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

Owls Sep 5th 2020 8:16 am

Re: Applying for residency before EU withdrawal
 
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.

Joppa Sep 5th 2020 9:12 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?

No issues as it is covered in the withdrawal agreement:
'Family members of United Kingdom nationals shall be beneficiaries provided that they satisfy one of the following conditions:
❖ Have resided in Spain before the end of the transition period and continue to reside here after this period;
❖ Have not resided in Spain before the end of the transition period, but have a direct link with a national of the United Kingdom before the end of the transition period and, at the time when they are to be reunited with them, (e.g. with regard to spouses, dependent ascendants.)'
https://www.machelindiaz.com/wp-cont...BREXIT_ENG.pdf Page 21

You need your marriage certificate, which can either be translated officially through your lawyer, or you can now get a multilingual certificate (state Spanish) from General Register Office. Be careful, it can take a couple of months.


If I apply for a padron do you get that immediately or is there a waiting period of say a week or two?
It should be confirmed immediately but you may have to wait a day or two to get your certificate, and some places charge a small fee (a few euro) for it.


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?
No, that isn't allowed. Even if they apply for you online, you still need to be present in Spain at the time of submission.


Is the TIE decision/issued on the spot or later?
Some people who applied in person were told they were approved there and then, while others had to wait a week or two. You are issued with an 'approval' letter valid 45 days, which you need to show when you go to give fingerprints and when you collect the TIE.

thegolfer Sep 5th 2020 9:31 am

Re: Applying for residency before EU withdrawal
 

Originally Posted by Notdunroamin (Post 12904462)
I suspect they were actually asked just for a Padron, NOT specifically one less than 3 months old.

Based on my own personal experience a couple of weeks ago when I (we) produced a Padron dated 2018!

That was in Alicante btw

Unless the three of us suddenly lost the power of hearing then they specifically DID ask for Padron less than three months old....this was Malaga

inbarcelona Sep 5th 2020 2:26 pm

Re: Applying for residency before EU withdrawal
 
Yes. Same in Barcelona. Padron certificate less than 3 months old. They won´t continue without it.

Notdunroamin Sep 6th 2020 6:44 pm

Re: Applying for residency before EU withdrawal
 
And yet the government issued English language description of the TIE processes for the various scenarios nowhere as much as mentions a Padron!

https://blogextranjeriaprogestion.or...BREXIT_ENG.pdf

Barriej Sep 6th 2020 8:42 pm

Re: Applying for residency before EU withdrawal
 

Originally Posted by Notdunroamin (Post 12906611)
And yet the government issued English language description of the TIE processes for the various scenarios nowhere as much as mentions a Padron!

https://blogextranjeriaprogestion.or...BREXIT_ENG.pdf

The process only mentions proving you are in spain from a set date. The padrón doesn't prove that just the date of issus.
Our solicitor has said we must use our bank cards as much as possible to show that we are residing in Spain. At no point has she said we need a Padron cert for the application and we will be applying at Alicante.
The padrón has been used previously as a proof of address but we will just supply a copy of our deeds, electric bill, water bill and some receipts from Suma from earlier this year.

I may be wrong but will find out from her on the 14th

bobd22 Sep 7th 2020 4:14 pm

Re: Applying for residency before EU withdrawal
 

Originally Posted by Barriej (Post 12906651)
The process only mentions proving you are in spain from a set date. The padrón doesn't prove that just the date of issus.
Our solicitor has said we must use our bank cards as much as possible to show that we are residing in Spain. At no point has she said we need a Padron cert for the application and we will be applying at Alicante.
The padrón has been used previously as a proof of address but we will just supply a copy of our deeds, electric bill, water bill and some receipts from Suma from earlier this year.

I may be wrong but will find out from her on the 14th

Barry is your difficulty re padron that the Ayuntamiento won't sign you on the padron without you having residencia? Or is it that you don't wish to be on the padron? As you are making yourself resident, if it were me and ayuntamiento will allow you to sign on the padron before attending for the TIE, I would do that as you will be doing it immediately after getting residencia with the TIE anyway. If that helps the system go more smoothly what's to lose? I myself did ensure I never signed on the padron until I was indeed resident that was under old system. However doing my wifes residencia under new TIE rules and from information provided by extranjero office at Malaga they did say padron certificate required for part 1 of the application so rather than argue it with them and fact that my wife would have signed on the padron immediately following the issue of the TIE we got her signed on the padron prior to attending for Extranjero Office part of the new process. Just how we did it not saying what's right or wrong but certainly Málaga did say that's how they wanted it so we didn't rock the boat so to speak.

inbarcelona Sep 7th 2020 8:22 pm

Re: Applying for residency before EU withdrawal
 

Originally Posted by Notdunroamin (Post 12906611)
And yet the government issued English language description of the TIE processes for the various scenarios nowhere as much as mentions a Padron!

https://blogextranjeriaprogestion.or...BREXIT_ENG.pdf


I know, but Barcelona won´t do a TIE without a Padron certificate and it seems Malaga is the same.

bolton wanderer Sep 7th 2020 9:01 pm

Re: Applying for residency before EU withdrawal
 

Originally Posted by inbarcelona (Post 12907023)
I know, but Barcelona won´t do a TIE without a Padron certificate and it seems Malaga is the same.

.......and Alicante.


Joppa Sep 9th 2020 11:19 pm

Re: Applying for residency before EU withdrawal
 
Malaga doesn't require Padron certificate as confirmed by my gestor applying for us.

bobd22 Sep 9th 2020 11:45 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 10th 2020 12:41 am

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 7:24 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 10:18 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 10:26 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.


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