Returning after 6 years in UK

Just an update. Visited the Town Hall. My previous Residency & husband's NIE had already been cancelled. When we move over in January & have a rental contract, we can apply again and sort everything like taxes etc once we have it.

mrnkar

You need to register on the EU Citizens Register.   Use your old number (NIE) if you know it.

This should help.:-

TO MAKE AN APPOINTMENT WITH THE POLICE FOR  NIE,  E.U. Citizen registration, etc.

As you go through you will find links to the application forms and the payment, at any bank, form 

.•            GO TO   https://sede.administracionespublicas.gob.es/icpplus/ 

•             PROVINCES AVAILABLE:       CHOOSE the province where your are living/ staying 

•             SECTIONS AVAILABLE IN PROVINCE:          OPEN PAGE AND SELECT SECTION  REQUIRED

              e.g.    “policía  certificado de residente o no residente”  (that includes NIE application)

         NOTE there is now a special section for UK citizens which must be chosen  that is  “Polica-Certificada EU (Exclusivamente  para Reina Unido)

•             ENTER THE DETAILS OF APPLICANT. if you have an NIE show that, if not then show your passport number 

•            CHOOSE NATIONAL POLICE STATION FOR APPOINTMENT:      The one that covers the area where you live 

Motivo o tipo de solicitud de la cita, show reason for requesting appointment

•             CHOOSE AN APPOINTMENT,  AND THEN CONFIRM. If the office you require us not shown that means there are no appointments available at the moment  so please try again later 

•             You must PRINT A COPY OF THE APPOINTMENT,   and take it with you to the police station

You can find info here in Eglish about completing the EX15 (for just an NIE).   Yopu will need an EX18  to register on the EU Citizens Register. It is similar to EX15.

http://www.exteriores.gob.es/Consulados/EDIMBURGO/en/Consulado/Documents/EX15%20-%20NIE%202018%20-%20TRANSLATED%20NIE%20FORM%202018%20-%20GUIDE.pdf

Thank you.

Things have changed in Spain over the last six years or so...you need proof of disposable income ..I think it's around 12,500 euro's per year for two People to  live on this is after you pay the rent ..if you are under UK retirement age you will also need private Health Insurance in place before you are accepted as a resident having a N.I.E number will not get you a residential permission if you can't for fill the requirements... if you are accepted as a resident all you worldwide assets will then become Taxable in Spain ...C.A.B Spain has all the information you require.

Just to clarify.

The process for documentation to reside in Spain last changed ion 2007.

 Prior to that all non-Spanish who wanted to live in Spain required a TIE (Tarjeta de Identidad Extranjeros, frequently referred to as ´Residencia´) which was valid for max of 10 years.  

 On 2^nd April 2007, following a Ruling by the EU, Spain was no longer permitted to make EU citizens to be required, or have the possibility,  to have a TIE.  Fo non EU national the TIE (Residencia) remained:It is renewable after 5 years and then every 10 years.  (If UK leave the EU that will probably be the position for UK nationals too).

Since 2nd April 2007,   new EU national applicants and persons making renewals were issued with an A4 sized Green Paper certificate, later that was chnaged to a credit card size piec of paper.  Unlike the `Residencia´ is not a legal ID.  That certificate requires renewal after 5 years, after which it is marked ´character permanente ´ amd is valid forever or until the law is changed !

The requirements for residence status, were that one had 100% medical cover and sufficient income / assets so as not to become a burden on the State. At present the minimum income required 5,136 p.a. for  a single person and 8,803.62 for a couple.  (NB that may have increased recently by a very small amount).  The requirement can also be satisfied if one owns a property in Spain, has credit card facilities for that amount, or has a partner who satisfies those requires.  That includes unmarried and same sex partners.

NB    The UK State Pension is more than enough to cover the income requirement.

On the Tax situation.

One becomes Tax resident in Spain if:- 

(a)  They or their spouse and children move here,

(b)  They make Spain their centre of economic activity,

(c)  Or failing either of those, they stay in Spain more than a total of 183 days in a year.

If one is resident in Spain, depending on any Double Taxation Agreement between your country and Spain, you may be liable to  pay tax in Spain on your worldwide income and assets. Those would include all  unlet residential property anywhere in the world.

For UK nationals the ONLY exceptions are income from property  let in UK and Crown Pension  income, both of which are taxable only in UK.  However, one must still declare that income in Spain and that may result in having to pay more (maybe much more) tax in Spain.

