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Residency rights can be lost!

Residency rights can be lost!

Old Aug 5th 2020, 1:14 pm
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Default Residency rights can be lost!

British embassy Madrid - Brits in Spain FB page explains:-

'You are required to register with the Spanish authorities if you reside in Spain. However, we have had a number of questions from people asking how long they can be absent from Spain without losing their residency status and hence rights under the Withdrawal Agreement. If you have been legally resident in Spain for fewer than five years your status may be affected if you are absent for six months or more at one time. There are some exemptions to this rule where one absence of 12 consecutive months may be permitted, for reasons such as pregnancy and childbirth, serious illness, study or vocational training. Once you are a permanent resident (i.e. resident for 5 years or more), the Withdrawal Agreement states that your residency right will only be lost through absence from the host state for a period of more than five consecutive years.'

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Old Aug 5th 2020, 1:34 pm
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Default Re: Residency rights can be lost!

Originally Posted by spainrico
British embassy Madrid - Brits in Spain FB page explains:-

'You are required to register with the Spanish authorities if you reside in Spain. However, we have had a number of questions from people asking how long they can be absent from Spain without losing their residency status and hence rights under the Withdrawal Agreement. If you have been legally resident in Spain for fewer than five years your status may be affected if you are absent for six months or more at one time. There are some exemptions to this rule where one absence of 12 consecutive months may be permitted, for reasons such as pregnancy and childbirth, serious illness, study or vocational training. Once you are a permanent resident (i.e. resident for 5 years or more), the Withdrawal Agreement states that your residency right will only be lost through absence from the host state for a period of more than five consecutive years.'

=68.ARDADG_Uw3z3YJiS9afgWG53I5BsCHWdAVRJsdjW9n6CPC xRYwxdk6gtXVE2W7QEIvcEPggDEkLAJKykPIiVGa_jIQtihNge 94ZsZz7xR2XHnkONketenZt6KzsmMPlWze2mGx7tZclX6DxtxI _ykOAZ83eZ-mT6A0w3lw7dSj9QqLC-WsBoNQ9IFnoh_3pp1XI9mjVGl-VXfB8dN4zNPU-1T67pz0XAz4ZWhUc2JSv1nBcCruXcCYTcZaKj-DX000_gSe6i1mjhynljj6g4g_Mh12Xc2BFOzG44o-dv9fk6Z9jDoO66PQqiKNAXloKTVmt_0lLQEIm6AuLEPZ8S4lhC C6E1F0lQmRUgi37ujlcBxQEdTkCdW0k9]https://www.facebook.com/BritsInSpain/?__tn__=kC-R&eid=ARBlC-sTGxoMVNz5bA4JSxjSE7yjn0PXXEUzjW_MLrcUWfrOunsFpkQW FxuO3IJEZFMAJMNSATVz_xpp&hc_ref=ARSBNAiiedR-kkL9BhHiM_kawOhZNjY_7NM69sHi3Wj-Qd8Yx2ACTIDEy5nNo9Ct9uk&fref=nf&__xts__[0]=68.ARDADG_Uw3z3YJiS9afgWG53I5BsCHWdAVRJsdjW9n6CPC xRYwxdk6gtXVE2W7QEIvcEPggDEkLAJKykPIiVGa_jIQtihNge 94ZsZz7xR2XHnkONketenZt6KzsmMPlWze2mGx7tZclX6DxtxI _ykOAZ83eZ-mT6A0w3lw7dSj9QqLC-WsBoNQ9IFnoh_3pp1XI9mjVGl-VXfB8dN4zNPU-1T67pz0XAz4ZWhUc2JSv1nBcCruXcCYTcZaKj-DX000_gSe6i1mjhynljj6g4g_Mh12Xc2BFOzG44o-dv9fk6Z9jDoO66PQqiKNAXloKTVmt_0lLQEIm6AuLEPZ8S4lhC C6E1F0lQmRUgi37ujlcBxQEdTkCdW0k9

Wow! I thought, with permanent residency, it was only 2 years absence. Is this a recent change due to Brexit and the WA?

5 years seems like a long time to be away.

Last edited by snikpoh; Aug 5th 2020 at 1:37 pm.
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Old Aug 5th 2020, 1:59 pm
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Default Re: Residency rights can be lost!

Yes, it's now 5 years for those who have 'permanente'.
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Old Aug 5th 2020, 2:48 pm
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Default Re: Residency rights can be lost!

5 years!! Wow that means you can recieve inheritances under uk law even UK CGT. I thought it said 2 but who's complaining!
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Old Aug 5th 2020, 2:52 pm
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Default Re: Residency rights can be lost!

