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Right to Permanent Residency Certificate Clarified

Posted in: Brexit, Information Topic, Myra's Blog,
Author: Myra Cecilia Azzopardi
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2 Comments

There appears to be much confusion about residency rights and obligations. The correct information is simplified below.

All EU citizens and their families including non EU family members who decide to reside in Spain habitually should follow the law.

1.Residency application should be made within 90 days of your arrival in Spain. If you do not do this you should be aware that you can be sanctioned. To make the application you should register on the padron, be covered for healthcare and have sufficient resources. Healthcare can be private, S1 for state pensioners and there is also an option to pay into the NHS system known as “convenio especial”, (special agreement. Please note the information provided on the link below about this option). CAB Spain have guided expats who have applied and received the convenio before their residency applications using the regulations for the convenio to prove residency.

Registering on the Padron

Residency Application

Convenio Especial

2. For the first five or three years in some cases, you and your family will be temporary residents. You can after that time apply for your residency certificate to state that you are now a permanent resident. This is a right but not an obligation. The new certificate can be useful to show your residency status at a glance. For those who have not updated for various reasons (one being the various offices insisting on data that they already have). you are still a permanent resident.

Permanent Residency

3. We do not know what the post Brexit scenario relating to residency certificates will be. We do though know that the UK has asked for EU citizens to apply for residency even if they already hold a certificate and that this is to be reciprocal which would affect us. We do have to accept that our present certificates both A4 and the card size, states that we are residents as citizens of the European Union. It is likely (according to the UK Governments wishes to exit the EU that we will lose our EU citizenship). In this case we should not be surprised that we will have to renew our documentation which we expect will be a bureaucratic nightmare.

UK Government Agreements with EU to date

The UK government has asked for a transition period or around two years after the withdrawal date of March 2019. The EU insists that this period should include citizens rights. This extra period if agreed on, will help those UK Nationals residing in Spain to put their documents in order.

Further information can be found on this website under the “residency and padron” sections.

CAB Spain will advise, guide and assist anyone who is residing in Spain, but have not applied for residency. This matter is treated as confidential as is all CAB communications with citizens.

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.

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