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Residency before 31st December question

Residency before 31st December question

Old Jun 28th 2020, 4:15 am
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Default Residency before 31st December question

Without going into the complications of why we currently cannot marry, my partner and I always planned to get married and move to Spain in 2020. That was before the virus struck. We bought a house in 2011 and it is ready to move into as our permanent home. I am past UK retirement age, my partner isn't but is retired due to ill health. We planned to marry so he could claim healthcare under my S1. We have a joint Spanish bank account and we both have NIE numbers. We are registered on our local village padron.

My partner is in poor health and travel to Spain would be difficult before the cut off date of 31st December to claim residency under the Brexit transition agreement.

If I travelled to Spain in September and claimed residency and it was granted, would my partner then automatically qualify for residency at a later date if we then married?

We have a good lawyer who has dealt with many things for us in the past ten years and we will be asking him for advice. But I wondered if anyone on this forum might have been in a similar situation in the past and have first hand knowledge of the answer. Thanks in advance.
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Old Jun 28th 2020, 5:03 am
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Default Re: Residency before 31st December question

Not sure is the answer. Certainly if you and your partner were married before 31 Dec and you were legally resident with an S1 then he could join you after the 31 Dec and you could add him to your S1 as a dependant. Upon him reaching retirement age himself he could then get an S1 in his own right. I would guess what you propose may well be allowed, however if I were you I would ask the embassy and get it in writing from them.
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Old Jun 28th 2020, 5:12 am
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Default Re: Residency before 31st December question

Thanks for your response, much appreciated. When you say "ask the embassy", is that the Spanish embassy in London or the UK embassy in Spain?
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Old Jun 28th 2020, 6:29 am
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Default Re: Residency before 31st December question

I wrote to UK embassy in Spain they have an online system to contact them.
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Old Jun 28th 2020, 6:32 am
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Default Re: Residency before 31st December question

Try this link https://www.contact-embassy.service....ulate%20Malaga
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Old Jun 28th 2020, 9:31 am
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Default Re: Residency before 31st December question

Originally Posted by Kenwoodlad
Without going into the complications of why we currently cannot marry, my partner and I always planned to get married and move to Spain in 2020. That was before the virus struck. We bought a house in 2011 and it is ready to move into as our permanent home. I am past UK retirement age, my partner isn't but is retired due to ill health. We planned to marry so he could claim healthcare under my S1. We have a joint Spanish bank account and we both have NIE numbers. We are registered on our local village padron.

My partner is in poor health and travel to Spain would be difficult before the cut off date of 31st December to claim residency under the Brexit transition agreement.

If I travelled to Spain in September and claimed residency and it was granted, would my partner then automatically qualify for residency at a later date if we then married?

We have a good lawyer who has dealt with many things for us in the past ten years and we will be asking him for advice. But I wondered if anyone on this forum might have been in a similar situation in the past and have first hand knowledge of the answer. Thanks in advance.
By the way you should not be on the padron until your are resident.

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Old Jun 28th 2020, 9:46 am
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Default Re: Residency before 31st December question

Originally Posted by Kenwoodlad
We have a good lawyer who has dealt with many things for us in the past ten years and we will be asking him for advice..
I would ask him asap. You are fast running out of time to gain residency before Doris pulls the plug
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Old Jun 28th 2020, 10:02 am
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Default Re: Residency before 31st December question

Originally Posted by missile
I would ask him asap. You are fast running out of time to gain residency before Doris pulls the plug
Well, the Withdrawal Agreement spells out you have 6 months after the implementation period to obtain your residence certificate. There is nothing concrete about it from the Spanish government or from British embassy, but I'd imagine an announcement is due about how this will be put into effect. There is a big backlog of applications from the lockdowns and it may become clear it's impossible to issue residence certificate for everyone who wants to establish residence in time.
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Old Jun 28th 2020, 10:17 am
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Default Re: Residency before 31st December question

Originally Posted by Joppa
There is a big backlog of applications from the lockdowns and it may become clear it's impossible to issue residence certificate for everyone who wants to establish residence in time.
That was my point. I suspect those who leave it to the last minute will be disappointed.
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Old Jun 29th 2020, 1:28 am
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Default Re: Residency before 31st December question

Originally Posted by missile
That was my point. I suspect those who leave it to the last minute will be disappointed.
We move on the 19th August and our solicitor has already said that its going to be tight to get our appointment before the end of Dec.
The driving licence bit worries me if we don't get residency before, as I will then have to take a Spanish driving test.

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Old Jun 29th 2020, 2:12 am
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Default Re: Residency before 31st December question

Originally Posted by Barriej
We move on the 19th August and our solicitor has already said that its going to be tight to get our appointment before the end of Dec.
The driving licence bit worries me if we don't get residency before, as I will then have to take a Spanish driving test.
If you are a competent driver, no need to worry about the test.

If you are nervous (or not), you might want to take some advanced driving lessons before you leave UK? See here > https://www.iamroadsmart.com/

Really helpful. They will identify any bad habits you may have acquired over the years.
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Old Jun 29th 2020, 2:48 am
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Default Re: Residency before 31st December question

Thanks for the link bobd22. I'll make an enquiry. I'm also contacting our solicitor this week and see if he can shed any light. Thanks to everyone for their replies and suggestions.
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Old Jun 29th 2020, 6:24 pm
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Default Re: Residency before 31st December question

Originally Posted by missile
If you are a competent driver, no need to worry about the test.
Easy to say but have you taken a Spanish test and are you fluent in the language?

The theory part of the test is now only conducted in Spanish.

You will also be classed as a probationary driver and subject to the conditions attached to that.

It's highly probable too that your insurance will reflect that resulting in significantly higher premiums.
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Old Jun 29th 2020, 6:44 pm
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Default Re: Residency before 31st December question

Originally Posted by Notdunroamin
1.Easy to say but have you taken a Spanish test and are you fluent in the language?

2.The theory part of the test is now only conducted in Spanish.

3.You will also be classed as a probationary driver and subject to the conditions attached to that.

4.It's highly probable too that your insurance will reflect that resulting in significantly higher premiums.
1.No, but I know several who have & yes I am.
2.At many schools the theoretical test can be taken in English, per this link https://practicatest.com/en/getting-...ain-in-english Barriej may find this link useful?
3.AFIK, a probationary license is only issued to YOUNG drivers?
4.Perhaps?

In any event:
Barriej would be wise to expedite his residencia and obtain his Spanish license by exchange.
If he fails to obtain residencia and cannot exchange Barriej would be able to obtain an international driving license

Last edited by missile; Jun 29th 2020 at 7:17 pm.
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Old Jun 30th 2020, 1:57 am
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Default Re: Residency before 31st December question

Originally Posted by Barriej
our solicitor has already said that its going to be tight to get our appointment before the end of Dec.
Hola

I have just heard from my solicitor of an English speaking Foreign Residents Association and they are now finding it impossible to get residencia appointments for British people, BUT appointments are available for Dutch, German and Belgium people!

The British Consulate have been notified and asked to help

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