CAB Spain Christmas Holiday Dates, Residency Concerns and More

The team will be taking time off during the holidays from December 23 until January 4.

Thank you all for your patience in what has been a very difficult year. We hope we have been able to assist you with the provision of the information added to our website throughout the year, via the Ask for Advice section of this website, our emails and phones. Thank you to all our EU citizens who have tolerated the many Brexit posts.

Please only contact us if absolutely necessary. For all those concerned about residency applications, remember the key to making sure that you are covered under the Withdrawal Agreement, is to have proof of your legal residency here before the end of the Transition Period December 31. Legal residency does not mean holding residency or registration documents. It implies that you are here legally under article 7 of the FOM directive:

Residency 2021:

Relocate to Spain in 2021 under Spain’s Domestic Immigration law Seminar

Article 7

Right of residence for more than three months

1. All Union citizens shall have the right of residence on the territory of another Member State for a period of longer than three months if they:
(a)
are workers or self-employed persons in the host Member State; or
(b)
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; or
(c)
—
are enrolled at a private or public establishment, accredited or financed by the host Member State on the basis of its legislation or administrative practice, for the principal purpose of following a course of study, including vocational training; and
—
have comprehensive sickness insurance cover in the host Member State and assure the relevant national authority, by means of a declaration or by such equivalent means as they may choose, that they 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; or
(d)
are family members accompanying or joining a Union citizen who satisfies the conditions referred to in points (a), (b) or (c).
2. The right of residence provided for in paragraph 1 shall extend to family members who are not nationals of a Member State, accompanying or joining the Union citizen in the host Member State, provided that such Union citizen satisfies the conditions referred to in paragraph l(a), (b) or (c).
3. For the purposes of paragraph 1(a), a Union citizen who is no longer a worker or self-employed person shall retain the status of worker or self-employed person in the following circumstances:
(a)
he/she is temporarily unable to work as the result of an illness or accident;
(b)
he/she is in duly recorded involuntary unemployment after having been employed for more than one year and has registered as a job-seeker with the relevant employment office;
(c)
he/she is in duly recorded involuntary unemployment after completing a fixed-term employment contract of less than a year or after having become involuntarily unemployed during the first twelve months and has registered as a job-seeker with the relevant employment office. In this case, the status of worker shall be retained for no less than six months;
(d)
he/she embarks on vocational training. Unless he/she is involuntarily unemployed, the retention of the status of worker shall require the training to be related to the previous employment.
4. By way of derogation from paragraphs 1(d) and 2 above, only the spouse, the registered partner provided for in Article 2(2)(b) and dependent children shall have the right of residence as family members of a Union citizen meeting the conditions under 1(c) above. Article 3(2) shall apply to his/her dependent direct relatives in the ascending lines and those of his/her spouse or registered partner.

Remember that you can still make your application after the transition period if you have not been able to get an appointment beforehand.

For those who wish to update to the TIE, please only accept information taken from law. Here is an extract:

“The procedure for obtaining this residence document is established based on whether the UK national: is the holder of a registration certificate, temporary or permanent; or, lacks the same for not having requested it before the date set forth in these instructions or for having arrived in Spain in the period comprised from the date set forth in these instructions (that is, after July 6) and the end of the transition period or at a later time”.

Any applicant who has or may be refused or asked to provide further documentation, take note of the information on notification received as you may only have ten days to produce the extra information or documents. If you do not, your application will be deemed inadmissible.

You may contact us if your application is refused via this website. We will ask you for copies of the notifications and advise you on how to proceed. At the foot of this post I have added the information on the Lawyer Smart Card for these applications, refusals or any other legal matter in the future. Please read the full information to see how the card will benefit you and your family.

For the many applicants who have completed stage 1 of their residency applications and are concerned about not obtaining an appointment for stage two at the foreigners offices, Policia Nacional. Press release which it appears has also been circulated to the aforementioned offices.

NOTA-DE-PRENSA TIE Appointm ent

Translation:

“The objective of this measure is to transfer peace of mind to people who are waiting to obtain an appointment for the processing of fingerprints or the issuance of the TIE

It is thus remembered that citizens who are waiting for an appointment can use that resolution they have already received for the procedures in which they need to prove their residence or work authorization

The Secretary of State for Migration, in coordination with the Ministry of the Interior, has promoted a series of actions to protect the legal security of foreigners. Through a reminder that will appear in the resolutions issued by the Immigration Offices, it will be emphasized that the mere possession of said resolution produces full effects against the administration and against third parties, and its effectiveness is not conditioned on obtaining the Foreigner Identification Card (TIE).

This initiative of the Ministry of Inclusion, Social Security and Migration will allow that, during the period of time that elapses between the citizen receives the resolution of the Immigration Office and the moment in which he obtains the TIE, foreigners can continue to use the document issued by the Immigration Office (which must be presented at the Police Station in order to obtain the Card) in order to enforce the rights inherent in that authorization before third parties.

The objective of this measure is to provide peace of mind to people who are waiting to obtain an appointment for the processing of fingerprints or issuance of the TIE, remembering that although obtaining the TIE is a right and an obligation for the citizen, they may use that resolution that they have already received for the procedures in which you need to prove your residence or work authorization, both with the administration and with third parties. Obtaining the Foreigner Identification Card (TIE) is a right and an obligation for those foreigners who have been issued a visa or authorization to stay in Spain for a period of more than six months.

The Ministry has requested the Immigration Offices to reflect, from now on, this specification in all concession resolutions, both initial and extended or renewed authorizations. Likewise, this information has been expressly reflected on the website of the Electronic Headquarters of the Secretary of State for Public Administrations in the procedures for taking fingerprints, issuing a card and renewing a long-term card”.

Regardless of the odd posts where members complain about the action of some members, you can take it from me that those who attempt to disrupt the group are in the minority. We have grown to the size of a town so we should expect all types.

We recently changed the group to a forum to allow the small team to work behind the scenes as well as on the group. I would like to thank all members who have been proactive themselves adding links from our website, in moderating the group and reporting unsavoury posts or those that break the rules. Maybe take some time to read the rules over the holidays which will help you understand why we have these.

We will continue to update you on travel restrictions. With only ten days to go to December 31,Brexit Updated can be found on this:

The team wishes you a Merry Christmas and a Safe and Healthy New Year.

Lawyer Smart Card, our corporate partners because we need trusted and professional legal services for all our citizens.

Lawyer Smart Card

Bookmark this page as I will add information if applicable.

UK Driving licence exchange.

For those having a problem meeting the deadline to make known your intent to change to the DGT, consider using a “gestor de automóviles” google or a medical centre for drivers. Make sure that they are aware of the new regulations.

Can I Take a Medical and Change or Renew My Licence at the Same Place?

New Instructions from DGT for the Change/Renewal of the UK Driving Licences

Myra Cecilia Azzopardi
Founder/Chairperson.

Please note: The information provided is based upon our understanding of current legislation. It is not legal advice but is provided freely to enable you to be properly informed. We recommend that if you are considering taking action, you should seek professional advice.