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Residency and the UK - Page 2

Alan S

Posted: Thu Feb 18, 2021 10:45am

Posts: 5

1 helpful points

Location: Los Alcázares

Joined: 3 May 2020

Posted: Thu Feb 18, 2021 10:45am

PhilTox wrote on Thu Feb 18, 2021 7:51am:

As the UK is no longer a member of the EU 3rd country rules now apply to immigration into an EU country. The rules haven't changed, just the UK's non-membership has changed which set of rules apply.

I fully appreciate this it is just not now going to be possible for us to live in Spain we just were not able to commit before the cut off date

Alan

RichT

Posted: Thu Feb 18, 2021 3:03pm

RichT

Super helpful member

Posts: 1143

1271 helpful points

Location: Lorca

Joined: 13 Sep 2019

Posted: Thu Feb 18, 2021 3:03pm

Scallywag wrote on Thu Feb 18, 2021 12:29am:

Same position here! Particularly concerned about the income required for second year of stay..... don’t know the rationale for the doubling of the income requirement (if I’ve understood correctly)

I think you are mistaken in the 'doubling of the income requirement'. My understanding from the consulate website is:

Apply for a Non-Lucrative Visa (via the embassy or consulate in the UK). You need the following:

1 Passport or travel document valid for at least 6 months beyond the intended arrival to Spain with at least two blank pages to affix the visa. 

2 One completely filled and signed National Visa Application Form. 

3 Ex-01 form and 079-052 fee form to be paid at the Consulate on the day of your appointment 

4 One recent passport colour photograph. (No more than six months old) 

5 For non-British citizens: A UK residence permit valid for at least 3 months. It can be either in form of Visa stamped on the applicant’s passport or a Residency Card. 

6 Medical (Health ) Certificate signed and stamped by a registered doctor. This Certificate must literally state that the Applicant does not suffer of any illness which represents a risk or a danger for the public according to the International Health Regulations of 2005. The document must be translated by a Sworn Translator only, and with the Hague Apostille if the country is a member. Otherwise the document must be verified by the Spanish authorities in the country of issuance. 

7 Certificate of Good Conduct issued by the country or countries where the applicant has resided in the past five years. The document must be translated by a Sworn Translator only, and with the Hague Apostille if the country is a member. Otherwise the document must be verified by the Spanish authorities in the country of issuance. 

8 Full health cover for applicant and, if applicable, family member. 

9 Means of maintenance in Spain in form of €27.115.20pa (approx. €2260 € per month) for the main applicant. Each additional family member will need €6.778.80 (approx. € 565 per month). 

10 All documents must be translated into Spanish 

11 A prepaid “Special Delivery” envelope, up to 500 grams.

The cost of the visa is approx. £504, plus a further £54 for the interview (non-refundable if visa not granted). These costs are per person.

This is valid for 1 year, then can be renewed for 2 years and then a further two years, then you can get permanent residency. At each renewal, you need to prove the same means of maintenance as shown above - but it's only per year, so no 'doubling', although it may increase with inflation, etc.

For 6 & 7, I've had quotes of £45 per document for the 'Sworn Translator' and £25 each for the 'Hague Apostille' (this needs to be completed by an approriate notary in the UK. So, in total, this will cost around £1,400 for a couple - and then the same again at the end of Year 1 and Year 3.

Hope this helps!

Scallywag

Posted: Thu Feb 18, 2021 7:46pm

Posts: 33

5 helpful points

Location: Camposol

Joined: 9 Feb 2021

Posted: Thu Feb 18, 2021 7:46pm

RichT wrote on Thu Feb 18, 2021 3:03pm:

I think you are mistaken in the 'doubling of the income requirement'. My understanding from the consulate website is:

Apply for a Non-Lucrative Visa (via the embassy or consulate in the UK). You need the following:

1 Passport or travel document valid for at least 6 months beyond the intended arrival to Spain with at least two blank pages to affix the visa. 

2 One completely filled and signed National Visa Application Form. 

3 Ex-01 form and 079-052 fee form to be paid at the Consulate on the day of your appointment 

4 One recent passport colour photograph. (No more than six months old) 

5 For non-British citizens: A UK residence permit valid for at least 3 months. It can be either in form of Visa stamped on the applicant’s passport or a Residency Card. 

6 Medical (Health ) Certificate signed and stamped by a registered doctor. This Certificate must literally state that the Applicant does not suffer of any illness which represents a risk or a danger for the public according to the International Health Regulations of 2005. The document must be translated by a Sworn Translator only, and with the Hague Apostille if the country is a member. Otherwise the document must be verified by the Spanish authorities in the country of issuance. 

7 Certificate of Good Conduct issued by the country or countries where the applicant has resided in the past five years. The document must be translated by a Sworn Translator only, and with the Hague Apostille if the country is a member. Otherwise the document must be verified by the Spanish authorities in the country of issuance. 

8 Full health cover for applicant and, if applicable, family member. 

9 Means of maintenance in Spain in form of €27.115.20pa (approx. €2260 € per month) for the main applicant. Each additional family member will need €6.778.80 (approx. € 565 per month). 

