British expats forced to leave Spain – ‘don’t feel confident’ with new Brexit rules

British expats forced to leave Spain – ‘don’t feel confident’ with new Brexit rules

By ESTHER MARSHALL – www.express.co.uk Diego Echavarria is an expert in Spanish residency law. He is the founding partner of Fairway Lawyers on the Costa del Sol and spoke to Express.co.uk about British expats in Spain. He told Express.co.uk that one of his clients was asked to leave Spain in 72 hours after she struggled to prove she had residency. He said: “I had a case where someone who is a citizen in Spain couldn’t justify it. They gave her 72 hours to leave the country. “She was able to prove that she had residency so she was fine but I don’t know what’s going to happen to other people […]

Door opened for a million ‘floor clause’ mortgages in Spain on ‘abusive’ IRPH rate to be cancelled

Door opened for a million ‘floor clause’ mortgages in Spain on ‘abusive’ IRPH rate to be cancelled

One of the top legal advisers in the European Union has said that about one million mortgages sold in Spain on a different type of rate to the standard Euribor can be subject to judicial review. The rate being questioned is known as the IRPH (mortgage loan reference index) and is an alternative offered to customers of banks when buying their property. It is a national average of the cost of mortgages over a period up to three years, meaning it is less variable than the standard Euribor. However, homeowners complain that while Euribor rates plummeted in recent years, the different way of calculating IRPH keeps their loans higher. Many […]

Family reunification for foreigners in Spain

Family reunification for foreigners in Spain

Spanish immigration law recognises the right of foreigners legally resident in Spain to reunite their families. This article summarises the general conditions required to exercise this right. Who can reunite their family members? Foreigners who have been living legally in Spain for a year and have obtained authorisation to stay at least one more year. To reunite ascendants, the foreigner must be a longterm resident in the country. Those who can also reunite their family, without previous legal residence, include: holders of an EU long-term residence permit in another Member State of the European Union, holders of an EU blue card, or beneficiaries of the special regime for researchers. Which family […]

Spanish government launch new process for UK citizens who still have to register their residency in Spain

Spanish government launch new process for UK citizens who still have to register their residency in Spain

The UK’s exit from the EU took place on 31 January 2020 and the terms of the departure are defined in the Agreement on the withdrawal of the United Kingdom from the EU negotiated by both parties. The Withdrawal Agreement entered into force on 1 February 2020 and provides for an orderly departure of the UK from the EU. To this end, the Withdrawal Agreement foresees a transition or implementation period which expires on 31 December 2020. Residence rights are regulated in Title II of the Withdrawal Agreement. It should be kept in mind that registration certificates and residence card to family members of a Union citizen obtained before the […]

VIDEO: British Ambassador and Spain’s Secretary of State for Migrations send a joint message to UK nationals in Spain

VIDEO: British Ambassador and Spain’s Secretary of State for Migrations send a joint message to UK nationals in Spain

One week on from the introduction of a new residency document for UK nationals protected by the Withdrawal Agreement and some changes to the application process, HMA Hugh Elliott and Secretaria de Estado de Migraciones (Ministerio de Inclusión, Seguridad Social y Migraciones) Hana Jalloul recorded a joint message for UK nationals living in Spain. The Ambassador and Minister acknowledged the many questions from UK nationals about the new system and sought to provide clarity and reassurance. They were clear that the green residency certificate (whether A4 or credit card-sized) remains valid proof of residency status and rights under the Withdrawal Agreement, even after the end of the transition period. Speaking […]

End to EU free movement in UK a step closer after MPs pass immigration bill

End to EU free movement in UK a step closer after MPs pass immigration bill

British MPs have approved the government’s immigration bill which aims to end EU freedom of movement rules in the UK, one of the key factors that led to Brexit. The measure has now cleared all stages in the House of Commons after being passed by 342 votes to 248 on Tuesday night. It is next due before the upper chamber, the House of Lords. The legislation ends rules that have helped millions of EU citizens to live and work in the UK, and will instead give equal rights to people from outside the bloc. “We’re ending free movement — so people can come here based on their skills, not where […]

BREXIT: Citizens’ Rights following the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union

BREXIT: Citizens’ Rights following the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union

The overall objective of Part Two of the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (the Agreement) is to safeguard citizens’ rights derived from European Union (EU) law exercised by European Union citizens residing or working in the United Kingdom of Great Britain and Northern Ireland (UK) and by UK nationals residing or working in the EU and their respective family members by the end of the transition period provided for in the Agreement, and to provide for effective, enforceable and nondiscriminatory guarantees for this purpose. This Guidance Note is purely informative and […]