Residencies
I have heard today that resident ex pats will have to apply again after brexit. Is there any truth in this or is a scar monger. I only became a resident 2 years ago.
Posted: Thu Oct 22, 2020 6:41pm
Super helpful member
If you have a small green Residencia card (obtained when you became resident), there is no obligation to change to a TIE (although many of us are choosing to do this).
If you do choose to switch to a TIE, you will be able to switch it to a permanent TIE after 5 years (including the 2 years that you already have).
Kelvin1960 wrote on Thu Oct 22, 2020 6:41pm:
If you have a small green Residencia card (obtained when you became resident), there is no obligation to change to a TIE (although many of us are choosing to do this).
If you do choose to switch to a TIE, you will be able to switch it to a permanent TIE after 5 years (including the 2 years that you already have)....
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Thank you for the information. I think that I will apply for the TIE as things may get changed in the future. Kind Regards
Posted: Fri Oct 23, 2020 2:51pm
Legendary helpful member
Barry1944 wrote on Thu Oct 22, 2020 10:21pm:
Thank you for the information. I think that I will apply for the TIE as things may get changed in the future. Kind Regards
There is absolutely no substance to rumours that Residents will have to reapply after the Transition Period ends. It's your choice and your right to change your Residencia to TIE but the Spanish government has gone to great lengths to assure us that there is no need to do so as your rights under the current Residencia are guaranteed. There is 0 chance they will go back on that as they do not under any circumstances want a flight of UK citizens away from the Spanish economy. Also, the Spanish government has confirmed that the financial criteria met by current residents will not be changed after 31.12.20.
Additionally there is every likelihood that the application process for TIE will become simpler and easier once trials in Alicante have proved successful, reducing the need for two separate visits to two different offices in Alicante. So, perhaps Denia in the northern area, Torrevieja and another to the south might well be added.
I understand the nervousness of some Brits but I have no doubt whatsoever that any British people living in Spain legally will remain fully protected after 31.12.20
Kind regards, Steve
Posted: Fri Oct 23, 2020 9:38pm
Legendary helpful member
Hi Steve,
We collected our TIEs today - I took great pleasure in ripping up the remains of hubby's battered, green Residency certificate! :o)
I agree that Spain is unlikely to move the goalposts after the end of the transition period - not least, because I'm sure the EU will be very happy to take the moral high ground, since BoJo and his clowns have reneged on part of the Withdrawal Agreement, with the passing of their Internal Market Bill :o(
Out of interest, do you have a link for where, ".....the Spanish government has confirmed that the financial criteria
met by current residents will not be changed after 31.12.20." is published please? It may well prove comforting to many, to be able to see it in print.
Many thanks,
Kim
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Posted: Fri Oct 23, 2020 10:28pm
Legendary helpful member
Kimmy11 wrote on Fri Oct 23, 2020 9:38pm:
Hi Steve,
We collected our TIEs today - I took great pleasure in ripping up the remains of hubby's battered, green Residency certificate! :o)
Read more...
I agree that Spain is unlikely to move the goalposts after the end of the transition period - not least, because I'm sure the EU will be very happy to take the moral high ground, since BoJo and his clowns have reneged on part of the Withdrawal Agreement, with the passing of their Internal Market Bill :o(
Out of interest, do you have a link for where, ".....the Spanish government has confirmed that the financial criteria met by current residents will not be changed after 31.12.20." is published please? It may well prove comforting to many, to be able to see it in print.
Many thanks,
Kim
I don't have a link to the interview but I seem to recall Arancha González Laya said (when reassuring British citizens earlier this year) that British citizens currently resident in Spain should rest assured that their rights under previous Residencia applications would be guaranteed after the end of the Transition Period. So she has implicitly confirmed that new criteria would not be retrospectively applied to existing British residents. Additionally, if the UK Foreign Office had any doubt about about Spain's goodwill in the administration of the matter they would be advising those with Residencia to change to TIE now. They're not.
I don't think there has been a Law passed that guarantees it, that I acknowledge.
The new criteria apply to new applications precisely because they are new and fall under the category of third country applications. The old applications as you know were made and accepted absolutely under the umbrella legislation of the UK being part of the EU.
However, if the new criteria were to be applied retrospectively (an action which in itself would face serious legal challenge) I would guess the vast majority of British citizens living in Spain would not meet the criteria which in turn would lead to chaos and the potential grave loss to the Spanish economy. This is clearly not the intention of the Spanish government.
At least that's how I read it Kimmy. In the same way as the UK government aren't going to print a Bill of Rights for existing EU residents in the UK, Spain is unlikely to do it for us.
Kind regards, Steve
Posted: Sun Aug 22, 2021 11:48pm
Hi we have been living here almost 40 years now the only certificate that I have is the A4 green sheet of paper we got when when we joined the EU, does anyone know how we stand, do we need to apply for the TIE or not ?
Petedaniel wrote on Sun Aug 22, 2021 11:48pm:
Hi we have been living here almost 40 years now the only certificate that I have is the A4 green sheet of paper we got when when we joined the EU, does anyone know how we stand, do we need to apply for the TIE or not ?
Is the A4 green sheet of paper a residency certificate?
Steve
Posted: Mon Aug 23, 2021 7:17am
Legendary helpful member
Hi Petedaniel,
It sounds like you have the original style residency document, before they were reduced to the small green card.
The Spanish government is yet to mandate a deadline for switching to a TIE, although both they and the British Embassy are now recommending that residents make the exchange as soon as possible. You could appoint a gestor to help you with this (the typical fee seems to be around €120 per person), or do it yourself (for €12 each), using my step-by-step gude:
Kind regards,
Kim
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