10 All documents must be translated into Spanish 

11 A prepaid “Special Delivery” envelope, up to 500 grams.

The cost of the visa is approx. £504, plus a further £54 for the interview (non-refundable if visa not granted). These costs are per person.

This is valid for 1 year, then can be renewed for 2 years and then a further two years, then you can get permanent residency. At each renewal, you need to prove the same means of maintenance as shown above - but it's only per year, so no 'doubling', although it may increase with inflation, etc.

For 6 & 7, I've had quotes of £45 per document for the 'Sworn Translator' and £25 each for the 'Hague Apostille' (this needs to be completed by an approriate notary in the UK. So, in total, this will cost around £1,400 for a couple - and then the same again at the end of Year 1 and Year 3.

Hope this helps!

It certainly does. Many thanks. I will listen to the Place in the Sun post Brexit webinar again to see how I got hold of the wrong end of the stick!  Thanks again

Anthomo

Posted: Sun Feb 21, 2021 11:10am

Anthomo

Helpful member

Posts: 62

59 helpful points

Location: Fortuna

Joined: 1 Jun 2019

Posted: Sun Feb 21, 2021 11:10am

If you have Spanish Residency then you are allowed to stay for up to 6 months in the UK, however regarding NHS you will need to provide your Spanish EHIC card or get private insurance for when you are there.

dmoss

Posted: Wed Feb 24, 2021 3:50pm

dmoss

Helpful member

Posts: 473

257 helpful points

Location: Los Alcázares

Joined: 30 Jul 2015

Posted: Wed Feb 24, 2021 3:50pm

There is little difference in the rules that were here pre brexit just many were ignored by Brits moving here with regard to not coming to live here on a technicality we have family members who have moved over since brexit no problems not rich but owned a house here that they bought pre brexit now waiting residencia then same rights as many others already here, the benefits of living in Spain far outway the problems of moving  

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Rick7591

Posted: Mon Mar 1, 2021 1:43am

Posts: 86

24 helpful points

Location: Fuente Álamo

Joined: 4 Jul 2018

Posted: Mon Mar 1, 2021 1:43am

RichT wrote on Thu Feb 18, 2021 3:03pm:

I think you are mistaken in the 'doubling of the income requirement'. My understanding from the consulate website is:

Apply for a Non-Lucrative Visa (via the embassy or consulate in the UK). You need the following:

1 Passport or travel document valid for at least 6 months beyond the intended arrival to Spain with at least two blank pages to affix the visa. 

2 One completely filled and signed National Visa Application Form. 

3 Ex-01 form and 079-052 fee form to be paid at the Consulate on the day of your appointment 

4 One recent passport colour photograph. (No more than six months old) 

5 For non-British citizens: A UK residence permit valid for at least 3 months. It can be either in form of Visa stamped on the applicant’s passport or a Residency Card. 

6 Medical (Health ) Certificate signed and stamped by a registered doctor. This Certificate must literally state that the Applicant does not suffer of any illness which represents a risk or a danger for the public according to the International Health Regulations of 2005. The document must be translated by a Sworn Translator only, and with the Hague Apostille if the country is a member. Otherwise the document must be verified by the Spanish authorities in the country of issuance. 

7 Certificate of Good Conduct issued by the country or countries where the applicant has resided in the past five years. The document must be translated by a Sworn Translator only, and with the Hague Apostille if the country is a member. Otherwise the document must be verified by the Spanish authorities in the country of issuance. 

8 Full health cover for applicant and, if applicable, family member. 

9 Means of maintenance in Spain in form of €27.115.20pa (approx. €2260 € per month) for the main applicant. Each additional family member will need €6.778.80 (approx. € 565 per month). 

10 All documents must be translated into Spanish 

11 A prepaid “Special Delivery” envelope, up to 500 grams.

The cost of the visa is approx. £504, plus a further £54 for the interview (non-refundable if visa not granted). These costs are per person.

This is valid for 1 year, then can be renewed for 2 years and then a further two years, then you can get permanent residency. At each renewal, you need to prove the same means of maintenance as shown above - but it's only per year, so no 'doubling', although it may increase with inflation, etc.

For 6 & 7, I've had quotes of £45 per document for the 'Sworn Translator' and £25 each for the 'Hague Apostille' (this needs to be completed by an approriate notary in the UK. So, in total, this will cost around £1,400 for a couple - and then the same again at the end of Year 1 and Year 3.

Hope this helps!

Having watched the place in the sun webinar, all four people made it clear that when you apply for the second and third year of residency you must have the funds for the two years and the same again for the fourth and fifth, so it would be approximately €68000 not €34000 that’s just for the first year.

They are saying though that the Spanish may consider, only may consider using the collateral of your property to meet the figure needed

Scallywag

Posted: Mon Mar 1, 2021 10:11am

Posts: 33

5 helpful points

Location: Camposol

Joined: 9 Feb 2021

Posted: Mon Mar 1, 2021 10:11am

Rick7591 wrote on Mon Mar 1, 2021 1:43am:

Having watched the place in the sun webinar, all four people made it clear that when you apply for the second and third year of residency you must have the funds for the two years and the same again for the fourth and fifth, so it would be approximately €68000 not €34000 that’s just for the...

