Notdunroamin

According to phase 1 of the Brexit negotiations - which of course is subject to the proviso that 'it's all a deal or it's no deal' - those who have already moved to Spain will be allowed to remain however nowhere can I find exactly what defines 'moved'.

In one sense it might be argued that arriving on March 18th 2019 intending to take up residence constituted a move while at the opposite extreme it could apply only to those who have been there long enough to have already established legal residence ?

Somewhere in the middle you have those who may have been in Spain for only a few months and are still engaged in the process of becoming resident.

So which is it, or is that too as much up in the air as the rest of the Brexit fiasco ?

tebo53

I've always thought it to mean anyone who has gone down the path of being a fully legal resident. One who has residencia, healthcare, registered on the padron and pays taxes to the correct departments.

Fred James

I am pretty sure it will be defined as someone who is on the Register of Foreigners.

Taxes are not relevant as you can be registered and not tax resident for many months before the 183 day rule kicks in. Being on the Padron is probably irrelevant as well, as many non residents are (wrongly) on the Padron.

If you read the EU directive on residency there is no mention of tax residency or being on the Padron.

In theory, if you sign on the register the day you arrive in Spain (which is allowed) you would meet the criteria.

What is more in dispute is the question of “permanent resident”. The UK PM keeps referring to permanent residency without explaining what she means. In EU terms you only get the right of permanent residency after you have been legally resident for 5 years.

Notdunroamin

Thanks both but I think you're probably right Fred although I though signing the 'empadronamiento' was registering, where else do you 'sign in' ?

The date for my move is fast approaching (May if not sooner) and I'll be keen to get as many of my dominoes lined up as quickly as possible, I've never been a ducker-and-diver and have no intention of becoming one now !

Fred James

You sign on the Padron at your local town hall. You sign on the register of foreigners at the nearest Policia Nacional station

BritInParis

Providing you establish residence, as discussed above, before Brexit day then your rights will be grandfathered under the current agreement.

I think you are referring to the dispute as to whether anyone arriving during the transition period will also be granted PR.

Fred James

Yes, if you arrive before Brexit you will retain your rights but that means that you only get permanent residence after 5years. Not that it is terribly important as it is very difficult for them to cancel your temporary residency anyway. Once you have permanent status the rules make it slightly more difficult to get rid of you.

So long as you meet the healthcare/income requirements it isn’t a problem.

Apparently the EU rules for non EU residents are much the same apart from the fact that they give you a nice plastic residency card which can actually be used as ID.

Bearing in mind that at present the UK is bound by exactly the same rules you would think that by now they would actually understand them.

May rabbits on about a new registration procedure in the UK for EU migrants but if they had bothered to implement the EU residency directive (like Spain) they would already have that process in place including the healthcare/income requirement.

The UK government really does not seem to have a clue about the implications of Brexit. It’s now over 18 months since the referendum and, in my opinion, they have achieved nothing and even now they have no idea what their negotiating position should be.

You couldn’t make it up if you tried!

BritInParis

Often stated but doesn't actually carry much water. The policy as set out in the Lancaster House speech is pretty clear but the internecine squabbling continues regardless. May needs to get a grip on her Cabinet.