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A question on permanent residency

Posted: Sat Nov 5, 2022 10:12pm
9 replies153 views4 members subscribed
swcoulthurst

swcoulthurst

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A bit in advance, but just after clarification.

We became resident in December 2018, so technically could become full resident in December 2023. However as we change to a T.I.E, the expiry date on that is April 2026 so would be 7 years and 4 months, not 5 years. Which date would we use to change to permanent residency card?

Sues007

Posted: Sat Nov 5, 2022 10:53pm

Sues007

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Posted: Sat Nov 5, 2022 10:53pm

swcoulthurst wrote on Sat Nov 5, 2022 10:12pm:

A bit in advance, but just after clarification.

We became resident in December 2018, so technically could become full resident in December 2023. However as we change to a T.I.E, the expiry date on that is April 2026 so would be 7 years and 4 months, not 5 years. Which date would we use to change to permanent residency card?...

...

Hello 

Your T I E card will have an expiry date on and that's what I would go off....maybe they dated if from the year 2021 when all the Brexit things kicked in.

😁😁😁

Sue 😘

GrahamLynn

Posted: Sat Nov 5, 2022 11:45pm

GrahamLynn

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Posted: Sat Nov 5, 2022 11:45pm

The topic has been mentioned before. Your  initial date of residency of 2018 is still on your file , so once you get to Dec 2023  you automatically become permanent residents, no matter what it says on your TIE . I’m in a similar situation myself. So you just wait until your TIE expires to get your permanent residency card. 

The date you first became resident can easily be checked by any official authority - police, hacienda etc - should they ever need to verify your residency status.

If you remember the first lot of exchanged TIE’s were issued with completely the wrong wording on them and people were advised just to keep hold of the cards. Even though the wrong cards were issued, the computer records were correct. 

Lynn

swcoulthurst

Posted: Sat Nov 5, 2022 11:46pm

swcoulthurst

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Posted: Sat Nov 5, 2022 11:46pm

Sues007 wrote on Sat Nov 5, 2022 10:53pm:

Hello 

Your T I E card will have an expiry date on and that's what I would go off....maybe they dated if from the year 2021 when all the Brexit things kicked in.

😁😁😁

Sue 😘

Thanks Sue. The TIE was dated when we changed from the green residencia to the TIE.

I have since found that we go off the date of residency, so December 2018. The TIE does not need to be due expiry.

Bit of a google search turned this up.

You can apply for a permanent TIE as soon as you reach 5 years total legal residence in Spain. You do not have to wait until the original card has expired. If you apply for the TIE and have been resident in Spain for more than 5 years, you will be issued with a permanent TIE, valid for 10 years.

Sues007

Posted: Sun Nov 6, 2022 1:27am

Sues007

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Posted: Sun Nov 6, 2022 1:27am

swcoulthurst wrote on Sat Nov 5, 2022 11:46pm:

Thanks Sue. The TIE was dated when we changed from the green residencia to the TIE.

I have since found that we go off the date of residency, so December 2018. The TIE does not need to be due expiry.

Bit of a google search turned this up.

You can apply for a permanent TIE as soon as you reach 5 years total legal residence in Spain. You do not have to wait until the original card has expired. If you apply for the TIE and have been resident in Spain for more than 5 years, you will be issued with a permanent TIE, valid for 10 years.

Hello 

Your welcome.

I have a permanent tie card and this lasts for 10 years up to 2030.  It can be very confusing at times.

Sue 😘

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Darro

Posted: Sun Nov 6, 2022 7:33am

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Posted: Sun Nov 6, 2022 7:33am

The date you acquired residency is all that counts and that will be on record, plus if you sensibly kept a copy, on your previous green residencia.

By default temporary TIE cards are valid for 5 years so the expiry date means nothing.

Yes you can exchange a temporary TIE for a permanent one if you wish but it will make no difference to your status.

