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Just had my residency turned down

Just had my residency turned down

Old Jan 29th 2021, 3:31 pm
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Default Re: Just had my residency turned down

Originally Posted by Chipmonk
Yes. It's the Segundo paragraph that basically says that the padron was 2021 and therefore not applicable. Given that they only mention that I would say it was a cursory flip through documents and as soon as they saw something dated 2021 they rejected it. If they dont expressly ask for padron see if you can make a new application without padron or any documents 2021 and you might find it gets a bit further into the system. If that fails then you will definitely need a LOCAL lawyer to help. That is you need someone who knows someone in the office. It might seem shady but that is how it kind of works and it basically means someone will actually take a more focussed assessment.
Thank you. I'll do that and provide my bank statement that wasn't translated that shows everyday purchases in Spain,

Regarding CAB I appreciate your comment. I have paid for a lawyer there to give another opinion (still awaiting a further response from my other attorney) as the costs were negligible.
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Old Jan 29th 2021, 4:09 pm
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Default Re: Just had my residency turned down

Originally Posted by Chipmonk
Yes. It's the Segundo paragraph that basically says that the padron was 2021 and therefore not applicable. Given that they only mention that I would say it was a cursory flip through documents and as soon as they saw something dated 2021 they rejected it. If they dont expressly ask for padron see if you can make a new application without padron or any documents 2021 and you might find it gets a bit further into the system. If that fails then you will definitely need a LOCAL lawyer to help. That is you need someone who knows someone in the office. It might seem shady but that is how it kind of works and it basically means someone will actually take a more focussed assessment.
But doesn't that make a farce of the "as long as you were in Spain before 31st Dec 2020 you can make your application and be granted residency anytime before 30th June 2021" ??

If you rocked up here on the 31st Dec and then applied a couple of months later, none of your paperwork would be dated before 2021. But you are still here before the cut off date so by law (if it is one) you should be OK.

Or does it actually mean you should have started the residency process before the 31st????
Something that with Alicante is not possible.
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Old Jan 29th 2021, 4:38 pm
  #48  
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Default Re: Just had my residency turned down

It says they turned it down because the supplied documents did not meet the criteria set out in the law, and amongst the documents that were supplied was a padrón with a 2021 date.

Some ideas: The rent contract with your name and dates on it. Sworn statement from the landlord that you started living on that date. Sworn statement from the presidente de la comunidad if you're in a block. Date for your padrón application (not the padrón itself which is in 2021).

But I would see an immigration lawyer about this. E.g. the padrón date may need to be corrected somehow before you apply again.
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Old Jan 29th 2021, 4:41 pm
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Default Re: Just had my residency turned down

Originally Posted by Barriej
But doesn't that make a farce of the "as long as you were in Spain before 31st Dec 2020 you can make your application and be granted residency anytime before 30th June 2021" ??

If you rocked up here on the 31st Dec and then applied a couple of months later, none of your paperwork would be dated before 2021. But you are still here before the cut off date so by law (if it is one) you should be OK.

Or does it actually mean you should have started the residency process before the 31st????
Something that with Alicante is not possible.
It makes no mention of this stuff in the letter it simply states that the padron document was 2021 and therefore is not eligible
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Old Jan 29th 2021, 8:22 pm
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Default Re: Just had my residency turned down

Originally Posted by Chipmonk
It makes no mention of this stuff in the letter it simply states that the padron document was 2021 and therefore is not eligible
I've not read through the entire thread but if you've got a request for a Padron appointment dated prior to the end of 2020 you should be OK.
Even a screenshot from you computer would prove that you attempted to sign on the Padron prior to 2021.

I know that it has been difficult to get a Padron appointment in certain areas of Spain and when I put this to Babelia they advised to keep dated screen prints of any attempts which would prove that a request was made prior to 2021.

Good luck
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Old Jan 29th 2021, 8:31 pm
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Default Re: Just had my residency turned down

Originally Posted by bolton wanderer
I've not read through the entire thread but if you've got a request for a Padron appointment dated prior to the end of 2020 you should be OK.
Even a screenshot from you computer would prove that you attempted to sign on the Padron prior to 2021.

