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Unable to get residencia?

Unable to get residencia?

Old Nov 27th 2020, 9:39 am
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Default Unable to get residencia?

Another letter from the uk government advising us to ensure that we get our residencia sorted asap. But there must be some people who are/have been living here and do not thave the income/bank ballance to qualify for residencia? What happens to them? Will they be rounded up and deported? I know the law says that you have to apply after 90 days, but if you are turned down, what then?
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Old Nov 27th 2020, 9:46 am
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Default Re: Unable to get residencia?

Well as Trump is not running this country they won't face the firing squad

https://www.nytimes.com/2020/11/25/u...trocution.html

I do not know the answer but would assume pre Brexit deportation would have been difficult post brexit who knows?
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Old Nov 27th 2020, 9:59 am
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Default Re: Unable to get residencia?

Originally Posted by teuchterpete View Post
Another letter from the uk government advising us to ensure that we get our residencia sorted asap. But there must be some people who are/have been living here and do not thave the income/bank ballance to qualify for residencia? What happens to them? Will they be rounded up and deported? I know the law says that you have to apply after 90 days, but if you are turned down, what then?
p.s. we have ours!
Pete
I don't think anything will happen to them until they leave the EU, perhaps returning to the UK for holidays or trips for healthcare. Returning to Spain may not be as easy as it once was.
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Old Nov 27th 2020, 10:03 am
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Default Re: Unable to get residencia?

Originally Posted by teuchterpete View Post
Another letter from the uk government advising us to ensure that we get our residencia sorted asap. But there must be some people who are/have been living here and do not thave the income/bank ballance to qualify for residencia? What happens to them? Will they be rounded up and deported? I know the law says that you have to apply after 90 days, but if you are turned down, what then?
p.s. we have ours!
Pete
Hi, yes an interesting question as I know a couple of people who have been living here for years without residencia! They fly over to the UK for their "annual checkup" etc. I can't imagine how they could meet the income and healthcare requirements. They have made Spain their home so it would be devastating for them to be deported.

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Old Nov 27th 2020, 10:09 am
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Default Re: Unable to get residencia?

Originally Posted by teuchterpete View Post
Another letter from the uk government advising us to ensure that we get our residencia sorted asap. But there must be some people who are/have been living here and do not thave the income/bank ballance to qualify for residencia? What happens to them?
There are plenty of UK citizens that have been living in Spain for years without obtaining the required residency. Yes some may well not have the required income/bank balance in order to obtain residency or they may well have simply said I am not doing it for whatever reason. Will Spain be sympathetic towards them? I would personally doubt that as if not resident then they will not have been paying the tax they probably should have been to Spain. For many that will be the exact reason they never bothered with residency. It was fairly easy to stay under the radar in the past so long as one didn't bring themselves to the attention of Spanish authorities, I would guess that is about to change? What happens if found out is the big question I suppose time will tell.
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Old Nov 27th 2020, 10:22 am
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Default Re: Unable to get residencia?

I very much think nothing will happen unless they become involved with police. It is is simply logistics. There are literally thousands of people in Spain without papers. I know of plenty of Russians who effectively live here without official papers. As far as I am concerned it's not my business. If people dont mind the insecurity of this and are aware of the consequences then it's their choice.
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Old Nov 27th 2020, 10:39 am
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Default Re: Unable to get residencia?

Offences and penalties - Reception Guide

You can't be deported unless you commit a serious offence.
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Old Nov 27th 2020, 10:55 am
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Default Re: Unable to get residencia?

Originally Posted by Chipmonk View Post
I very much think nothing will happen unless they become involved with police. It is is simply logistics. There are literally thousands of people in Spain without papers. I know of plenty of Russians who effectively live here without official papers. As far as I am concerned it's not my business. If people dont mind the insecurity of this and are aware of the consequences then it's their choice.
It’s not just any of the police forces there is also Border Control to consider from next year and 2022 all entry points into the Schengen area will be linked and the 90 day count starts from the first entry. Anything over 90 and entry will be refused and remember it is cumulative. Also more searching questions at passport control. DO NOT LEAVE SPAIN WILL HAVE TO BE THE RULE FOR ILLEGALS!
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Old Nov 27th 2020, 10:58 am
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Default Re: Unable to get residencia?