Kimmy11

Posted: Sun Nov 6, 2022 8:53am

Kimmy11

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Posted: Sun Nov 6, 2022 8:53am

Sues007 wrote on Sat Nov 5, 2022 10:53pm:

Hello 

Your T I E card will have an expiry date on and that's what I would go off....maybe they dated if from the year 2021 when all the Brexit things kicked in.

😁😁😁

Sue 😘

Hi Sue,

I'm afraid your interpretation is incorrect.  The date on a TIE is either 5 years (temporary) or 10 years (permanent) from the date the card was issued.  For those of us who had green residency cards, and then exchanged it for a TIE, our initial date of residency started when our green cards were issued, not the date on any subsequent TIE.  

For example, the start date on my green card is November 2016.  I exchanged it for a TIE in September 2020, but that doesn't mean that the 4 years residency, prior to issue of my TIE, no longer counts.  I could have applied for my permanent (10 year) TIE in November 2021, but given the backlog at Foreigners' offices, I decided not to bother.  If that situation improves, I may apply for my permanent TIE sometime soon, but  if not, I'll wait until nearer its expiry date in September 2025.  Either way, the start date of my Spanish residency is November 2016, not the date on my TIE.

Kind regards, 

Kim

swcoulthurst

Posted: Sun Nov 6, 2022 5:42pm

swcoulthurst

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Posted: Sun Nov 6, 2022 5:42pm

Darro wrote on Sun Nov 6, 2022 7:33am:

The date you acquired residency is all that counts and that will be on record, plus if you sensibly kept a copy, on your previous green residencia.

By default temporary TIE cards are valid for 5 years so the expiry date means nothing.

Yes you can exchange a temporary TIE for a permanent one if you wish but it will make no difference to your status.

The only possible difference is the amount of time you can spend out of country without losing residency. I could be wrong but on a temporary residency isn't it 6 months, on a permanent residency I believe 5 years. Should we have to return to the UK for over 6 months on a temporary residency we would have to restart residency with the new conditions. Is that right?

Sues007

Posted: Sun Nov 6, 2022 6:26pm

Sues007

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Posted: Sun Nov 6, 2022 6:26pm

Kimmy11 wrote on Sun Nov 6, 2022 8:53am:

Hi Sue,

I'm afraid your interpretation is incorrect.  The date on a TIE is either 5 years (temporary) or 10 years (permanent) from the date the card was issued.  For those of us who had green residency cards, and then exchanged it for a TIE, our initial date of residency started when our green ...

...cards were issued, not the date on any subsequent TIE.  

For example, the start date on my green card is November 2016.  I exchanged it for a TIE in September 2020, but that doesn't mean that the 4 years residency, prior to issue of my TIE, no longer counts.  I could have applied for my permanent (10 year) TIE in November 2021, but given the backlog at Foreigners' offices, I decided not to bother.  If that situation improves, I may apply for my permanent TIE sometime soon, but  if not, I'll wait until nearer its expiry date in September 2025.  Either way, the start date of my Spanish residency is November 2016, not the date on my TIE.

Kind regards, 

Kim

Hello 

Thanks Kim 

Sue 😘

Kimmy11

Posted: Mon Nov 7, 2022 12:43am

Kimmy11

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Posted: Mon Nov 7, 2022 12:43am

swcoulthurst wrote on Sun Nov 6, 2022 5:42pm:

The only possible difference is the amount of time you can spend out of country without losing residency. I could be wrong but on a temporary residency isn't it 6 months, on a permanent residency I believe 5 years. Should we have to return to the UK for over 6 months on a temporary residency we w...

...ould have to restart residency with the new conditions. Is that right?

Hi swc,

That's correct for those of us with residency protected by the Withdrawal Agreement: a maximum 182 days per year for each of the first 5 years of temporary residence, and up to 5 years for those with permanent residence.  For those moving here since Brexit, the maximum time allowed out of Spain with permanent residence is 2 years (I know this doesn't apply to you, but thought I should include it for completeness).

Kind regards,

Kim

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