T

Johnzx...how come the Spanish can bring a law in .. saying that no EU citizens can stay in Spain ..if they are going to become a burden on the Spanish Taxpayers... when David Cameron our PM at the time went cap in hand   pre BREXIT referendum to ask for the very same thing ..he was told he could not implement this by the EU ...is it a possibly this unfair treatment by the EU...  has helped to bring  BREXIT around ...it just doesn't seem fair when the Spanish  can come to the UK and get full access to the benefits system & NHS without paying a penny in UK national insurance contributions.

Windtalker

NB   I stand to be corrected on this as my expertise is mainly confined to the rules applied in Spain.

As I understand it-   The rules which Spain relies upon are EU rules and thus can be apply to the whole of the EU.  I am told by one of my sons , who is at the extreme end of the determined remainers, that UK have never enforced the rules regarding how long EU nationals can spend in UK, being required to register,  nor being required to prove they can support themselves.   That is the choice of UK.

As for   `access to the benefits system & NHS without paying a penny in UK national insurance contributions.´

I understand that is governed by the rules applying in the UK

Quote from    . https://www.gov.uk/guidance/nhs-entitlements-migrant-health-guide 

" For secondary care services, the UK’s healthcare system is a residence-based one, which means entitlement to free healthcare is based on living lawfully in the UK on a properly settled basis for the time being."

There would I believe be no problem if UK choose to change that,  but again I believe under EU rules, no country can treat EU nationals any differently than they treat their own nationals, so UK nationals would also have to comply with any changes

I think windtalker is asking a simple question, why do we have or have had a situation where any EU citizen can come to the UK forever, skint, penniless and get state benefits and free healthcare from the day they touch the tarmac.

Whereas in Spain proof is needed of ongoing wealth/income and full medical cover, and if not, go back to where you came from, no residency document here. Some may say that is a worldwide immigration policy and makes free movement of EU citezens non existent except for the UK.

In a nutshell is the UK taxpayer just a dummy being taken for a ride?

Can we just ignore taxation and worldwide assets as Mrs & Mrs Penniless don’t have any.

UK problem. EU rules are free movement applies for 3 months. Any longer and the country can ask you to apply for formal residency. UK doesn't but that's not a EU ruling, it's a UK one.

Benefits are not paid "from the day they touch the tarmac".They have to have a "right to reside" status and. to get that, they need a job or be self employed (or their spouse has to).  They can also have a right to reside if they are economically sufficient and do not claim benefits. If they have a job they get the same access to in work benefits as anyone else but not for the first 3 months. 

Without that right to reside they cannot access any benefits. The do get free healthcare because that's a UK decision to provide healthcare to everyone. 

More of case of people not knowing and reading too many of the UK anti immigrant press (and believing it).

The majority of foreigners in UK on benefits and claiming assistance are not from the EU. Anyone who thinks this is going to change after Brexit needs to give themselves a good talking to and look at the reality, not read the Mail or Express.

In the worst case scenario: https://costaluzlawyers.es/blog/spanish-government-royal-decree-for-a-no-deal-brexit/

A good post Mariedev

Sorry I did not realise that poorer EU states did not export unemployment to the UK.

Mariedav..so what you are saying is that someone one can come from a poor EU member state.. take a low paid job in the likes of Burger king or collecting empty classes in a pub ..for only 12 week's then give notice to quit ...and  they then qualify for benefits as they have paid enough into the system to claim benefits and use the NHS for ever without doing another day's work.

It's not often you're right windtalker but you're wrong again. What bit of "in work" benefits did you find hard to understand? Your whole post was totally wrong and I wasn't saying that at all. Just your pre-conceived ideas kicking in again.

An EU citizen coming to UK can only get jobseekers allowance which is claimed back from their home country for up to 3 months (Same in Spain, you can get 3 months of  jobseekers allowance from the UK if you are looking for work here). After 3 months they must pass a "genuine prospect of work" test and show they have imminent employment. If not, they get no benefits at all and lose their right to reside status.So they cannot get a job for 3 months and go onto benefits as they wouldn't have a job to claim "in work" benefits.

Housing benefit (despite the statements) was stopped for EU migrants in 2015. 

You also said Cameron went to the EU and got nothing. Again, wrong. If UK had voted remain the agreement was that EU citizens could only claim any type of benefit (in work) after being in the UK for 4 years. 

Ingrained prejudices as perpetuated by some of the UK press won't wash, I'm afraid. 

