residencia

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patchdog
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residencia

Postby patchdog » Tue Dec 07, 2010 10:02 am

My residencia has just run out.I live in Cordoba province.Anyone know where I can get forms to download and what other stuff do I need. Also do I have to go to Cordoba or, are ther other places I can renew it.

Many Thanks

El Cid
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Re: residencia

Postby El Cid » Tue Dec 07, 2010 11:01 am

You can download the form at http://www.mir.es/SGACAVT/modelos/extra ... /ex_16.pdf

You will need the completed form and a copy. Your passport and a copy. Two photos (not officially required but often asked for). Take a copy of your current card and your actual card. If you give them the copy they may not ask for the old card (which can still be used for ID).

The fee is now €10 but you will normally be given a form to take to the nearest bank where you pay the fee and return to the office to collect the new registration form.

You can apply at any office of The Policia Nacional but that probably means Cordoba.

Sid

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patchdog
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Re: residencia

Postby patchdog » Tue Dec 07, 2010 2:39 pm

Thanks Cid
Do you think it will be a problem,the fact that my residencia will have lasped by about 2 weeks by the time i get to police station to renew

markwilding
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Re: residencia

Postby markwilding » Tue Dec 07, 2010 3:46 pm

I don't think you'll have a problem as residency cannot lapse.

El Cid
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Re: residencia

Postby El Cid » Tue Dec 07, 2010 4:23 pm

markwilding wrote:I don't think you'll have a problem as residency cannot lapse.
So why is there an expiry date on the old residencia card?

When it expires you are obliged to sign onto the new register which does not have an expiry date.

I can't imagine that a 2 weeks oversight would be a problem though!

Sid

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Re: residencia

Postby julian » Tue Dec 07, 2010 4:27 pm

when the residency card expires it doesn´t mean you are no longer a resident, it means the card is no longer valid (an expired card is not valid I.D.)
when your british passport expires it doesn´t mean you are no longer british (yet).

markwilding
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Re: residencia

Postby markwilding » Tue Dec 07, 2010 4:54 pm

El Cid wrote:
markwilding wrote:I don't think you'll have a problem as residency cannot lapse.
So why is there an expiry date on the old residencia card?

Sid
Because it's an old system..That was the whole point of the change.Someone pointed out that within in EU rules once you have residence you don't need to renew it .

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Re: residencia

Postby El Cid » Tue Dec 07, 2010 5:29 pm

markwilding wrote:
Because it's an old system..That was the whole point of the change.Someone pointed out that within in EU rules once you have residence you don't need to renew it .
Yes, but as I pointed out on another thread, you HAVE to sign on to the new register when your old card runs out.

You only have the right of permanent residence in Spain after you have been resident for 5 years. When you apply for the new certificate it will specifically state that you have the right of permanent residency. A certificate issued to a new resident will not be quite the same and does not give permanent rights - if you want those you have to apply for a new certificate after 5 years.

On the application form it quite clearly gives those two options.

Sid

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Re: residencia

Postby julian » Tue Dec 07, 2010 6:11 pm

we seem to be trapped in a residenciaand NIE whirlpool, going round and around, we´re now discussing the same thing twice a week !!! :lol:

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Re: residencia

Postby markwilding » Tue Dec 07, 2010 6:13 pm

Sid
You are correct but the question was if there would be a problem if he goes to renew it after the date of expiry.

El Cid
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Re: residencia

Postby El Cid » Tue Dec 07, 2010 6:27 pm

julian wrote:we seem to be trapped in a residenciaand NIE whirlpool, going round and around, we´re now discussing the same thing twice a week !!! :lol:
So what's new - we have been doing that for 10 years! :crazy: :crazy:

Sid

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Re: residencia

Postby El Cid » Tue Dec 07, 2010 6:29 pm

markwilding wrote:Sid
You are correct but the question was if there would be a problem if he goes to renew it after the date of expiry.
Yes, and I said that there shouldn't be a problem.

Sid

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Re: residencia

Postby julian » Tue Dec 07, 2010 6:31 pm

then mark replied..................

