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Lots Of Advice Please!!

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Chippy50
7/5/2016 07:33 EST

Good afternoon. I am new to this so please have patience!!
My wife and I are intending to move to the Murcia area in January, and I have some questions to ask. You may well have heard all of these questions previously but........
1. We will be renting: Do we become residents to enable us to get in to the Spanish Health Care System (We are both Pensioners), or do we go back to UK every few months to see Doctor's etc and pick up medications? (Not sure how long we can stay in Spain at any one time without becoming residents!!)
2. Do we bring our car out and have it converted (Lights etc?)

This is probably enough for Now. Hoping somebody might be able to comment.

Regards
PeterC

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anlgza
7/5/2016 11:41 EST

Since you will no longer be an EU resident when they formalize BREXIT, it is best to apply for residency. Officially you will be only able to stay in any part of the EU for 90 days per year as a tourist. Some people stay longer because they don't seem to check but you wouldn't want to be the one that does get caught. My understanding of the health care system is that you will not be eligible unless you contribute by employment with a Spanish business. In your case, it would probably be cheaper to return to the UK when you need medical follow-up. Prescriptions are easily refilled by pharmacies in Spain if they are generics.

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OldPro
7/5/2016 13:10 EST

Well obviously, everything will depend on the final outcome of Brexit. What applies today may be totally different from what applies after the official exit date.

So you can plan what to do for the next year or two but beyond that is all unknown.

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Chippy50
7/6/2016 07:12 EST

Many thanks for your comments, much appreciated, More to come from me I'm sure!!

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kwelbi
7/8/2016 09:05 EST

Chippy50,as pensioners you qualify for Spanish health care the same as any Spanish citizen.You need to get form S1 from the pension centre in Newcastle.Once you have a rental contract you should register on the 'padron' at your local 'Ayuntamiento'-town hall- and go to the foreigners dept at your local police station to register as a resident.Normally this should be done within 90 days.A residents certificate is issued indefinitely and will only be annulled if you wish to leave Spain permanently.You need to take you completed S1 and your certificate of 'empadronamiento' and residents certificate to the local INSS office to apply for your Spanish health cards.Your UK EHIC card will cover you for the first 3 months.As far as the car goes you can buy stickers in the UK to put on the headlights to conform to EU lighting regs. Taking into account that you may wish to use your car to transport your goods to Spain but the steering wheel will be on the 'wrong' side.You could import your car onto Spanish plates if you are not bothered about it being RHD but taking safety issues into consideration probably best to sell it in the UK and buy a Spanish car.You won't be able to buy a Spanish car until you have your residents certificate and you need the new type EU licence .There is some doom and gloom posting regarding a Brexit but if you are already resident in Spain I can't see it having any effect assuming that it ever actually happens.

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OldPro
7/8/2016 11:57 EST

That YOU can't see it doesn't mean it shouldn't be a concern kwelbi. The fact is NO ONE including YOU knows what affect Brexit will have on someone who moves today as a citizen of an EU member country, after the actual exit date.

As things now stand, a citizen of an EU member country can 'register residency' but CANNOT become a 'Permanent Resident' until they have lived in that country for 5 years. You really don't seem to be able to get your head around that difference. Being 'resident' does not make you a legal 'Resident'.

You refer to someone being 'already resident' which means NOTHING, unless they are a Permanent Resident. Being a 'registered resident' gives the person NO rights at all. Once again, read here:
http://europa.eu/youreurope/citizens/residence/documents-formalities/eu-nationals-permanent-residence/index_en.htm

It is entirely feasible to think that a country may say, anyone who is a Permanent Resident in the country certainly has no need to fear losing that right but anyone who is not a Permanent Resident MAY have to leave. Anyone moving today is certainly not going to have 5 years residency before the official exit date.

I am not in favour of being optimistic OR pessimistic. I'm in favour of being realistic and the reality is, it is an unknown. To post, "but if you are already resident in Spain I can't see it having any effect" is irresponsible. You don't KNOW and should not suggest you do. Tell people the facts as they exist and leave it to the reader to make decisions based ONLY on known facts. You are encouraging this person to move and if it goes wrong for them what are YOU going to do for them? I know the answer to that question. Nothing.

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Snorkler
7/8/2016 12:11 EST

Great advice OldPro. Your answer should be posted on every blog concerning this subject.

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kwelbi
7/8/2016 13:51 EST

Old.Pro,you are mistaken about the 5 year residency,.This applies to non Eu citizens. EU citizens are given indefinite residency.If you tried to actually answer any of the questions posed by people seeking advice it would perhaps help them instead of constantly putting forward imaginary Doomsday Brexit scenarios. I have yet to see you give any positive advice to anybody.All the relevant information is available on the Spanish government website which I doubt you have ever looked at,much less understood.Spanish law is what is important, not what some bitter individual told you in some expat bar.

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OldPro
7/8/2016 14:35 EST

Did you even bother to look at the EU site I listed kwelbi? It is an official EU site and it states very clearly at the top of the page, "As EU national, you automatically acquire the right of permanent residence in another EU country if you have lived legally there for at least 5 years continuously.

You can then apply for a permanent residence document, which confirms your rights to live in the country where you now live permanently, without any conditions."

