partner status
 

My partner (UK nat.)is basically íllegal ..... in that his residencia ran out and he never renewed it so he´s not really registered anywhere.

I work here and have enough income to support us both. He has no income. Can I register him as my partner (not husband) so that he can get his residencia and also health care if required?

Re: partner status
 

Go to town hall and register as Pareja de Hecho;

Then go to police station and sort out the green certificate.

After ONE year (I think) as a registered couple, he will get medical cover. Go to INSS and sort out the documentation. You will need to prove cohabitation, possibly.

If he wants cover now, get married; 2 options in marriage contract - choose the one that doesn't link you fiscally (if that's your reason for not wanting to marry). I can't think of the terms.

P.S. Your partner is not illegal!!! and should not be referred to in those terms. He has merely not performed certain administrative duties. Don't let anyone tell you otherwise.

Re: partner status
 

Thanks for the info....I´ll check it all out with mr Google!

Re: partner status
 

If he isn't doing a tax declaration in Spain, then he is certainly acting illegally. Even if he isn't working, that is one requirement to live legally in Spain.

Re: partner status
 

Somebody should tell the Hacienda staff then! When I'd been resident in Spain for one full tax year, I rang the Madrid number and got an appointment at my local office to go in and have them complete my tax return online. Went along with all my paperwork, including copies of bank statement for them to see, and explained my circumstances - early retired, a small amount of income from savings interest, would be drawing down capital each year to live on until I started to receive a pension in 8 years' time (as it was then). We don't require you to do a tax return, said the lady, and we don't need to see you again until you start to receive your pension. I asked if they could somehow record on their system that that was the case, and to date I've had no further contact from them, I certainly haven't received one of the letters they have been sending out to people who own property in Spain but have not submitted tax returns (unlike at least one person I know).

Re: partner status
 

ahhh - but if you had been submitting tax returns you'd now be able to access free state healthcare.........

Re: partner status
 

in my area (Valencia) & in many others but not all, you need to prove that you have lived together for 12 months in order to register as pareja de hecho


your partner would have the same entitlements as a spouse from the date of registration

I'm pretty certain though that he'd need to be registered as resident before he can register as pareja de hecho, so he might be in a bit of a catch 22

Re: partner status
 

You also need to get a Certificado de Convivencia from your Town Hall for him to benefit from your payments. It only costs a very small amount - couple of euros I think. You will need to prove you have been living together for a while - joint rental contract is ok for that... plus everything like passports and Residencia photocopied a number of times.
Elle x

Re: partner status
 

Maybe so - until they change the rules again! I'm sticking with the devil I know until the OH reaches 65 in 18 months' time.:)

Re: partner status
 

........... is this just because of the pensionable age thing or does that apply (can't believe it does) to everyone submitting a tax return?

Re: partner status
 

I couldn't believe it either - but it's happened/is happening

more & more people who I know personally are accessing the state health system now where they couldn't before the new rules came into place

essentially if you were registered as resident & submitting tax returns before April 24th 2012 you are now entitled to do just that - no matter what your age


at least as many people I know are also now kicking themselves for staying 'under the radar' ;)

Re: partner status
 

But NOT if you live slightly north of you and have to apply to Valencia.

Alicante is fine, but Valencia are NOT implementing this new law yet!!

I have this answer from 'the powers that be'.

Re: partner status
 

you're joking!! I thought they were sorting that out!!:thumbdown:

Re: partner status
 

Well I think I count as 'below the radar' .... but only because a NOTARY advised me I didn't need to submit a return because my "income" ( I use the word with a wry grin as it's SOOO low) was low.
In fact visiting hacienda is literally on my list of things to do this week, before reading this thread :(

Re: partner status
 

a lot of asesores/gestores etc. did tell people not to bother :(


I do know of a few people who have got into the system because they were registered as resident, even though they hadn't done tax returns - they got the 'legislation letter' from the DWP & that did the trick

Re: partner status
 

What letter is that, not that I rate my chances too highly?

Re: partner status
 

you just ring the DWP in Newcastle - tell them your circumstances & ask for exactly that - the 'legislation letter'

it basically confirms that you live in Spain & that you have no right to healthcare in the UK

if you have the resident cert, & that proves that you were living here before April 24th 2012 , it's worth a try...........

Re: partner status
 

In Andalucia things seem to be typically hit and miss - some people reporting they have been able to get registered at their local centro salud, and others having been refused although they had all the paperwork officially required.

I know, for instance, that the administrator at my local centro de salud refuses to register anybody who doesn't have an EHIC card (which I don't, being in the "black hole" situation of an early retiree not entitled to an EHIC from either the UK or Britain). When we originally registered for our first 2 years here with our S1 forms, she insisted on having our EHIC cards (which luckily were still valid at that time) in spite of me trying to insist that they were only intended for tourists to access emergency medical treatment, not for people who were living in Spain full time. However, she registered my friend's small daughter for one year with just her passport and the EHIC, although I told her they were only here on holiday.

Re: partner status
 

Lynn, had the same problem here at the northern end of Andalucia.
My local surgery registered me using my EHIC although I had an S1 fully accepted and registered by SS and Medico. So when that expired so did my medical, although my doctor kept on seeing me and issueing me with prescriptions. I only found out when i couldn't log on to get an appointment.
When I retired fully I got another permanant S1 which again I took to be registered and they said they had no record of me - although i had a number.

Hopefully that is all behind me and I sit here waiting for my card !!

Re: partner status
 

Well not in Valencia as if you are below the tax threshold you are not obliged to submit one.

Re: partner status
 

you're not obliged to

but many have found (in my area anyway) that if they have been doing so they can get healthcare now, whereas if they haven't, they can't...........

Re: partner status
 

That depends - it's not as simple as that. The rules are quite complex.

For example if you have investment income of over €1600 then you must declare even if no tax is due.

It is a very common misconception.

There is a good article about it on this site http://goo.gl/QNYtO

Incidentally the rules are the same across Spain - Valencia does not have different rules.

Re: partner status
 

As per the original Q - we have decided to get married in Gibraltar which seems to be the easiest route.

So now I´d like to know how to go about registering (a) my new status as married and (b) that of my ´husband´ who has no current status except a well out of date NIE?

Any thoughts/help much appreciated.

Re: partner status
 

The NIE is never out of date!!! The number you are given stays with you for life. If the form he used to get registered was the EX15 then he would need to upgrade that to a Certificate of Residence using EX18 once he has his Green sheet and with your salary and marriage lines that should enable him to register for health care as your dependant.

Re: partner status
 

Avocados,
Could you explain the Pro-Con in reference to the Marriage (1) / (2) Option?
IE: What the benifit to linking - or not?

[ This is a new one on me ]

Thanks.
DSB.