OK Mariedav ‘’if’’ officially EU citizens don’t get tarmac touchdown UK state benefits is windtalker’s statement that after 12 weeks work at MacDonnell’s they have full equal lifetime entitlement as UK citizens?

I accept there is a lot of media proper gander on this subject and a lot of us are not sure on the real truth or what the facts are.

You didn't bother reading the rest then, Kavanagh. Unless they have a "riight to reside" then, no, they can't claim anything.

If they have a job, and it doesn't matter if it's stocking shelves in Tesco or being CEO of IBM (uk) then, yes, they get in work benefits like child credits and so on benefits.If we hadn't voted Leave then they would have to have waited 4 years before getting anything

new measures mean that EEA jobseekers:

• Cannot claim means-tested Jobseekers Allowance (JSA), child benefit, or child tax credit within the first three months of arriving in the UK.
• Lose eligibility for JSA if they are still looking for work after a further three months, unless they can give 'compelling evidence of a genuine prospect' being hired, such as a written job offer.
• Cannot claim child tax benefits
• Cannot claim housing benefit.

There's loads of other things as well that aren't reported in the Mail/Express/Sun or whatever such as you can lose your rights to "habitual residence" and their "right to reside" if their job history means they haven't earned the minimum level for paying NI contributions (currendly £155 a week). 

I know it's easy to look at people and say "ooh, he's a benefit scrounger" and it's usually when pointing out non-EU citizens who could very well be asylum seekers or refugees for whom different rules apply. Bit like the screaming about "illegal immigrants" claiming this and that when, in truth, you can't claim anything if you're illegal.

Before people start coming out with the "landing on the tarmac" quotes they should really look at how it actually works or, heaven forbid, try it themselves.

Latest figures from the DWP (Feb this year) showed that of the almost 3 million EU citizens living in UK, around 113,000 of them claimed some sort of benefit like in work tax credits or child tax credits. 

The other 95% or more of benefit claimants are our home grown lot or non-EU citizens. 

Mariedav ...you are posting absolute rubbish .. every EU citizen has the right to resident..in the UK job or not ...as far as job seekers allowance is concerned ..on arrival if they don't have a job then they can sign on the dole as a job seeker and the uk government pays the   N.I contributions .they don't  get any benefits for the first 12 week's of arrival..after this they are classified as unemployed so they can start claiming the dole without paying a penny in to the system ....or the other way of doing it is they take a job for 12 week's and pay N.I contributions ..after this 12 week's they are free to go on the dole for ever .

So that’s a yes then.

The 4 year rule was something that never happened.

How can you not earn minimum level for NI if you are full time employed at Burger King for 3 months on minimum wage?

The question was not about those EU citizens who have never worked in the UK or about NON EU citizens and asylum seekers.

We all know about our home grown benefit claimers, why bring that subject up?

The original poster Said Returning to Spain after Six year's.... Basically I replied to the post just to highlight the unfairness of being a member of the EU ... I certainly don't need a lecture from Mariedav on a argument that was lost 3 year's back by the Remoaners .. when the  UK the finally leaves the EU...many others will follow suit.

Windy I fully agree.

EU rules have been pie crust rules to many member states, especially Spain who seem to do as they like. Whereas the UK have played cricket and been a soft touch at tax payers’ expense.

It seems to be a mystery to many why the UK is the world number 1 target for EU and NON EU migrants. Maybe it could be our superb weather climate and surely not our benefits system and world healthcare.

On the positive side it has kept the NHS busy and a constant supply of staff for Burger King and MacDonald’s. Sometimes some people are never satisfied, how else would you get a big Mac and a toy?

To throw a spanner in the works with not much to do with the original question but a little to do with benefits with the EU and UK, a few years back my Brother in law married a single girl from Bulgaria who was already in the UK with a job in a care home for 5 years, in Bulgaria she was a nurse, but couldn't get that position in the UK, after a few years they had a  boy, when they applied for the normal benefits that a UK born and bred person gets for the first child...(If you still do or did?)...She was left out of any benefits, my Brother in Law had to apply in his name, and it turned out to be quite an exercise in form filling and so on, all the payments were made to him in his name.

Perhaps a jobs worth trying to make a name for himself, or maybe the rules a few years back?

One question raised as to why is it a mystery many want to come here look no further than local councils taking rents and rates from immigrants who have no right of stay in the UK, is it the monies raised so a blind eye is turned, or the couldn't care less attitude the UK has adopted now.