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Residency Application

Residency Application

Old Dec 19th 2014, 12:24 pm
  #1  
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Default Residency Application

Hi,

I've recently moved to Barcelona with my wife and two children. We're now looking to apply for our residency, but I'd like answers to a few questions that I'm unsure of, that might be easier to get an answer here, than at the town hall, where my wife is having difficulty adjusting to Catalan (she can speak Spanish, but they insist on Catalan).

Firstly, it's been suggested that we may need our children's birth certificates and our marriage certificate translated, is this correct? Has anyone managed to apply for residency without having this done? They managed to get into school without this requirement.

Secondly, my employment status isn't easy to describe, so I'm not sure what they will require from me. I am a director of a UK company, and also an employee of that company. I am in the process of creating a Spanish company to work under, but this won't be done before our residency application. Would I be correct in thinking that I am neither employed in Spain (it would have to be a Spanish company?). or self employed in Spain (I would have to register as self employed).

If it is the case I am neither of those, then I've read that I will have to provide proof that I have sufficient resources as to not become a burden to the state, and also provide proof of private or public healthcare.

for a) sufficient resources, does anyone know exactly what proof they will need?

b) for healthcare, we do not have private healthcare, we are currently covered under the European Health Insurance card we were issued by the NHS. Is this sufficient, and do all family members have to show this card (my wife has lost hers, we are currently getting a replacement).

Finally, what happens if we take longer than 3 months to sort this out, if the documentation and translation takes us beyond that period for example?

Thanks,
Graeme.
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Old Dec 19th 2014, 12:46 pm
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Default Re: Residency Application

To answer a couple of your questions specifically;

The EHIC cards are for emergency, holiday treatment only (generally). So, you will need to either get an S1 form from DWP or you will have to have private health cover. I seem to recall that, as you are working in UK and paying NI there, you can get an S1 for health cover.

In terms of income/savings - you will need to have this paid into a Spanish bank on a regular basis or have the savings in a Spanish bank. I don't think that this is mandatory but it certainly helps and speeds things up.

You SHOULD do the necessary paperwork to get the "certificate of registration" (aka residencia) within 90 days of living here but, if it takes slightly longer, I can't see this being an issue. You will automatically be deemed resident after 90 days anyway but you just won't have the paperwork.

By-the-way, you don't APPLY for it, you simply fill in the forms and then you get it. We also didn't have to have anything translated but then that was a few years ago and a lot has changed since then.

Best of luck.
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Old Dec 19th 2014, 12:50 pm
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Default Re: Residency Application

Originally Posted by snikpoh
To answer a couple of your questions specifically;

The EHIC cards are for emergency, holiday treatment only (generally). So, you will need to either get an S1 form from DWP or you will have to have private health cover. I seem to recall that, as you are working in UK and paying NI there, you can get an S1 for health cover.

In terms of income/savings - you will need to have this paid into a Spanish bank on a regular basis or have the savings in a Spanish bank. I don't think that this is mandatory but it certainly helps and speeds things up.

You SHOULD do the necessary paperwork to get the "certificate of registration" (aka residencia) within 90 days of living here but, if it takes slightly longer, I can't see this being an issue. You will automatically be deemed resident after 90 days anyway but you just won't have the paperwork.

By-the-way, you don't APPLY for it, you simply fill in the forms and then you get it. We also didn't have to have anything translated but then that was a few years ago and a lot has changed since then.

Best of luck.
Great, thanks for your answers. It puts my mind at ease a bit, I had imagined that failing to register in time would cause all sorts of problems, getting kicked out etc, that's probably me just being very paranoid.

OK, I did read about the S1 form, but completely forgot about it. This definitely will apply for myself, as I do have wages coming in, and have paid NI contributions. However, how does that affect my wife and children (my wife does not work), will they be covered on this too?

I have a Spanish bank account, and have been transferring wages since it was open, so if I just bring bank statements, that should be proof enough?

Thanks again,
Graeme.
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Old Dec 19th 2014, 12:57 pm
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Default Re: Residency Application

You used to be able to get a Form S1 when you left the UK and it was valid for 2 years, which enabled you to get covered by the state health system. Sadly, that is no longer the case.

That means that you have three choices. Get a job in Spain and pay social security contributions or become self employed and pay the Autonomo fees or get private health insurance.

As for income - there are no hard and fast rules, but regular payments into a Spanish bank, a lump sum of about €6000 in the bank and even a similar amount of credit available on a credit card is now acceptable. Inevitably, as the rules are deliberately not clear, it depends on the person processing your application as to what they will accept.

The only documentation required is a passport.
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Old Dec 19th 2014, 1:01 pm
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Default Re: Residency Application

Originally Posted by graeme79
Great, thanks for your answers. It puts my mind at ease a bit, I had imagined that failing to register in time would cause all sorts of problems, getting kicked out etc, that's probably me just being very paranoid.
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If you're an EU citizen, you have the freedom of movement in the EU. They won't kick you out that soon :-)
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Old Dec 19th 2014, 1:04 pm
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Default Re: Residency Application

Yes, you have freedom of movement, but not the right to stay for more than 90 days.

That said, it's almost impossible to kick you out.
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Old Dec 19th 2014, 5:06 pm
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Default Re: Residency Application

Originally Posted by Fred James
You used to be able to get a Form S1 when you left the UK and it was valid for 2 years, which enabled you to get covered by the state health system. Sadly, that is no longer the case.

That means that you have three choices. Get a job in Spain and pay social security contributions or become self employed and pay the Autonomo fees or get private health insurance.

As for income - there are no hard and fast rules, but regular payments into a Spanish bank, a lump sum of about €6000 in the bank and even a similar amount of credit available on a credit card is now acceptable. Inevitably, as the rules are deliberately not clear, it depends on the person processing your application as to what they will accept.

The only documentation required is a passport.
Fred - from the gov.uk site, if you are working in UK (and therefore paying NI), you can get an S1 to cover health care whilst living in Spain.

... or is this wrong?
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Old Dec 19th 2014, 6:09 pm
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Default Re: Residency Application

How exactly can you be living in Spain and working in the UK?

I was referring to the situation where you moved to Spain and had previously been employed in the UK which is what the OP is going to do once he sorts out a Spanish company.

You could be posted abroad by a UK company and continue to pay UK NI which entitles you to an EHIC but I am not sure if they will give you an S1. What site suggests that they would do so?

Frankly I would just delay registering until the Spanish company is sorted out (quickly hopefully) and then get cover by paying autonomo or SS payments as an employee. If medical treatment is needed in the interim period then the EHIC should be acceptable.

The 90 day rule has no teeth as there is little they can do if you don't register. Legally they have to treat it as the same offence as a Spaniard not getting a DNI and the horrendous fine for that is a maximum of €100.

There could be complications of not registering if the children are of school age and need to get into a Spanish school but the whole question of schooling is another matter.
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Old Dec 19th 2014, 7:19 pm
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Default Re: Residency Application

If you are working for a UK company and your work is based in the UK and your family live in Spain, then they will issue an S1 for your family and you use the EHIC. If you are are working for a UK company and your work is based in Spain then you are required to pay contributions in Spain, and you and your family will be covered under the Spanish health scheme. There are also tax implications.
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Old Dec 19th 2014, 7:50 pm
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Default Re: Residency Application

Thanks for that explanation - it seems logical.
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