Originally Posted by Moses2013

The rules are pretty clear and it's all on your Europa website. Rights and obligations:

• For stays of over three months: EU citizens and their family members — if not working — must 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. Union citizens do not need residence permits, although Member States may require them to register with the authorities. Family members of Union citizens who are not nationals of a Member State must apply for a residence permit, valid for the duration of their stay or a five-year period.

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Originally Posted by Smithy73

That's the problem - that is not clear at all - when local offices are looking for minimum specific resources held in a Spanish bank account and according to the above.. it shouldn't matter if you have to pay a little towards your treatment, so long as you can afford to! But at some offices it seems to matter.

Originally Posted by Moses2013

Member States may not lay down a fixed amount which they regard as 'sufficient resources', but need to take account of the circumstances in each individual case. In any case, the amount deemed to be necessary in order to accept that the EU citizen in question is self-sufficient may not exceed the threshold under which nationals become eligible for social assistance, or the threshold for the payment of a social security pension (Article 8(4), Directive 2004/38). Union citizens retain their residence right as long as they do not become an unreasonable burden on the social assistance system of the host Member State. National authorities can, when necessary, undertake checks as to the existence of the resources and their lawfulness, amount and availability. Self-sufficiency does not need to be acquired on the territory of the Member State of residence.25 Resources available to the EU migrant concerned from a third person must also be accepted.

Link here and your lawyer would have charged you €500:-) http://www.europarl.europa.eu/RegDat...08_REV1_EN.pdf
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Originally Posted by Smithy73

My lawyer didn't charge me anything for gaining the appointment or the advice

Originally Posted by Moses2013

Well, he didn't give you advice really:-). The problem is that EU law is EU law, but most local offices don't know the EU law. At the end of the day they can't throw you out and you aren't receiving social assistance.

Originally Posted by Smithy73

She was VERY helpful and without her help I wouldn't have been able to complete this on the first attempt

Originally Posted by Moses2013

All I can say is that the regulations are pretty clear.
have sufficient resources for themselves and their family members not to become a burden on the social assistance system of the host Member State during their period of residence, and have comprehensive sickness insurance cover in the host Member State.

Since you aren't burden on the social assistance system of the host Member State, no EU country can refuse.

Originally Posted by Fred James

Yes, but the law also says they must take into account the personal situation of the person concerned. Which gives them carte blanche to make up the rules as they go along.

Originally Posted by Smithy73

Anyhow - the thread was about helping the OP get his residency application passed on the next attempt and helping anyone else that reads this post.
Quoting the EU legislation is interesting - but when the foreigners offices at Police stations involved worked to their own set of rules - it's not helping anyone actually gain residency.
Since the UK seems to be leaving the EU soon (Dec 2020 at this rate) gaining Spanish residency for those that want it, will be important

Originally Posted by Moses2013

It's down to law and not what a local office says. Even then you still aren't a permanent resident and only have the right to reside, so until you've actually spent 5 years in Spain, you are not a permanent resident.

Originally Posted by Smithy73

Well after 2020, if you don't have it, you may not have the right to reside here at all..

When the local office says "No" because you haven't shown them some bit of paperwork that they were expecting, I think the OP has discovered that it is down to what the local office says!
Judging by one of his previous posts, he has plenty of money in a UK account and a healthcare insurance policy that satisfies the EU law

Originally Posted by Moses2013

It's down to law and not what a local office says. Even then you still aren't a permanent resident and only have the right to reside. If something changes with Brexit, they might want you to have lived in Spain for 5 years (Permanent residency) etc. so nobody knows.

Originally Posted by Smithy73

Sure, but where does it state what they see as sufficient income?!

The UK Gov website - https://www.gov.uk/guidance/residenc...ments-in-spain suggests that any health cover equivalent to the NHS, with a certificate covering Spain for the duration of your residency and then they even suggest a credit card statement showing funds available might be sufficient!!!

Which in my experience couldn't be further from the truth!!
The documentation needs to be in Spanish - So the health certificate needs to be in Spanish, showing cover for 1 year with no co payments etc
They want to see income into a Spanish bank account only! How much depends on the region!
They have no interest in what you may have in a UK bank account