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-   -   Applying for residency before EU withdrawal (https://britishexpats.com/forum/spain-75/applying-residency-before-eu-withdrawal-934543/)

bobd22 Sep 9th 2020 10:45 pm

Re: Applying for residency before EU withdrawal
 

Originally Posted by Joppa (Post 12907996)
Malaga doesn't require Padron certificate as confirmed by my gestor applying for us.

In that case they have changed the requirement since July as I still have the email saying that an escrutira and padron certificate would be valid proof of residence. Of course it may well be that one or the other would suffice. We took both. As always depends who and when one asks the question.

Joppa Sep 9th 2020 11:41 pm

Re: Applying for residency before EU withdrawal
 

Originally Posted by bobd22 (Post 12908009)
In that case they have changed the requirement since July as I still have the email saying that an escrutira and padron certificate would be valid proof of residence. Of course it may well be that one or the other would suffice. We took both. As always depends who and when one asks the question.

I too received a similar reply, but escrutira and padron aren't exclusive documents and there are others you can submit, such as rental contract/document or utility bills.

Notdunroamin Sep 10th 2020 6:24 am

Re: Applying for residency before EU withdrawal
 
In the preamble to Directive 2004/38/EC concerning citizens rights item 14 states:

The supporting documents required by the competent authorities for the issuing of a registration certificate or of a residence card should be
comprehensively specified in order to avoid divergent administrative practices or interpretations constituting an undue obstacle to the exercise
of the right of residence by Union citizens and their family members.


Just saying !

bobd22 Sep 10th 2020 9:18 am

Re: Applying for residency before EU withdrawal
 

Originally Posted by Joppa (Post 12908032)
I too received a similar reply, but escrutira and padron aren't exclusive documents and there are others you can submit, such as rental contract/document or utility bills.

Totally agree. My view was although we had always as non residents avoided the padron as we were making ourselves resident and would be signing on the padron anyway, doing so prior to the appointment at the Extranjero Office made sense as they had specifically mentioned it. If it made the process simpler and straight forward was my main thought. It did and all went smoothly. I understand that some ayuntamiento's won't allow signing on padron without residencia so then one would need as you mention use other means as proof of actually living in Spain.

inbarcelona Sep 10th 2020 9:26 am

Re: Applying for residency before EU withdrawal
 
I know it doesn´t mention a Padron in the Instructions issued by the Spanish Government, but lots of offices are asking for one and won´t proceed without it.
As always, it depends who you ask. Ask 6 different people from the same office and get 6 different answers. Plus I don´t know why different offices are interpreting the instructions in different ways.
I´m going to change my driving licence from UK to Spanish at the end of this month...it seems a simple enough thing to do......but I´m fully expecting something not to be right.

inbarcelona Sep 10th 2020 9:51 am

Re: Applying for residency before EU withdrawal
 

Originally Posted by Joppa (Post 12907996)
Malaga doesn't require Padron certificate as confirmed by my gestor applying for us.


I would check that if I were you. Someone else on here said it was a requirement at Malaga.

I find that Gestors sometimes don´t have the right information. In fact although I didn´t use a Gestor, I got talking to one here in Barcelona and it was me explaining to HER the new rules on applying for a TIE here.

I´m not saying your Gestor is wrong....but you never know.

Notdunroamin Sep 10th 2020 12:09 pm

Re: Applying for residency before EU withdrawal
 
Someone I know (Spanish) has a daughter who is a lawyer and she insists that everybody with a property in Spain should be on their padron.

Needless to say I've told everybody to steer clear of her!

Joppa Sep 10th 2020 6:49 pm

Re: Applying for residency before EU withdrawal
 

Originally Posted by inbarcelona (Post 12908173)
I would check that if I were you. Someone else on here said it was a requirement at Malaga.

I find that Gestors sometimes don´t have the right information. In fact although I didn´t use a Gestor, I got talking to one here in Barcelona and it was me explaining to HER the new rules on applying for a TIE here.

I´m not saying your Gestor is wrong....but you never know.

All I can say is that the same gestora (a lady) has already applied for 3 other TIEs of British citizens (for first-time residency) successfully through Malaga.

inbarcelona Sep 11th 2020 6:09 am

Re: Applying for residency before EU withdrawal
 
Fair enough.

inbarcelona Sep 11th 2020 6:11 am

Re: Applying for residency before EU withdrawal
 
Next Question..

On the TIE it mentions Article 50 and Article 18.4 which it should do...

However, at the botom of the card on the front it says "Residence Card of a Family Member of a Union Citizen"

Anybody know why?

Chipmonk Sep 11th 2020 7:10 am

Re: Applying for residency before EU withdrawal
 

Originally Posted by inbarcelona (Post 12908594)
Next Question..

On the TIE it mentions Article 50 and Article 18.4 which it should do...

However, at the botom of the card on the front it says "Residence Card of a Family Member of a Union Citizen"

Anybody know why?

It ( presumably it is not in English) means you have residency based on your relationship to a family member

EsuriJohn Sep 11th 2020 7:17 am

Re: Applying for residency before EU withdrawal
 

Originally Posted by inbarcelona (Post 12908594)
Next Question..

