Fred James

This is the law:- http://www.boe.es/diario_boe/txt.php?id=BOE-A-2012-5403

It is mainly about healthcare and prescriptions but lurking at the end is an amendment to the existing residency law.

This is the relevant section

Disposición final quinta. Modificación del Real Decreto 240/2007, de 16 de febrero, sobre entrada, libre circulación y residencia en España de ciudadanos de los Estados miembros de la Unión Europea y de otros Estados parte en el Acuerdo sobre el Espacio Económico Europeo.

Mitzyboy

Well, if they asked me to provide proof I couldnt because pensions are all in my wifes name.

Do foreigners certificates have to be renewed nowadays?

lynnxa

the she'd have to prove she can support you!!!!


the certs don't have to be renewed I don't think........... but the SIPs/tarjetas sanitarias do............

Fred James

They may do in Valencia but in Andalucia they don't - mine is now 13 years old.

lynnxa

maybe

Chiclanagir

Looks like I am wrong........it also says that after five years of uninterrupted residence you have the right of permanent residency or words to that effect.

Right of residence for more than three months

The right of residence for more than three months remains subject to certain conditions. Applicants must:

either be engaged in economic activity (on an employed or self-employed basis);
or have sufficient resources and sickness insurance to ensure that they do not become a burden on the social services of the host Member State during their stay. The Member States may not specify a minimum amount which they deem sufficient, but they must take account of personal circumstances;
or be following vocational training as a student and have sufficient resources and sickness insurance to ensure that they do not become a burden on the social services of the host Member State during their stay;
or be a family member of a Union citizen who falls into one of the above categories.

Fred James

That's correct.

Article 10 - Right of permanent residence
1. Citizens of a European Union Member State or of another state party to the Agreement on the European
Economic Area and their family members who are not EU/EEA citizens and who have been legally resident in
Spain for a continuous period of five years have the right of permanent residence. This right shall not be subject to
the conditions laid down in Chapter III of this Royal Decree.

It is in Chapter III that the new rules have changed so I would assume that there is no way they can revoke an existing permanent right of residence if you no longer meet the income/health requirements.

Im_and_Er

Note that the quoted article 10 says 5 years uninterrupted 'LEGAL residence' and that is the crux.

In broad basic terms it means that you must have sufficient resources so as to not be a burden on the host state.

Fred James

Yes but if you are in possession of the permanent residency document then by definition your 5 years initial stay must have been legal or it would not have been issued.

The existing law says that the only way you can lose your right of permanent residence is if you leave Spain for two years or for serious reasons of public policy or public security (whatever they might be).

Im_and_Er

Be they legally resident or not it would be interesting to learn how, in practice, any signatory to the Schenegen agreement could exclude or expel a citizen from another state ?

avocados

I think that they'll implement the rules for a while and see what happens. It's exectly the same as the new tougher rules regarding health cover for Spanish Nationals. When they realised that too many people were dropping out of the system and being left without health cover they suspended the new rules (internal memo to staff). It was considered unconstitutional as everyone is entitled to health cover.


I guess there will be a lot of foreigners getting married to Spaniards in the near future!! Myself included. Maybe they'll try to make that illegal also, lol.

Fred James

In practice, to be such a risk to security you would have to be caught with a bomb in your Y-Fronts!

I guess they have to have a get out clause just in case although it is unlikely ever to be used.

purpleflower

What will happen to people who are turned down for a residency certificate, will they be given a chance to find an income etc or will they be told to leave Spain?

Does anyone know yet whether the official figure of income is 432 euros per person per month for a couple or if there is a different amount?

lynnxa

SueG seems to have been the only one here to have actually come across this - afaik she was just told per person per month


if you're an EU citizen they can't just tell you to leave for not registering

purpleflower

Thanks lynn, will my fiance (getting married in one week) get the same rights as me, he is an American citizen and is at present here on the 90 day tourist visa?