve been led to believe I will have to start again at day 1 in Spain... when it comes through I’ll let you know, has your husband got his TIE yet? 

Orson Wellies

Posted: Wed Jan 27, 2021 11:44am

Orson Wellies

Original Poster

Posts: 54

20 helpful points

Location: Los Gallardos

Joined: 17 Aug 2020

Posted: Wed Jan 27, 2021 11:44am

AmandaS wrote on Wed Jan 27, 2021 11:33am:

We moved to Spain from Greece in August and like you I had a blue permanent residency permit for Greece, the application here is taking a long time but from what I’ve been led to believe I will have to start again at day 1 in Spain... when it comes through I’ll let you know, has your husband ...

...got his TIE yet? 

Hi AmandaS,

My partner still doesn't have a TIE.  Gestor says taking around 6 months minimum in Vera area as Brexit caused a mass influx.

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