What differs from a non-EU national is that word "automatically" in the first sentence but there is also the "if you have lived legally there for at least 5 years.", at the end of the same sentence.

The second sentence then goes on to say that AFTER the 5 years you can then apply for a permanent resident document.

So what it is saying is, unlike a non-EU national, you don't have to apply for residency to begin with and after 5 years you will automatically get permanent residency if you apply for it. They can't refuse it.

None of that covers what will happen to someone after the official exit, if they have been in the country for less than 5 years. They were a legal resident yesterday but the day after the exit they are in limbo until the country decides what they want to do. Those people are not Permanent Residents and do not have any right to apply for Permanent Resident status like someone who has been resident for 5 years.

I don't know what else to tell you kwelbi, if you can't get your head around this I can't help you.

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kwelbi
7/9/2016 07:15 EST

Quote>This is different from the registration certificate which is compulsory in many countries. The permanent residence document is not compulsory.End Quote.This is taken from the site you quoted.The Spanish do not issue 5 year residents permits to EU citizens as they would be superfluous.They ceased doing this in the early 90's and I know because I have been living in Spain for 28 years.I'm still wondering when you will actually answer any questions that people who are thinking of relocating to Spain are asking.Trolling is not answering.The only advice you give is like saying,don't wear sunscreen on a sunny day at the beach,it might rain later.Not really very useful.

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kwelbi
7/9/2016 08:05 EST

Here is the quote from the Spanish site"a diferencia del certificado de registro que se exige en muchos países, el documento de residencia permanente no es obligatorio'.It says in English to save you looking for a translator"the difference is that unlike in many countries the permanent residence certificate is not compulsory.Fortunately Spain,unlike the UK, does not slavishly follow all EU diktats which are not compulsory either.Can you get your Brexit head around that.

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OldPro
7/9/2016 13:59 EST

Sorry kwelbi but your ramblings make no sense whatsoever. You are all over the place with totally unrelated and irrelevant comments.

Here is my advice to anyone considering a move to Spain. If you are a non-EU national, the process is clear.

If you are a national of an EU country that is remaining an EU country, the process is clear.

If you are a Brit, then you should be considering the potential implications of Brexit. Since the outcome is NOT KNOWN, I would not advise making any decisions before the outcome becomes KNOWN. End of story.

Now if you want to tell Brits to go ahead and make a move based on your guarantee there will be no problems kwelbi, go ahead.

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kwelbi
7/11/2016 08:02 EST

If you can't deal reality so be it.No need to try and turn everything into a Doomsday scenario instead of giving one word of positive advice.Happy trolling.

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Chippy50
7/12/2016 02:50 EST

Wow! I never thought that this would turn in to an "heated debate"!! Thank you for your feedback. I will be in touch again soon with further questions.

PeterC

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OldPro
7/13/2016 13:20 EST

LOL, hardly a 'heated debate' Chippy50. In order to be a debate, there has to be a rebuttal.
https://www.vocabulary.com/dictionary/rebuttal

A rebuttal requires someone to say two things, 'I disagree and here is why'. Kwelbi manages the I disagree part but has no evidence to present as to WHY my view is wrong. I present facts, kwelbi presents opinion.

Even more evidence of the uncertainty that EXISTS comes from the latest comments by Theresa May with which she says she cannot 'guarantee' the status of EU nationals in the UK. That of course also has the reverse side of the coin which is that the status of UK nationals in EU countries cannot be guaranteed either.

https://www.google.ca/search?q=theresa+may+cannot+guaranteed+eu+nationals+residency+in+uk&ie=&oe=#q=theresa+may+cannot+guarantee+eu+nationals+resident+in+uk

Given that, I personally would not make plans based on a guarantee by kwelbi that all will be well.

As in anything, you plan for the worst and hope for the best. I don't imagine that all Brit migrants living in an EU country will be told to leave but I also don't imagine that a Brit getting off the boat the day before the official exit date will necessarily be allowed to stay. It seems like common sense to me that there will be some cut- off date agreed to along with other criteria.

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OldPro
7/17/2016 11:01 EST

Theresa May and David Davis have now stated that there may be a cut-off date applied to who will be allowed to remain and who will not. They are referring to migrants from EU countries who enter the UK before the official exit date but obviously, if a cut-off date is applied it is likely to be reciprocal.

To me this is only common sense since a 'surge' as they put it, may occur. You Chippy50 could be one of those in that 'surge'.

If there is a cut-off date, I see 3 possible dates as being most likely.
1. The referendum date.
2. The date on which article 50 is triggered.
3. An arbitrary date prior to the official exit date, such as 1 year before.

You plan to move in January. David Davis has stated he expects to trigger article 50 before the end of this year. If they do, that would leave you only 1 possible choice under which you would not have a problem, #3.

I would say that the most likely date to use for a cut-off would be the date on which article 50 is triggered. It's just the most logical choice in my opinion. But if there is a significant surge between now and then, they may use the referendum date. If there is no significant surge up till the official exit date, then they may use an arbitrary date such as 1 year prior.

I cannot see any possibility of there being no cut-off date at all, which would mean getting off the ferry the day before the exit date will mean someone can stay. So you have to decide what you want to bet on Chippy50 and what your backup plan will be if you bet wrong.

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