Incidentally, does anyone know officially when your residency rights began? Is it the date on your card or date of padron? I assume card but I have heard people claim it's the padron
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Old Aug 5th 2020, 4:18 pm
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Default Re: Residency rights can be lost!

Date on your TIE, unless you are exchanging your green residence certificate, in which case it's the date on the latter. It's possible of course that they put the date of your padron, rental contract etc on the TIE as the start of your residence.
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Old Aug 5th 2020, 6:45 pm
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Default Re: Residency rights can be lost!

Under the old rules it was 2 years. The withdrawal agreement changed it to 5 years.

There is no way that it would be the date on the padrón as you may have moved house in the last year and got a new padrón having lived in Spain for 20 years.

Also. when applying for a TIE as an existing resident the only documents you need are the application form and a photo, your passport, your green registration certificate/card and a form showing that you paid the €12 fee. No requirement for a padrón certificate unless you have a new address since the registration document was issued.

Last edited by Fred James; Aug 5th 2020 at 7:02 pm.
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Old Aug 6th 2020, 5:12 am
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Default Re: Residency rights can be lost!

Where can I get the application form and the form to pay the fee? TIA
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Old Aug 6th 2020, 6:35 am
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Default Re: Residency rights can be lost!

Originally Posted by gill556
Where can I get the application form and the form to pay the fee? TIA
You can download it to print off from this link.
https://sede.policia.gob.es/Tasa790_012/
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Old Aug 6th 2020, 8:01 am
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Default Re: Residency rights can be lost!

Originally Posted by bobd22
You can download it to print off from this link.
https://sede.policia.gob.es/Tasa790_012/

... and the application form?

Is it EX20, EX23 or both. I am still confused because some people are stating it's 2 visits, first with EX20 and then the second with EX23
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Old Aug 6th 2020, 8:24 am
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Default Re: Residency rights can be lost!

Originally Posted by snikpoh
... and the application form?

Is it EX20, EX23 or both. I am still confused because some people are stating it's 2 visits, first with EX20 and then the second with EX23
If you are applying without having any residency then you need to complete the ex 20 and attend the Extranjero Office first. They will then give you authorisation to go to stage 2 which is carried out at the national police station. For that you need to complete an ex 23. If you are simply changing from the green residencia to TIE then you don't need the ex 20 or to attend the Extranjero Office, for an exchange it is the EX23 and you need an appointment at the national police station.
This link gives all the information required depending on whether initial application for the TIE or exchange etc. This is what we followed and we had no problems.
https://www.costablancaforum.com/are...part-1-107067/

This link gives you all the forms you can download to submit.
http://extranjeros.inclusion.gob.es/..._solicitudes2/

Last edited by bobd22; Aug 6th 2020 at 8:30 am.
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Old Aug 6th 2020, 8:27 am
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Default Re: Residency rights can be lost!

EX20 first if you don't have green residency certificate, EX23 for everyone. So if it's the first time you register as resident (or former registration was cancelled), you start with EX20, and then EX23.
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Old Aug 6th 2020, 9:45 am
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Default Re: Residency rights can be lost!

Originally Posted by Chipmonk
5 years!! Wow that means you can recieve inheritances under uk law even UK CGT. I thought it said 2 but who's complaining!
You will still remain a Spanish resident and more than likely a fiscal Spanish resident, so you will still be subject to Spanish taxes, including CGT and IHT.
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Old Aug 6th 2020, 9:50 am
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Default Re: Residency rights can be lost!

Originally Posted by stevesainty
You will still remain a Spanish resident and more than likely a fiscal Spanish resident, so you will still be subject to Spanish taxes, including CGT and IHT.
How can you be a fiscal resident if you spent 5 years out of country? Your fiscal residence would surely be in UK over that period of time
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Old Aug 6th 2020, 11:35 am
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Default Re: Residency rights can be lost!

Originally Posted by bobd22
If you are applying without having any residency then you need to complete the ex 20 and attend the Extranjero Office first. They will then give you authorisation to go to stage 2 which is carried out at the national police station. For that you need to complete an ex 23. If you are simply changing from the green residencia to TIE then you don't need the ex 20 or to attend the Extranjero Office, for an exchange it is the EX23 and you need an appointment at the national police station.
This link gives all the information required depending on whether initial application for the TIE or exchange etc. This is what we followed and we had no problems.
https://www.costablancaforum.com/are...part-1-107067/

This link gives you all the forms you can download to submit.
PORTAL DE INMIGRACIÓN. Modelos generales

Confused again.

The extranjeria is a department of the National Police and so is, usually, located in the National Police Station.

I suspect it is usually the extranjeria with EX23 for existing residents
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