I know that it has been difficult to get a Padron appointment in certain areas of Spain and when I put this to Babelia they advised to keep dated screen prints of any attempts which would prove that a request was made prior to 2021.

Good luck
I kind of agree. I think, as I said before, that the application was given a quick initial assessment and they saw something that was dated 2021 and that made them immediately reject it without maybe looking at other papers which should have at least have given rise to further investigation.
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Old Jan 29th 2021, 8:56 pm
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Default Re: Just had my residency turned down

Originally Posted by Chipmonk
I kind of agree. I think, as I said before, that the application was given a quick initial assessment and they saw something that was dated 2021 and that made them immediately reject it without maybe looking at other papers which should have at least have given rise to further investigation.
I think they looked at the application, saw the OP had pitched up mid December, rented from mid December, got a health policy from Dec 31, has no utility bills, bank statements of note to show and decided 'this guy has not lived in Spain in any sense of the word'. In terms of Residency it does not come close.
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Old Feb 2nd 2021, 10:05 am
  #53  
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Default Re: Just had my residency turned down

An ex-colleague of mine, with permanent residency here, has just run into problems re permission to work.

He originally tried to switch to the TIE last year, but couldn't do so without the padron. He applied for this online, but is still waiting 3 months later for the cerfificate to be updated. Meanwhile, having applied for a job here, has been told via SS that he doesn't have permission to work, because the permanent residency card he has says Residente Comunitario.

When, if ever, the padron is sorted, he will have to try again and hope that the dates are acceptable.

I wonder if there are other people, living and working here for a while, who are finding themselves in this situation or if these checks are only done when you first begin the job. Given the delays, and given that the Covid situation was slowing things down and limiting the number of Citas, I imgine that quite a few people had put this off thinking it wasn't vital to do it before Dec 31

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Old Feb 2nd 2021, 10:19 am
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Default Re: Just had my residency turned down

Originally Posted by Rita1
An ex-colleague of mine, with permanent residency here, has just run into problems re permission to work.

He originally tried to switch to the TIE last year, but couldn't do so without the padron. He applied for this online, but is still waiting 3 months later for the cerfificate to be updated. Meanwhile, having applied for a job here, has been told via SS that he doesn't have permission to work, because the permanent residency card he has says Residente Comunitario.

When, if ever, the padron is sorted, he will have to try again and hope that the dates are acceptable.

I wonder if there are other people, living and working here for a while, who are finding themselves in this situation or if these checks are only done when you first begin the job. Given the delays, and given that the Covid situation was slowing things down and limiting the number of Citas, I imgine that quite a few people had put this off thinking it wasn't vital to do it before Dec 31
Doesnt make sense. If he is on SS then he must have made contributions so they would see that he has had contracts before. SS doesn't ask for your green card. They receive details from employer which only requires SS number. All persons who were resident before 31st December have protected rights under WA. If he was rejected SS would inform the potential employer. Are you sure he was legally resident before?
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Old Feb 2nd 2021, 10:48 am
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Default Re: Just had my residency turned down

Originally Posted by Chipmonk
Doesnt make sense. If he is on SS then he must have made contributions so they would see that he has had contracts before. SS doesn't ask for your green card. They receive details from employer which only requires SS number. All persons who were resident before 31st December have protected rights under WA. If he was rejected SS would inform the potential employer. Are you sure he was legally resident before?
Yes, he has had residency for years, and has worked and paid into the system, including during 2020, though not during all of it.
Apparently the person who he spoke to, from the SS, said they had checked with extranjeria and were told these are the new rules.
At the moment it doesn't seem there's much he can do but wait and hope.

Last edited by Rita1; Feb 2nd 2021 at 10:56 am.
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Old Feb 2nd 2021, 10:56 am
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Default Re: Just had my residency turned down

Originally Posted by Barriej
But doesn't that make a farce of the "as long as you were in Spain before 31st Dec 2020 you can make your application and be granted residency anytime before 30th June 2021" ??

If you rocked up here on the 31st Dec and then applied a couple of months later, none of your paperwork would be dated before 2021. But you are still here before the cut off date so by law (if it is one) you should be OK.

