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-   -   Proof of income for residency (https://britishexpats.com/forum/spain-75/proof-income-residency-757881/)

Fred James May 11th 2012 3:48 pm

Re: Proof of income for residency
 

Originally Posted by SueG (Post 10054369)
Sorry Fred no - we are trying to find the law itself but not having an awful lot of luck - but that is what we are being told in the Benidorm office

This is the law:- http://www.boe.es/diario_boe/txt.php?id=BOE-A-2012-5403

It is mainly about healthcare and prescriptions but lurking at the end is an amendment to the existing residency law.

This is the relevant section

Disposición final quinta. Modificación del Real Decreto 240/2007, de 16 de febrero, sobre entrada, libre circulación y residencia en España de ciudadanos de los Estados miembros de la Unión Europea y de otros Estados parte en el Acuerdo sobre el Espacio Económico Europeo.

Mitzyboy May 11th 2012 4:46 pm

Re: Proof of income for residency
 

Originally Posted by SueG (Post 10054401)
As at today - it is per person and if you cannot prove that this they are refusing the certificates. We have had at least two clients who are not of pensionable age and are not working here refused their residency certificates.

Well, if they asked me to provide proof I couldnt because pensions are all in my wifes name.

Do foreigners certificates have to be renewed nowadays?

lynnxa May 11th 2012 5:06 pm

Re: Proof of income for residency
 

Originally Posted by Mitzyboy (Post 10054978)
Well, if they asked me to provide proof I couldnt because pensions are all in my wifes name.

Do foreigners certificates have to be renewed nowadays?

the she'd have to prove she can support you!!!!


the certs don't have to be renewed I don't think........... but the SIPs/tarjetas sanitarias do............

Fred James May 11th 2012 5:41 pm

Re: Proof of income for residency
 

Originally Posted by lynnxa (Post 10055016)
...... but the SIPs/tarjetas sanitarias do............

They may do in Valencia but in Andalucia they don't - mine is now 13 years old.

lynnxa May 11th 2012 5:44 pm

Re: Proof of income for residency
 

Originally Posted by Fred James (Post 10055078)
They may do in Valencia but in Andalucia they don't - mine is now 13 years old.

maybe :confused:

Chiclanagir May 11th 2012 6:02 pm

Re: Proof of income for residency
 
Looks like I am wrong........it also says that after five years of uninterrupted residence you have the right of permanent residency or words to that effect.

Right of residence for more than three months

The right of residence for more than three months remains subject to certain conditions. Applicants must:

either be engaged in economic activity (on an employed or self-employed basis);
or have sufficient resources and sickness insurance to ensure that they do not become a burden on the social services of the host Member State during their stay. The Member States may not specify a minimum amount which they deem sufficient, but they must take account of personal circumstances;
or be following vocational training as a student and have sufficient resources and sickness insurance to ensure that they do not become a burden on the social services of the host Member State during their stay;
or be a family member of a Union citizen who falls into one of the above categories.

Fred James May 11th 2012 6:28 pm

Re: Proof of income for residency
 

Originally Posted by Chiclanagir (Post 10055113)
Looks like I am wrong........it also says that after five years of uninterrupted residence you have the right of permanent residency or words to that effect.

That's correct.

Article 10 - Right of permanent residence
1. Citizens of a European Union Member State or of another state party to the Agreement on the European
Economic Area and their family members who are not EU/EEA citizens and who have been legally resident in
Spain for a continuous period of five years have the right of permanent residence. This right shall not be subject to
the conditions laid down in Chapter III of this Royal Decree.


It is in Chapter III that the new rules have changed so I would assume that there is no way they can revoke an existing permanent right of residence if you no longer meet the income/health requirements.

Im_and_Er May 11th 2012 7:41 pm

Re: Proof of income for residency
 
Note that the quoted article 10 says 5 years uninterrupted 'LEGAL residence' and that is the crux.

In broad basic terms it means that you must have sufficient resources so as to not be a burden on the host state.

Fred James May 11th 2012 8:00 pm

Re: Proof of income for residency
 
Yes but if you are in possession of the permanent residency document then by definition your 5 years initial stay must have been legal or it would not have been issued.

The existing law says that the only way you can lose your right of permanent residence is if you leave Spain for two years or for serious reasons of public policy or public security (whatever they might be).

Im_and_Er May 12th 2012 6:23 am

Re: Proof of income for residency
 
Be they legally resident or not it would be interesting to learn how, in practice, any signatory to the Schenegen agreement could exclude or expel a citizen from another state ?

avocados May 12th 2012 8:16 am

Re: Proof of income for residency
 
I think that they'll implement the rules for a while and see what happens. It's exectly the same as the new tougher rules regarding health cover for Spanish Nationals. When they realised that too many people were dropping out of the system and being left without health cover they suspended the new rules (internal memo to staff). It was considered unconstitutional as everyone is entitled to health cover.


I guess there will be a lot of foreigners getting married to Spaniards in the near future!! Myself included. Maybe they'll try to make that illegal also, lol.

Fred James May 12th 2012 9:20 am

Re: Proof of income for residency
 

Originally Posted by Im_and_Er (Post 10055933)
Be they legally resident or not it would be interesting to learn how, in practice, any signatory to the Schenegen agreement could exclude or expel a citizen from another state ?

In practice, to be such a risk to security you would have to be caught with a bomb in your Y-Fronts!

I guess they have to have a get out clause just in case although it is unlikely ever to be used.

purpleflower May 12th 2012 11:16 am

Re: Proof of income for residency
 
What will happen to people who are turned down for a residency certificate, will they be given a chance to find an income etc or will they be told to leave Spain?

Does anyone know yet whether the official figure of income is 432 euros per person per month for a couple or if there is a different amount?





Originally Posted by Fred James (Post 10056134)
In practice, to be such a risk to security you would have to be caught with a bomb in your Y-Fronts!

I guess they have to have a get out clause just in case although it is unlikely ever to be used.


lynnxa May 12th 2012 11:28 am

Re: Proof of income for residency
 

Originally Posted by purpleflower (Post 10056269)
What will happen to people who are turned down for a residency certificate, will they be given a chance to find an income etc or will they be told to leave Spain?

Does anyone know yet whether the official figure of income is 432 euros per person per month for a couple or if there is a different amount?

SueG seems to have been the only one here to have actually come across this - afaik she was just told per person per month


if you're an EU citizen they can't just tell you to leave for not registering

purpleflower May 12th 2012 11:31 am

Re: Proof of income for residency
 

Originally Posted by lynnxa (Post 10056279)
SueG seems to have been the only one here to have actually come across this - afaik she was just told per person per month


if you're an EU citizen they can't just tell you to leave for not registering

Thanks lynn, will my fiance (getting married in one week) get the same rights as me, he is an American citizen and is at present here on the 90 day tourist visa?


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