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Brexit restrictions

Posted: Mon Jul 5, 2021 8:08pm
2 replies43 views3 members subscribed
Joan90

Posts: 2

Location: Calonge

Joined: 5 Jul 2021

I’ve had an email from European Commission confirming that as the spouse of an Irish passport holder I can stay in Spain with him as a member of EU and would not be required to follow the restrictions of 90 days in 180 applicable to UK citizens following Brexit. Has anyone else got any information or had any problems at border control. 

Monique01

Posted: Mon Jul 12, 2021 11:06am

Posts: 4

Location: Calonge

Joined: 13 Nov 2019

Posted: Mon Jul 12, 2021 11:06am

As far as I'm aware, you should be fine. You have the legal right under EU Human Rights laws to reside with your partner as a family member, married or not. 

In UK, when in the EU and under EU immigration laws, the partner with this right to remain and reside with their EU partner/family member can access health services etc, but the EU member partner has to prove that they have sufficient income to support you in order for you to get residency. 

Assume it will work the same in Spain as an EU member state. 

May be helpful to engage a gestor to sort the paperwork make enquiries and residency application for you. 

I can recommend Agencia Tallero in Platja D'Aro. They are accountants, but sorted all my paperwork. Spanish driving licence, residency, setting up as self-employed  (autonomo) etc

They don't speak perfect English, but are well-established, very helpful and professional. Will bill you for their services of course. But have never billed me just for advice as many do here. 

Hope this helps

Joan90

Posted: Mon Jul 12, 2021 12:11pm

Joan90

Original Poster

Posts: 2

Location: Calonge

Joined: 5 Jul 2021

Posted: Mon Jul 12, 2021 12:11pm

Monique01 wrote on Mon Jul 12, 2021 11:06am:

As far as I'm aware, you should be fine. You have the legal right under EU Human Rights laws to reside with your partner as a family member, married or not. 

In UK, when in the EU and under EU immigration laws, the partner with this right to remain and reside with their EU partner/family member can access health services etc, but the EU member partner has to prove that they have sufficient income to support you in order for you to get residency. ...

...

Assume it will work the same in Spain as an EU member state. 

May be helpful to engage a gestor to sort the paperwork make enquiries and residency application for you. 

I can recommend Agencia Tallero in Platja D'Aro. They are accountants, but sorted all my paperwork. Spanish driving licence, residency, setting up as self-employed  (autonomo) etc

They don't speak perfect English, but are well-established, very helpful and professional. Will bill you for their services of course. But have never billed me just for advice as many do here. 

Hope this helps

Hi. Thanks for the information. I am not actually looking for residency but for the right to stay in Spain, in our house, on the same terms as we had prior to Brexit when we were members of EU, that is no more than 183 days which can be taken in any format ie in one, two or more visits and not be bound by the 90/180 rule which is very restrictive. It may be that I will need to consult a lawyer or speak to the company you recommend in Platja D’aro to verify this. Again thanks for your advice.

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