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patchdog
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Re: residencia

Postby patchdog » Tue Dec 07, 2010 8:57 pm

hehehe

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Re: residencia

Postby masterob » Wed Dec 08, 2010 12:49 am

What exactly does "permanent residency" confer that "residency" doesn't? Is it just that you no longer have to renew it every 5 years? If so, that's hardly a big deal or is there an implication that within the first 5 years you can be slung out at the whim of the Government? I would have thought that irrespective of the length of residency a foreigner from within the EU would only be kicked out if a serious crime prejudicial to the Spanish State had been committed. Am I missing something here? :?

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Re: residencia

Postby gus-lopez » Wed Dec 08, 2010 8:23 am

masterob wrote:What exactly does "permanent residency" confer that "residency" doesn't? Is it just that you no longer have to renew it every 5 years? If so, that's hardly a big deal or is there an implication that within the first 5 years you can be slung out at the whim of the Government? I would have thought that irrespective of the length of residency a foreigner from within the EU would only be kicked out if a serious crime prejudicial to the Spanish State had been committed. Am I missing something here? :?
You can be deported & banned from the country for a maximum period of 3 years,regardless of the fact that you may own a house, work & pay taxes. What you have to do to be thrown out I don't know. There was a case in the UK in November 2009 of a UK citizen , born & bred , deported from the uk to spain ( where he was now living ) & banned from returning for a period of 6 months. 1st of its kind apparently & now the precedent is set ! :roll:
Todos somos Lorca.

El Cid
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Re: residencia

Postby El Cid » Wed Dec 08, 2010 9:27 am

masterob wrote:What exactly does "permanent residency" confer that "residency" doesn't?
For most of us - not a lot!

Yes, it is more difficult for the authorities to kick you out. Normally it can only be on the grounds of "public policy, public security and public health". For permanent residents it has to be "on serious grounds of public policy or public security".

How on earth you can define all those conditions only the EU lawyers know!!

There is another aspect to the EU concept of permanent residence that does not apply in Spain.

The EU rules allow a country to impose conditions to residency based on you not being a burden to the state ie. you must have sufficient financial resources and also have health cover. This used to be the case in Spain 10 years or so ago but the rules changed and Spain no longer imposes these conditions (even though it could still legally do so).

If you were in a country where these conditions had been imposed, once you have obtained permanent residency these conditions would no longer apply.

Another point is that this new EU directive was brought about, to a very large extent, to cater for non EU citizens who are the family of an EU citizen. This can be a very complicated area, especially if the EU citizen died leaving his non EU family living in an EU country.

Under these circumstances, the right of permanent residence becomes somewhat more important than it might appear to the rest of us.

The directive is here, in all its boring detail:- http://eur-lex.europa.eu/LexUriServ/Lex ... 123:EN:PDF

The Spanish government guidance is here:- http://extranjeros.mtin.es/es/Informaci ... INGLES.pdf

Sid

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Re: residencia

Postby markwilding » Wed Dec 08, 2010 10:35 am

Hi gus-lopez
I've never heard of this and I'd be interested to know the circumstances in more detail.eg I would like to know if the person deported had committed a crime in Spain and therefore had been deported back. It's difficult to get my head around how any British person, as you say born and bred, could be banned from entering his own country,
I've googled the story but It didn't come up with anything.
Last edited by markwilding on Wed Dec 08, 2010 5:19 pm, edited 2 times in total.

masterob
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Re: residencia

Postby masterob » Wed Dec 08, 2010 12:03 pm

Sid, many thanks for your informative advice, it's a bit clearer now. Rob

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Re: residencia

Postby gus-lopez » Wed Dec 08, 2010 2:36 pm

markwilding wrote:Hi gus-lopez
I've never heard of this and I'd be interested to know the circumstances in more detail.eg I would like to know if the person deported had committed a crime in Spain and therefore had been deported back. It's difficult to get my head around under how any British person, as you say born and bred, could be banned from entering his own country,
I've googled the story but It didn't come up with anything.
From memory the man was charged with assaulting his ,then ,girlfriend, & when it came to court he had started a new life in spain with another woman . The judge deported him back here & he was banned from entering the Uk for 6 months. I'll see if I can find it again.
Todos somos Lorca.


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