Changing TIE card permanent one

Not saying she shouldn't get a permanent TIE but if she has completed her 5 years then she is permanently resident because of that, a permanent TIE is not actually required to prove it.

Under the WA once permanent residency had been acquired absences of up to 5 years are permitted.

EDIT: From another forum:

"I have already renewed my TIE and at no point was I required to demonstrate anything. You just fill out the required form pay the fee and hand them your your old TIE. They tell you to come back in 4 weeks."

So that's the theory at least!

Thank you for taking the time to reply to my post. As you said in your reply I was able to apply for TIEs with very little formality.  My daughter had a green credit card size residency document which was issued in April 2018 meaning that she completed five years residency in April this year but when when we exchanged this for a TIE in June 2021 (as recommended by British and Spanish governments, but only optional), she was issued with another temporary TIE with an expiry date of June 2026, which surely must be wrong - effectively ignoring the time she had been resident from 2018.

Besides that, what worries me now is information like this which I found on the internet posted by 'Immigration Lawyers' - https://www.immigrationspain.es/en/maximum-time-outside-spain-without-losing-residency/.

The problem now is that not only are there no appointments, but I can see no options listed on the website to exchange temporary cards for permanent ones.

https://www.facebook.com/groups/gospain.co.uk/ or google expay people  who know

Her date of residency starts from the date on her first card ie the green residencia. She is now a permanent resident no matter what is says on her TIE card. If you scroll through the forums you’ll find many people in the same situation and have unsuccessfully tried to renew the TIE early only to be told to wait until the expiry date on the card.

Computer records will prove the date of residency, but  if she feels happier she  could always carry the copy of the old card along with her TIE.

Lynn

Yes,  thanks Lynn, that's exactly what I'm being told now.

Hi dc45,

The article for which you've provided a link refers to post-Brexit residency.  Although "Immigration Lawyers" have failed to date their article, they have used terminology which gives clues to it referencing post-Brexit residency, e.g. "non-profit residence" is a reference to the Non Lucrative Visa, and the reference to "temporary cards (the initial ones for 1 year, and the first 2 renewals" describes the application process and TIE renewals required for NLV holders.  The article is irrelevant to your daughter's circumstances.

As your daughter obtained residency in 2018, she did not have to apply for a visa.  Her pre-Brexit residency gives her the protection and rights of the Withdrawal Agreement:

https://www.inclusion.gob.es/en/web/guest/brexit_en/residence/in-spain-on-12-31-2020

As others have advised, your daughter is not required to have a "permanente" TIE to prove her permanent residency status.

Kind regards, 

Kim

Thank you Kim for spending the time to reply to my posts, I was beginning to wonder about the relevance of the Immigration Lawyers quote.

I didn't give this information when I originally posted, because I didn't want to complicate my question, but I will mention now that my daughter was in fact born in Spain, was/is registered in the state health care system, registered and updated on the Padron several times, and attended  school in Spain, but all without being officially registered as a resident.  The reason for this was because it was not until 2018 that what we thought was her registration certificate, issued when she was a baby, was in fact only a certificate of registration for her NIE. How we/she managed to go through all of the above (from 2008 to 2018) without being officially registered as a resident I don't know!  It was only in 2018 that we became aware of our mistake (I don't remember how) and immediately registered her as a resident, with very few questions asked and only her passport and not much else in documentation. So, as you (and others) have said, with all this historical documentation in addition to the evidence of her bing officially resident from 2018 and a beneficiary of the Withdrawal Agreement I now feel confident that my daughter can go to school in England and not be penalised for her absences from Spain.

Thank you very much, and other readers  who replied to my post.

Finally, I would like to mention Alison of Get Legal in Spain who also gave me similar advice to your own and that by having to wait until my daughter's TIE card expires in 2026 this will not affect my daughter's rights under the W. A.