State pension rights for UK citizen who worked 16 years in EU

Jack's_mum

I doubt you need to move back to Spain. I think your claim for the Spanish pension can be handled initially by the International section of DWP once you reach the appropriate age for this pension. I recommend you consult a facebook page called ProtectEuropeanPensions which I have found very helpful in relation to my own successful claims for two different European pensions. Spain is covered very well there. Unfortunately I can't post the link here but it should come up via a Google search.

pinnks

Jack's_mum said:

I doubt you need to move back to Spain. I think your claim for the Spanish pension can be handled initially by the International section of DWP once you reach the appropriate age for this pension. I recommend you consult a facebook page called ProtectEuropeanPensions which I have found very helpful in relation to my own successful claims for two different European pensions. Spain is covered very well there. Unfortunately I can't post the link here but it should come up via a Google search.

I agree on both counts.  

On the moving back to Spain point, one only needs to look at calculation 2 under the EU rules where Spain is required to assume OP's entire contribution record was in Spain.  The regulations actually say:

"the theoretical amount of the benefit is equal to the benefit which the person concerned could claim if all the periods of insurance and/or of residence which have been completed under the legislations of the other Member States had been completed under the legislation it applies on the date of the award of the benefit."

That clearly meets the 2 in the last 15 requirement, so a theoretical amount greater than zero would drop out of the calculation, which would then be pro-rated to a figure greater than zero based on the actual Spanish record.

This point has been discussed and confirmed in that FB group...