Silk

Hi all, I have an interesting one.

Got to Spain 15th December. Spent a frantic week looking at properties to rent and getting a 6 month lease sorted out before the end of the year. Got my health insurance sorted (which was delayed until I had a Spanish bank account). Health Insurance dated 31/12/20.

Applied for my Padron early January. But due to a large backlog of applications (as so many Brits living in Spain had never bothered) I am still awaiting it (4-5 week delay). However they gave me a stamped form to say I was in the system for my residency application.

Anyway I have had my application turned down as I hadn't applied for my Padron in December. Their refusal being because the date of the Padron application was in the year 2021.

As far as I was aware the requirements were to be living in Spain and have a minimum 6 month property lease by 31/12/2020. You would also have to show sufficient funds either as savings or regular income and have full health insurance.

Being turned down because the Padron wasn't applied for till the New Year was not on my radar at all.

Anyone else ran into this issue?

missile

Sorry to hear this. I am sure there will be many last minute applicants who will be rejected.

Barriej

Where was this?

The wording on the application does not mention the Padron as a proof because you shouldn't be on it unless you are already resident. (not that the rules stop you being asked for stuff thats not needed)
We did ours through Alicante and they insisted on it, so we went to our town hall and it was printed off there and then (I assuming you are in a large town or city)

Did you also do this yourself? And did you present the paperwork in person?

I left it all to our solicitor and she filled the paperwork online and we had an acceptance email within 2 weeks. Which allowed me to start the driving licence exchange as well.
Don't have the fingerprint appointment yet (I'm going to nudge the solicitor in a minute)

You should still be Ok with your application as you still have time, although you will have to start again from the begining.
It shouldn't matter about which date you got the Padron if you are already here and can demonstrate that fact.

Fred James

Thats a problem. I suppose that since the Padron is normally how you prove that you were resident, an out of date one would bounce. However there are other ways to prove that you were physically in Spain, Airline tickets etc. I think it is a normal case of them being petty.

My advice would be to contact a local Gestor who understands the system. You clearly have a good case, it just needs to be explained properly by someone who knows the system.

Notdunroamin

The rules say 'living in Spain' before the deadline so it might not be completely out with reason if applications from people who had scraped in by first arriving on Spanish soil literally days before the 31st. deadline might come under closer scrutiny.

I'm confused though as for the initial EX-20 you don't need a padron, were you perhaps trying to be 'helpful' by submitting whatever it was you had which said that you were 'in the system'?

Lou71

My understanding is that UK nationals needed to have a physical presence in Spain before 31 December 2020 and have until 30 June 2021 to finalise their residency application.

Don't struggle with this one alone, get some proper legal advice. I think you can find a way around it with some hard evidence of your actual presence in Spain before the end of 2020.

I hope you can sort this out.

Dxf

Hola
The Padron may be the problem in that there are two dates on it. First is the date of issue as it only lasts for 90 days but the second is the date the first time the Padron was issued. If this is in 2021 then any clerk would have to ask for proof that you were living here before 31st December 2020. On today's Zoom meeting with the British Consul, they stated that bills and bank statements could be used.

If the OP hasn't paid any bills in 2020, then they may be in trouble

Davexf

spainrico

I agree with Fred let a professional give it another shot - their local knowledge and expertise may do the trick. A lot of us Expats have had issues with the administrative issues over the years which are usually resolved one way or another.

Silk

Thanks everyone for your comments.

Hi Fred, I had a Gestor process my application. I have ample proof of living in Spain. I pretty much paid for everything on one bank card and have the associated receipts (but they were not interested in those as none had my name on them). Plus I have AirBNB invoices for my stay prior to leasing a property. I am in the Costa Del Sol and was told Malaga can be a PITA with applications. Seems they were right.

I have contacted an Attorney and will let you know what he says in case anyone else runs into the same problem.

Chipmonk

You definitely need a Spanish speaking local gestor to try and sort this out. Some offices may be stricter than others meaning you have to appeal. Some might feel that 15 December doesn't constitute enough time to be effectively living here. Who knows. Anyway get someone who is local as you will definitely need a bit of help

Silk

Yes, from my understanding it was physical presence in Spain before 31 December that was the key factor. Health insurance and proof of sufficient savings/income needed to be documented at time of application not specifically before 2021 if application was after the 31st December. They are effectively saying documents dated 2021 are inadmissible in your application (including health insurance).

Silk

I'm not far from Marbella and so my application was in Malaga. From someone looking in from the outside it seems like they are able to apply any interpretation they like to the rules and are using them more as a guideline and basing the rest on which way the wind is blowing, or which side of the bed they got out of that morning. Either that or the official public documents as to what constituted living in Spain prior to the official Brexit end date were woefully inaccurate.

Chipmonk

I am afraid it is going to be a bit like that. The rules are guidelines for the officer who will be trying to assess your application. Whatever you do dont try and do it in English. Pay someone who is Spanish and local ( they will know people) to see if the decision can be reversed. Unfortunately there will be a line in the sand and that could well be that they simply wont accept such a late application as it doesnt prove you were properly living here before 31st. I would imagine you will get it but you need to go with the flow on the ground and not official procedures.

missile

To be fair they have to draw a line in the sand for late applications, or where does it stop?

• My application is only a day late
• My application is only a week late
• My application is only a year late

Try that on with HMRC when you fail to submit your Self Assessment Tax Return by the cut off date.

Silk

The line in the sand was stipulated as 31st December 2020. The proof of living in spain being a home or a rental agreement of at least 6 months that preceded that day. There is no stipulation that the application process had to be before January 1st.

In fact EU official documentation states under Residence Rights:

"EU citizens and UK nationals who arrived in the host state before 1 January 2021 enjoy the same rights and obligations under the Withdrawal Agreement as those who arrived in the host state before 1 February 2020."