24 Oct 2012 3:09 PM:

 

"Have they ever worked in Spain or contributed to Spanish Social Security? If so, for how long, and when did they last work?"

66d35

 

Yes, 2009-10, one full year as autonomo. 2008, 3 months as employee.

However, lets re-open the argument here 66d35. The way I interpret the new law is that ANYONE that is, as they directly quote "en situación legal", and to me that means they ARE on the registry and have a certificate, or other points we have discussed here, is entitled to free healthcare, working or not.

http://cosaspracticas.lasprovincias.es/derecho-tarjeta-sanitaria-asistencia-seguridad-social/

The story in Costa Blanca is unfolding by the hour, I will post more later. EVEN pensioners have had cards cancelled in Torrevieja. The more I read, the worse it gets.

more here:

http://www.torrevieja.co.uk/forum/viewtopic.php?f=12&t=100249&p=835897#p835897

 

 

 

This message was last edited by Pico163521 on 24/10/2012.
Thread: 2 major questions resulting from changes in Residency requirements and Healthcare

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24 Oct 2012 9:05 AM:

UPDATE:

As of early October, the Valencian health authorities are cancelling SIP cards left riight and centre.

I know of several people that had their cards cancelled overnight. There seems to be no barriers, for example, 2 people have simply had "temporary" SIP cards cancelled that have been out of date and until October were getting treatment for ongoing conditions e.g High Blood Pressure. 

More worrying is one person that has a full SIP card, is not currently working or claiming benefit, and has residency registration certificate that is the key document that new applications are requiring. I am convinced that this is not how the new law is supposed to work.

Anyone know anything on this one?

Thread: 2 major questions resulting from changes in Residency requirements and Healthcare

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13 Sep 2012 4:00 PM:

Thanks for the post Gus,

But having now read the link 3 times, I cannot concur with your statement:

The europa site appears to clearly state the following:

"In principle, you and your family are only fully entitled to medical treatment in the country where you live. However, some countries (see list below) offer pensioners who live abroad — but belong to their social security system — complete healthcare coverage on their territory too. "

The UK DOES NOT appear in that list.

Therefore, I would conclude that the S1 is not an extension, but a transfer of your rights, as far as the UK is concerned.

 

Thread: 2 major questions resulting from changes in Residency requirements and Healthcare

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13 Sep 2012 3:00 PM:

Firstly, thanks to all who have replied here, especially to 66d35 and Guslopez.

With Case 1, I see that indeed major questions are being asked, and the S1 transfer seems to be the key. Would I be right in thinking, in that whatever decison people take as to transfer of rights from UK to Spain via S1, the fact is that legally, (and I say this as we know there are probably huge numbers still registered in both countries) you can only be be registered for FULL healthcare in ONE country or the other? We know many using EHIC cards in Spain, many double registered, but the fact remains that you cannot "have your cake and eat it"?

 

With Case 2, it does not seem to have been picked up on, and I invite 66d35's comments here, that I am told that with FULL healthcare (Permanent SIP) now available to ALL EU citizens resident in Spain from 1st September, which helps a lot of early retirees here, or people simply living off savings etc., that they appear to be using the "registration certificate" as a prerequisite, as opposed to the NIE, and thus in my original post, there is a corrulation between the 2 new laws.

Also on point 2, the partner of the person referred to, IS registered on the "foreigners register" and has been for 3 years, although their income comes from the UK. Is that another point of automatic right to receive the certificate?

Thanks everyone

Thread: 2 major questions resulting from changes in Residency requirements and Healthcare

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12 Sep 2012 1:18 PM:

Firstly, I live in Alicante province, and as a fluent Spanish speaker and politically linked to my local Town Hall, I have been helping people solve local issues/difficulties for several years. As a result of the TWO major recent changes, a couple of interesting topics have arisen. Whilst the problems themselves are distincly different, they are linked by the changes to residency requirements and healthcare. These 2 cases were sparked by the announcement that as of 1st September ALL EU residents, permanently residing in Spain are to be entitled to a permanent SIP card, Retired or of  WORKING AGE, regardless. Wow! I simply couldn't believe it, at last the EU had put its foot down! That was until you realise the phrase, "permanently resident" and the NEW criteria for the "Foreigners Registration Certificate. The new rules state that NEW arrivals without state agreements must fulfil certain requirements including, if necessary, adequate private medical insurance. Great move Spain!  The new rules have been adequately explained in other threads, but here comes the 2 cases from concerned British citizens:

CASE 1: "I live here approximately 5 months of the year, as in all winter. As such I was obliged to register as Resident in Spain. When returning to the UK in Spring I was denied non emergency treatment in the UK, as I was deemed resident in Spain, and only emergency treatment is covered".  

Sadly, having delved into this as much as I can, it would appear that this is indeed correct. Not only that, but of course reading into it, this would appear to be the same, as a mirror image throughout Europe.

Has anyone any legal knowledge, contacts that may confirm this 100%?

CASE 2: "I am of working age, and have lived in Spain permanently for over 8 years. When I arrived I started a business and it ran well for nearly 4 years when circumstances forced closure. I was told by my gestor that I did not, at that time need "residencia" as I was paying into the Social Security sytem and was thus automatically resident. When the law changed in 2007 requiring anyone resident over 3 months to "register" as cards were no longer issued, I was again told that I was RESIDENT. I worked for 1 year during 2009/10, and since then I have been supported by my partner as I spent over a year renovating a property she bought. I would now like my residency certificate, as I believe I am now entitled to free healthcare IF I can produce the said certificate. As a permanent resident for over 5 years the EU states I am entitled to permanent residency without conditions. How do I prove this? I can find no information that constitutes what "proof" entails, other than old residencia or certificate. I have been permanently registered on the Padron during this time, and have been permanently known to local dignatories but there have been times, especially the last 2 years where I simply "don't exist" on paper. 

Well this is a good one, and indeed I have researched as much as I can. One of the criteria laid down by the EU states that as much as 1 year can be missing from recorded data, but I can get no further than that. I HAVE heard about one friend of mine whose "residencia card" expired and they asked him for health insurance, which having been here more than 5 years is 100% illegal. But that, is it.

Again, has anyone any specialist knowledge, or access to?

Thread: 2 major questions resulting from changes in Residency requirements and Healthcare

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