Originally Posted by Chipmonk View Post
I very much think nothing will happen unless they become involved with police. It is is simply logistics. There are literally thousands of people in Spain without papers. I know of plenty of Russians who effectively live here without official papers. As far as I am concerned it's not my business. If people dont mind the insecurity of this and are aware of the consequences then it's their choice.
Yes unless they bring themselves to notice of officials or police as you say they will probably continue to stay under the radar. However problem may occur when returning to Spain should they leave the country for whatever reason, the passport checks may well be more rigorous and require stamps or whatever? Which could well bring them to attention. Should that happen then whilst I accept the point Moses makes re deporting etc, being stopped at immigration showing that you are over the Shengen rules on staying without freedom of movement. Surely immigratiin COULD simply say not allowed back in which is very different to deportation. What will actually happen who knows until the first instance comes to light.
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Old Nov 27th 2020, 10:59 am
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Default Re: Unable to get residencia?

Originally Posted by EsuriJohn View Post
It’s not just any of the police forces there is also Border Control to consider from next year and 2022 all entry points into the Schengen area will be linked and the 90 day count starts from the first entry. Anything over 90 and entry will be refused and remember it is cumulative. Also more searching questions at passport control. DO NOT LEAVE SPAIN WILL HAVE TO BE THE RULE FOR ILLEGALS!
Exactly how I see it, certainly not how I would want to live.
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Old Nov 27th 2020, 11:12 am
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Default Re: Unable to get residencia?

Originally Posted by Moses2013 View Post
Offences and penalties - Reception Guide

You can't be deported unless you commit a serious offence.
Perhaps not even then! Don't forget "human rights", or is this just in the UK?
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Old Nov 27th 2020, 11:13 am
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Default Re: Unable to get residencia?

I should imagine everyone will have passports stamped. There is no requirement to show TIEs or green cards as everyone will be treated as non EU members irrespective of residence. Residents will not be allowed faster channels.
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Old Nov 27th 2020, 11:18 am
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Default Re: Unable to get residencia?

Originally Posted by Chipmonk View Post
I should imagine everyone will have passports stamped. There is no requirement to show TIEs or green cards as everyone will be treated as non EU members irrespective of residence. Residents will not be allowed faster channels.
Not sure how it will work. However residence in Spain pre 1 Jan does have protections under the WA so they cant simply treat all UK citizens the same? I would imagine that as well as passport they will check your TIE or Green card.
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Old Nov 27th 2020, 12:12 pm
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Default Re: Unable to get residencia?

Originally Posted by Chipmonk View Post
I should imagine everyone will have passports stamped. There is no requirement to show TIEs or green cards as everyone will be treated as non EU members irrespective of residence. Residents will not be allowed faster channels.
Nonsense.
Residents with TIE will not get stamps and will only be ID checked and run through security databases.
Non-residents get stamps and full checks, but checks could be scaled down at busy times.
Its all in Schengen border code. Fast gates are only for EU/EEA/CH nationals.

If someone has spent more than 90days and has no TIE/visa/etc at border check, he'll get proper shake-down and fine/ban.
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Old Nov 27th 2020, 3:31 pm
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Default Re: Unable to get residencia?

Don't disagree with above but how does that work in non-airport/port situations - ie driving across borders? OK from UK impossible as access to channel tunnel controlled but say - driving from Russia to Spain. Assume you are controlled getting out of Russia but then...just fill the tank and go.

Are EU borders 'closed' from 2022 with this new system that is coming...

(OK I am expanding the discussion away from just the Brits)
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