How to become a permanent resident
 

Hi all. My wife and I have been considering a move to Spain for a some time. Then of course Brexit has happened, but it appears that it will be up to 3 years before it takes effect.
Question is - what is the process to apply for residency and how long would it take from start to finish. We are 65 and 64, British and Australian citizens and currently living in USA with Green cards. Thanks in advance.

Re: How to become a permanent resident
 

Under EU rules an EU citizen becomes a permanent resident of another EU country after five years of continuous legal residence.

The FCO has provided a webpage detailing the residency requirements.

https://www.gov.uk/guidance/residenc...ments-in-spain

Re: How to become a permanent resident
 

Thanks for that BritinParis. That is a very helpful website that answers just about all our current questions. Much appreciated.

Re: How to become a permanent resident
 

What I don't understand yet is; for someone coming over now, after 3 years of residency the UK leaves the EU (assumption), the 5-year rule for permanent residency is no longer valid so what happens.

Of course, no one knows but people mustn't assume that the rule will still exist in its current form.

Re: How to become a permanent resident
 

The 5 year rule is EU law and is not restricted to EU citizens so will continue to apply whatever the UK decides to do.

Re: How to become a permanent resident
 

So, are you saying that Spain will apply this (EU) rule even if the UK (and it's citizens) is not in the EU?


Aren't there different rules for non-EU citizens?

Re: How to become a permanent resident
 

So long as you have been legally resident it applies to anyone. That is why many people are worried about the refugees that Germany have allowed in. After 5 years they will have a permanent right to reside and then they can move to other EU countries and effectively transfer that right.

Re: How to become a permanent resident
 

Do you have a source for that? It certainly applies to EU citizens exercising their Treaty Rights in other member states but it doesn't apply to non-EU citizens in the UK for instance.

Re: How to become a permanent resident
 

I think the fact that the UK did not sign the Schengen agreement is why there may be a difference for non EU people wishing to transfer their permanent residency to the UK.

I don't have a source for that as the original post is about the right of residency in Spain.

Re: How to become a permanent resident
 

I don't think you transfer permanent residence from one member state to another either. Happy to proven wrong but I've never come across that in the legislation.

Re: How to become a permanent resident
 

http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32003L0109&from=en

Article 15.

It does allow a permanent resident of one state (not necessarily an EU citizen) to apply for residency in another state, subject to some conditions. To get permanent residency in that state may take time but at least non EU citizens do seem to have the right of movement within the EU once they have established permanent right of residence in the first state.

Re: How to become a permanent resident
 

Thanks. I'd be interested to know why this directive doesn't apply to the UK, Republic of Ireland and Denmark. Presumably an opt-out of some kind.

Re: How to become a permanent resident
 

I guess you are right. The UK was allowed to opt out of the recent Brussels IV succession laws.

Re: How to become a permanent resident
 

We have just gone through the rediculous paper chase to get our temporary 5 year residency, and were told that full residency will depend upon us once again being able to prove suffecient income ( our UK state pensions were deemed suffecient , as we could show that we owned our house with no morgage) AND (crucially), that we could prove our entitlement to health care. This last point will depend on whatever the UK government agrees with Spain. Private health care would be prohibitive as we are both at pension age. At the moment we got into the Spanish system via the S1 form.
Pete

Re: How to become a permanent resident
 

They are wrong.

Firstly, you are not obliged to go back and pay for a new piece of paper to prove that you have permanent residency. You get that by default after 5 years and there is no requirement for you to do anything at all.

If you do choose to go back and get a new certificate, the EU directive quite clearly states that you do NOT have to go through the income/health thing for a second time.

This is what the directive says.

1. Union citizens who have resided legally for a continuous period of five years in the host
Member State shall have the right of permanent residence there. This right shall not be subject to
the conditions provided for in Chapter III.

Chapter III is the section that deals with the income/health requirements.