... first year.

They are saying though that the Spanish may consider, only may consider using the collateral of your property to meet the figure needed

Thank you. I have since watched another video which explains the rationale - relates to the first visa being for one year and subsequent ones for 2 years. So that makes sense. What I’m not 100% clear about is whether this must be demonstrated as income or whether money in the bank/ savings would suffice. I’ve seen slightly different opinions on this. 

Rick7591

Posted: Mon Mar 1, 2021 10:25am

Posts: 86

24 helpful points

Location: Fuente Álamo

Joined: 4 Jul 2018

Posted: Mon Mar 1, 2021 10:25am

Scallywag wrote on Mon Mar 1, 2021 10:11am:

Thank you. I have since watched another video which explains the rationale - relates to the first visa being for one year and subsequent ones for 2 years. So that makes sense. What I’m not 100% clear about is whether this must be demonstrated as income or whether money in the bank/ savings woul...

...d suffice. I’ve seen slightly different opinions on this. 

Hi, money in the bank is 100% acceptable, earnings won’t be accepted because in theory you will be moving to Spain under a non working visa.

As I said in my earlier post, they made mention that it is possible that going forward you maybe allowed to use the value of your property to achieve the money required.

I don’t think that will happen, as you are supposed to be proving your ability to live out there on savings or pensions.

Who knows with the Spanish, I am awaiting the outcome as we are looking to retire in 2023 and Spain is top of our list..

RichT

Posted: Mon Mar 1, 2021 11:41am

RichT

Super helpful member

Posts: 1143

1271 helpful points

Location: Lorca

Joined: 13 Sep 2019

Posted: Mon Mar 1, 2021 11:41am

Rick7591 wrote on Mon Mar 1, 2021 10:25am:

Hi, money in the bank is 100% acceptable, earnings won’t be accepted because in theory you will be moving to Spain under a non working visa.

As I said in my earlier post, they made mention that it is possible that going forward you maybe allowed to use the value of your property to achieve the money required....

...

I don’t think that will happen, as you are supposed to be proving your ability to live out there on savings or pensions.

Who knows with the Spanish, I am awaiting the outcome as we are looking to retire in 2023 and Spain is top of our list..

I believe that 'earnings' can include income from, for example, a property in the UK or Spain for which you receive rental income, so that may help. However, as Rick 7591 states correctly, the visa is not for people who will be working in the traditional sense.

Clearly, the income requirement has been set to minimise the risk of people moving to Spain who then become a cost to the government / economy (although I have no idea what the rules would be about claiming benefits, etc.) which is reasonable. I'm sure we all know people in the UK who complain about people moving to the UK, using the NHS and claiming benefits, etc.!

There are two anomalies though:

  1. There doesn't seem to be any steer as to whether the approx. €32,000 per year for a couple is gross (i.e. before tax) or net. I am assuming it's gross (as this is beneficial), but unless they are living solely from savings, any income from pensions and/or rental income as mentioned above would be taxable and would, therefore, reduce their net disposable income.
  2. There appears to be no consideration for outgoings (or lack of). For example, a couple with the required €33,000pa income would qualify for the visa / residency, but could have rent or a mortgage to pay; whereas a couple with an income of, say €24,000, but own their property outright, with nil rent or mortgage to pay, could have more disposable income, but not qualify - which feels wrong to me...
Rick7591

Posted: Mon Mar 1, 2021 12:04pm

Posts: 86

24 helpful points

Location: Fuente Álamo

Joined: 4 Jul 2018

Posted: Mon Mar 1, 2021 12:04pm

RichT wrote on Mon Mar 1, 2021 11:41am:

I believe that 'earnings' can include income from, for example, a property in the UK or Spain for which you receive rental income, so that may help. However, as Rick 7591 states correctly, the visa is not for people who will be working in the traditional sense.

Clearly, the income requirement has been set to minimise the risk of people moving to Spain who then become a cost to the government / economy (although I have no idea what the rules would be about claiming benefits, etc.) which is reasonable. I'm sure we all know people in the UK who complain ab...

...out people moving to the UK, using the NHS and claiming benefits, etc.!

There are two anomalies though:

There doesn't seem to be any steer as to whether the approx. €32,000 per year for a couple is gross (i.e. before tax) or net. I am assuming it's gross (as this is beneficial), but unless they are living solely from savings, any income from pensions and/or rental income as mentioned above would be taxable and would, therefore, reduce their net disposable income.There appears to be no consideration for outgoings (or lack of). For example, a couple with the required €33,000pa income would qualify for the visa / residency, but could have rent or a mortgage to pay; whereas a couple with an income of, say €24,000, but own their property outright, with nil rent or mortgage to pay, could have more disposable income, but not qualify - which feels wrong to me...

Totally agree about your second commen

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