Or does it actually mean you should have started the residency process before the 31st????
Something that with Alicante is not possible.
Hola,

No it doesn't make it a farce; you have to prove repeat PROVE that you were LIVING here before the 30th December 2020 - something quite different to producing bits of paper.

Davexf (who loves the bureaucracy here in Spain LOL)
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Old Feb 2nd 2021, 11:30 am
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Default Re: Just had my residency turned down

Originally Posted by Rita1
Yes, he has had residency for years, and has worked and paid into the system, including during 2020, though not during all of it.
Apparently the person who he spoke to, from the SS, said they had checked with extranjeria and were told these are the new rules.
At the moment it doesn't seem there's much he can do but wait and hope.
Well there is a serious error then as the whole point of the WA is it protects your full rights. The thing is I dont understand what or why they would check. Obviously if he worked and has SS contributions then he has a right to things like paro pension, healthcare etc. How can he not be allowed to carry on working but still get healthcare? The simple solution is to go to his employer as they will be the ones SS will have notified as they will have submityed his contract of work
Also you mention the TIE. What difference does he think that will make unless he actually was told to go to SS and show a residency card? Like I say: SS would only have contacted him if an employer submitted a contract. That contract would have contained an SS number and possibly a NIE. Jow would they know anything about any TIE or green card?

Last edited by Chipmonk; Feb 2nd 2021 at 11:38 am.
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Old Feb 2nd 2021, 1:38 pm
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Default Re: Just had my residency turned down

Originally Posted by Chipmonk
Well there is a serious error then as the whole point of the WA is it protects your full rights. The thing is I dont understand what or why they would check. Obviously if he worked and has SS contributions then he has a right to things like paro pension, healthcare etc. How can he not be allowed to carry on working but still get healthcare? The simple solution is to go to his employer as they will be the ones SS will have notified as they will have submityed his contract of work
Also you mention the TIE. What difference does he think that will make unless he actually was told to go to SS and show a residency card? Like I say: SS would only have contacted him if an employer submitted a contract. That contract would have contained an SS number and possibly a NIE. Jow would they know anything about any TIE or green card?
I imagine that to put someone on the SS as active again, they must check some database as regards NIE and current status.
It's definitely not the advice that was given in the autumn, which was 'don't worry, you can make this change at any time, it doesn't have to be before 31/12." and that advice was in response to a query about this specific situation, ie the backlog in padron updates meaning the TIE couldn't be issued. He actally went to do the TIE anyway, with the justificante for the padron application, but was sent away.

It's not easy to chase up delayed bureaucracy and can be counter-productive if you annoy the wrong people. His plan is to consult a specialist lawyer but to be prepared just to wait.

It's come about because of a change in employment but I wonder if it will happen to others who are in continuous employment since before brexit, whether that will eventually be picked up on as well.
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Old Feb 2nd 2021, 1:45 pm
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Default Re: Just had my residency turned down

Originally Posted by Rita1
I imagine that to put someone on the SS as active again, they must check some database as regards NIE and current status.
It's definitely not the advice that was given in the autumn, which was 'don't worry, you can make this change at any time, it doesn't have to be before 31/12." and that advice was in response to a query about this specific situation, ie the backlog in padron updates meaning the TIE couldn't be issued. He actally went to do the TIE anyway, with the justificante for the padron application, but was sent away.

It's not easy to chase up delayed bureaucracy and can be counter-productive if you annoy the wrong people. His plan is to consult a specialist lawyer but to be prepared just to wait.

It's come about because of a change in employment but I wonder if it will happen to others who are in continuous employment since before brexit, whether that will eventually be picked up on as well.
I am a bit sceptical about this Sorry. It sounds like a bit of a TIE scare story. You keep talking about him but to my knowledge it would be the potential employer who would recieve notification as to reason. SS dont phone people they send a SMS to notify when contract active. The TIE has nothing to do with this. If anyone were to check then that information would be stored on computer it wouldn't be decided by asking you to present a plastic card
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Old Feb 2nd 2021, 1:56 pm
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Default Re: Just had my residency turned down

I wish I could be so sceptical.

I can only imagine that the database now contains entries to show who has and who hasn't applied for the TIE. The caller was able to give info about when the Residency was first issued and when it was renewed/made permanent.

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