Im moving to spain SOON Residence in Spain how easy/hard is it to get

Post reply   Start new thread
:: New - Old :: Old - New

Pages: Previous | 1 | 2 |

Forum home :: Latest threads :: Search forums
The Comments
19 Feb 2013 4:56 PM by 66d35 Star rating. 243 posts Send private message

You stated:

"before residence is granted"

You seem to me to have no comprehension of the simple fact that (except under very unusual and exceptional circumstances) NO EU state is permitted to either "grant" or "deny" residence status to ANY EU citizen. These are Treaty Rights. So long as the individual is excercising those rights in accordance with the relevant Directives (38/2004 EC in this cases) residence CANNOT be denied. Indeed, it does not even have to be applied for. You are evidently confusing the requirement to register on the 'EU Citizens Register' which kicks in at 90 consecutive days, with 'residence' per se. The two are, in fact, not connected. The former is merely an administative formality which Spain insists on. However, acceptance or 'refusal' has zero impact on your treaty rights. Those rights exist by an EU citizen complying with them, not by consent (or otherwise) of an individual state.

As for "fastidious" - you have to be joking. They in fact interpret things differently on different days on the week, and differently from one office to another! There is little comnsistency and many of their interpretations are not only in flagrant violation of EU directives, but also fail to comply with Spanish national law on the subject....

 

 

 

 

 


This message was last edited by 66d35 on 19/02/2013.



Like 0      
19 Feb 2013 6:09 PM by dalmata Star rating. 22 posts Send private message

Hell0 66d35

 In response to your recent post:

 Firstly I used the word “granted” in relation to residency in Spain because the UK Embassy website refers to applying for residency and generally speaking when one applies for something it is either granted/approved/accepted or refused/rejected or denied.I agree it is confusing when what is actually required is registration, however I assume the authorities have some power to refuse to allow people to register in certain circumstances, and the current information on the Embassy website suggests that it is now far from a formality of simply turning up to register as a resident.

The UK Embassy website published changes to Spanish residency requirements for all EU citizens as follows:

 Residence requirements

“From 28 March 2007, Royal Decree 240/07 requires that all EU citizens planning to reside in Spain for more than 3 months should register in person at the Oficina de Extranjeros in their province of residence or at designated Police stations. However, you will no longer be issued with a residence card with a printed photograph. Instead you will be issued an A4 printed Residence Certificate stating your name, address, nationality, NIE number (Número de Identificación Extranjeros) and date of registration

On 10 July 2012 the Spanish Government introduced details of the new residency requirements for all EU citizens, including British nationals.

Under the new rules, EU citizens applying for residency in Spain may be required to produce evidence of sufficient financial means to support themselves (and dependants). Applicants may also be asked for proof of private or public healthcare insurance.

The Ministerial Order sets out the new residency requirements and some of the documentation applicants may be asked to present.”

Please follow the links on my previous post to access the full information on the Embassy website.

I am aware that there is some dispute as to whether the Spanish authorities have the right to make such an alteration regarding residence as it is in direct conflict with EU law and treaties, however my research indicates that there is a legal loop hole that allows them to do this, and if the Embassy say this is so then I guess it must be true, at least for the time being.   I have no idea what systems are now in place to investigate income or healthcare provision for anyone currently applying for or registering for residence in Spain. (if anyone has any experience of this a post on here would be useful)

Secondly – With regard to my use of the word fastidious, you seem to be confusing the meaning of consistent with fastidious. I did not say that the authorities are consistent I said they are fastidious which means they are fussy over details and difficult to please. I totally agree they are not consistent and when they fuss over details, they are not always the details that are most important or efficient

I trust this clarifies my comprehension of the situation, however if you feel I have not grasped the facts on the Embassy website please feel free to tell, me, I think it is fair to say that most of us on here want to learn,  more than we want to be right.

Dalmata





Like 0      
19 Feb 2013 6:55 PM by johnzx Star rating in Spain. 5242 posts Send private message

Dalmata,
                              not that is  really that important, but I am sure you will be aware of the danger of quoting authorities,  especially the UK Consulates.
 
Small example, for quite some time, “Instead you will be issued an A4 printed Residence Certificate stating your name, address, nationality, NIE number (Número de Identificación Extranjeros) and date of registration”    
 
The piece of `worthless paper ‘ which replaced the A4 sheet, and which has been issued for quite sometime, is now credit card size. Of course, it is still not a valid ID, and thus, Brits are legally required to carry their original Passport (although I know most us do not).





Like 0      
19 Feb 2013 7:04 PM by 66d35 Star rating. 243 posts Send private message

however my research indicates that there is a legal loop hole that allows them to do this

 

Please elucidate.

They are perfectly entitled to insist on income/asset conditions for a first application for registration for non-economically active EU citizens. This is fully in accordance with the Directives, as the Treaty itself specifies such conditions in respect of the initial period of residence from 3 months to 5 years. What precise "loop hole" are you suggesting?

 

 


This message was last edited by 66d35 on 19/02/2013.



Like 0      

Pages: Previous | 1 | 2 |

Post reply    Start new thread


Previous Threads

when does it get warmer in Murcia - 7 posts
Age Concern volunteer Angela Keay MBE congratulated by British Ambassador - 0 posts
CASH REGISTER AND SHOP FITTINGS FOR SALE - 2 posts
Is Spain still the best option for retirement abroad? - 86 posts
Movistar top up in the UK? - 5 posts
Rental Experience - 3 posts
Computer help - 4 posts
Fancy a laugh? Post your best joke - 16 posts
Rental agent threatening denuncia & embargo on bank account - 5 posts
Do the courts have a website where the dates of future cases are posted? - 5 posts
Glass Curtains - 0 posts
3 day car hire - I couldn't believe the price - 4 posts
Spanish radio - 10 posts
New Endessa Account? - 1 posts
Smoke stacks - 0 posts
Great disccount on Brittany Ferries - 1 posts
Balcony safety - 14 posts
POOL REPAIRS RECOMMENDATIONS IN MURCIA REGION - 0 posts
If Britain leaves the EU , how will it effect you? - 8 posts
Lost Property Deposit In Spain Community - 2 posts
Mar Menor 2 Apartments murcia - 1 posts
Legal status of a park or static home - 0 posts
Anyone using Spantel? Please check your bills - 19 posts
Is the Spanish Government on the verge of collapse? - 23 posts
Girasol Homes - Condado de Alhama - 3 posts

Number of posts in this thread: 24

DISCLAIMER:  All opinions posted on these message boards are the opinion solely of the poster and do not necessarily reflect the opinion of Eye on Spain, its servants or agents.


1 | 2 |
Our Weekly Email Digest
Name:
Email:


This site uses cookies. By continuing to browse you are agreeing to our use of cookies. More information here. x