On the TIE it mentions Article 50 and Article 18.4 which it should do...

However, at the botom of the card on the front it says "Residence Card of a Family Member of a Union Citizen"

Anybody know why?

My understanding is at the second stage there are a couple of boxes to tick on the form 790 which produce a fee of €12. One of them is for family members of an EU citizen which gives you additional rights of free movement in Schengen. My wife now has her Irish passport so I will look for that box.
It is explained on CAB Spain website and means although I have a UK passport I can join her in the EU queue at the airport to enter Schengen with my TIE and passport not the others queue.

inbarcelona Sep 11th 2020 7:38 am

Re: Applying for residency before EU withdrawal
 

Originally Posted by EsuriJohn (Post 12908608)
My understanding is at the second stage there are a couple of boxes to tick on the form 790 which produce a fee of €12. One of them is for family members of an EU citizen which gives you additional rights of free movement in Schengen. My wife now has her Irish passport so I will look for that box.
It is explained on CAB Spain website and means although I have a UK passport I can join her in the EU queue at the airport to enter Schengen with my TIE and passport not the others queue.


Would you be able to post that particular link for me please?

Chipmonk Sep 11th 2020 7:40 am

Re: Applying for residency before EU withdrawal
 

Originally Posted by EsuriJohn (Post 12908608)
My understanding is at the second stage there are a couple of boxes to tick on the form 790 which produce a fee of €12. One of them is for family members of an EU citizen which gives you additional rights of free movement in Schengen. My wife now has her Irish passport so I will look for that box.
It is explained on CAB Spain website and means although I have a UK passport I can join her in the EU queue at the airport to enter Schengen with my TIE and passport not the others queue.

Be careful!!. There appears to be some thing strange happening with this. People are not reading forms properly and ticking wrong boxes

hedley_01 Sep 12th 2020 10:53 am

Re: Applying for residency before EU withdrawal
 

Originally Posted by Owls (Post 12905994)
I was due to move to Spain shortly and start application for residence in the Malaga area, however due to my wife's illness that has been put back and may not make it together before 31st Dec, so I'm hoping to get down myself late Nov to get residence for myself for my wife to follow early next year, I have all documentation, NIE, bank account and medical in place, so couple of questions please:
Does anyone see any issues with me doing this?
If I apply for a padron do you get that immediately or is there a waiting period of say a week or two?
Can my solicitor apply for the first part of the TIE assuming they have a digital signature and I just turn up for the face to face appointment?
Is the TIE decision/issued on the spot or later?

Many thanks for your help in advance.

Hello,

Were you able to get your NIE online? I would like to get this sorted before going if possible.

Cheers

inbarcelona Sep 12th 2020 11:36 am

Re: Applying for residency before EU withdrawal
 

Originally Posted by hedley_01 (Post 12909026)
Hello,

Were you able to get your NIE online? I would like to get this sorted before going if possible.

Cheers


You can get your NIE number as PART of the process of getting a TIE. It does not involve another appointment.
They give you a NIE number at the Extranjeria Office, which is your first port of call anyway.

hedley_01 Sep 12th 2020 11:38 am

Re: Applying for residency before EU withdrawal
 
Thank you!

inbarcelona Sep 12th 2020 11:41 am

Re: Applying for residency before EU withdrawal
 

Originally Posted by Chipmonk (Post 12908612)
Be careful!!. There appears to be some thing strange happening with this. People are not reading forms properly and ticking wrong boxes


According to a Facebook Group I have been following it is the fault of the Spanish authorities and not which box you ticked. I think someone is taking it up with the British Consulate in Madrid.

I´ll post on here if I hear anything else.

But don´t panic. There are thousands of us with the wrong wording.

hedley_01 Sep 12th 2020 11:42 am

Re: Applying for residency before EU withdrawal
 
I am trying to find the email of the immigration office in Granada to ask them about the documents required for the TIE application as a student. Any chance you know where I can find the email? Only seem to be finding the contact number but no email.

Thanks again

inbarcelona Sep 12th 2020 12:07 pm

Re: Applying for residency before EU withdrawal
 

Originally Posted by hedley_01 (Post 12909037)
I am trying to find the email of the immigration office in Granada to ask them about the documents required for the TIE application as a student. Any chance you know where I can find the email? Only seem to be finding the contact number but no email.

Thanks again


No. I can´t find one...Seems they don´t want anyone to contact them. Even if you phone you´ll probably just get an automated message and not be able to talk with an actual person.

bobd22 Sep 12th 2020 12:12 pm

Re: Applying for residency before EU withdrawal
 
I have checked through all the Extranjero Office details most have an email but not Granada for some reason. Only phone numbers as you say.

bobd22 Sep 12th 2020 12:22 pm

Re: Applying for residency before EU withdrawal
 
You may have this link and I don't know if it's of any use to you but I'll put it on in case it is of any help to you.
https://internacional.ugr.es/pages/m...nspain?lang=en

hedley_01 Sep 12th 2020 12:37 pm

Re: Applying for residency before EU withdrawal
 
Great! Appreciate it! :)


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