21 Aug 2013 4:11 PM:

Getting the bank to provide proof that will satisfy the Oficina de Extranjeros is proving to be difficult, apparently they want some sort of letter but all the bank will provide is a certificate to say the account has been opened since 2005 and a statement to show 3 pension payments in. I have a feeling that won't work at Almeria unless they have relaxed their rules since we did it.

The rules in this case are not set by Almeria, but by the EU Directive which is crystal clear that 'sufficient resources' is not merely restricted to income.

"Accreditation of possession of sufficient resources, either by regular income, including income from work or otherwise, or ownership of an estate, shall be by any mode of proof recognized in law, such as title deeds, certified checks , obtaining supporting documentation for capital income or credit cards, bringing in the latter case an updated bank certificate certifying the amount available as of that credit card"
 

Cited from Royal Decree.

European rulings on this topic of 'sufficient resources'.

 

 

 

 

Thread: New rules on NIE and Residencia

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21 Aug 2013 12:22 PM:

There is a very interesting technical point here.

This concerns the legality (under EU Directives) of requiring production of a certificate of entry on the EU Citizens register in order to qualify for services. These services should - by law - be made availble to residents on the basis of entitlement set out in the Directive. This is covered under Article 25:

Article 25

General provisions concerning residence documents

1. Possession of a registration certificate as referred to in Article 8, of a document certifying permanent residence, of a certificate attesting submission of an application for a family member residence card, of a residence card or of a permanent residence card, may under no circumstances be made a precondition for the exercise of a right or the completion of an administrative formality, as entitlement to rights may be attested by any other means of proof.

In short - requiring production of such a certificate before you are allowed to 'qualify' for any service or right which you have entitlement to under general EU law is not lawful, and they should not be doing this. They are doing it, of course.

I have long said that when they lost the 'Residencia' case, they instead tried to resurrect its function by manipulating and distorting the Registration process. I think the evidence for this is overwhelming.

 

 

 

 

Thread: New rules on NIE and Residencia

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21 Aug 2013 10:28 AM:

It may be well worth contacting the insurance company and requesting a Spanish translation of the policy. They should have this. This would at least avoid multiple people paying again and again for a copy of the same thing - which is sheer madness.

One of the founding principles of the entire issue of free movement was to "remove administative burdens" on those relocating within EU countries. Spain seems determined to do the precise opposite, and in that sense, I do feel there is a strong case for infringement.

The alternative is not to register. You can be fined - once. It does not affect your real, actual, rights to residence which are granted by Treaty (not by Spain). There is no direct linkage between 'registration' and any acquired right to residence. It is a separate issue.

I would imagine with the general level of obstruction being demonstrated, fewer and fewer people will bother. Failure to do so does not in any way invalidate your entitlement to be here, remain here, work here or anything else. After 5 years presence/residence, you would in any event be entitled to permanant resident status - and that is unconditonal. You could even demand a certificate to that effect (and they cannot demand proof of anything).

I have no doubt this is a deliberate, calculated policy and is totally outside the spirit and intent of the relevant EU regulations.

 

 

 

 

 

Thread: New rules on NIE and Residencia

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14 Aug 2013 6:33 PM:

File a complaint with SOLVIT:

http://ec.europa.eu/solvit/site/index_en.htm

There is no such requirement. They are being deliberately obstructive.

 

 

Thread: New rules on NIE and Residencia

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18 Jun 2013 10:15 AM:

This is like beating your head against a brick wall.

Complete waste of time.

The only thing left to say is that if anyone is in doubt, please get qualified, professional advice from a solicitor or abogado with particular experience of road traffic legislation. Do not, under any circumstances, rely on unqualified opinions from 'internet experts'. 

 

 

This message was last edited by 66d35 on 18/06/2013.
Thread: British driving licence and Residence in Spain

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