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Confusion over TIE

Posted: Thu Oct 15, 2020 2:53pm
47 replies1702 views14 members subscribed
Tessa2018

Posts: 82

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Some people who have been residencia for many years in Spain are not sure if they need to apply for the TIE post Brexit. Does anybody yet know the definitive answer? Also I am non resident and have NIE which I believe will suffice as am not there more than 90 days at a time. Is this correct please?

Peter3473

Posted: Thu Oct 15, 2020 3:31pm

Peter3473

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Posted: Thu Oct 15, 2020 3:31pm

Good question, well if those people have residencia already in any way or form of a certificate or card want to apply to exchange these for a T.I.E card they can start the process now or in the near future, but I have also read/heard that there is no need to? Reading recently if they intend to continue to reside in Spain, they need to exchange their present certificate of residence of a European Union Citizen for a T.I.E, a Tarjeta de Identification de Extranjero. this is because they are no longer a Citizen of the European Union? It is all based on the UK withdrawal agreement and a exchange should be made before the 31st December? If I have read the article correctly, if they do not get the T.I.E , at some point next year they will be considered a non-resident of Spain? 

With your question on the 90 day rule, I am on the understanding that the maximum days of 90 is permitted in 180 days, this can be broken up to suit your needs, but cannot be carried over in the next 180 days.  

tebo53

Posted: Thu Oct 15, 2020 3:47pm

tebo53

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Posted: Thu Oct 15, 2020 3:47pm

Tessa2018 wrote on Thu Oct 15, 2020 2:53pm:

Some people who have been residencia for many years in Spain are not sure if they need to apply for the TIE post Brexit. Does anybody yet know the definitive answer? Also I am non resident and have NIE which I believe will suffice as am not there more than 90 days at a time. Is this correct please?

As I understand it....I have residency and a green residency card so I don't have to apply for a TIE unless I want to. 

By having an NIE doesn't give you any rights whatsoever to residency or rights to extend your stay. An NIE is similar to the UK National insurance number. 

Steve 

elinspain

Posted: Thu Oct 15, 2020 3:48pm

elinspain

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Posted: Thu Oct 15, 2020 3:48pm

Hello

Yes Tessa to answer the 2nd part of your post - from Jan 1st 2021, as long as you do not exceed 90days max. here you will be ok....then 90 days back in UK & you can come back to Spain.... for up to  another 90 days.

Cheers

Elinspain

Kelvin1960

Posted: Thu Oct 15, 2020 4:01pm

Kelvin1960

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Posted: Thu Oct 15, 2020 4:01pm

If you already hold Residencia, you are not required to obtain a TIE (although many of us are doing it). 

After 31.12.20, if you only hold NIE (no Residencia), you can only be in the EU for 90 days in any rolling 180 (so, 3 months in EU/3 months out of EU).

TP20

Posted: Thu Oct 15, 2020 4:16pm

Posts: 44

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Joined: 26 Sep 2020

Posted: Thu Oct 15, 2020 4:16pm

Kelvin1960 wrote on Thu Oct 15, 2020 4:01pm:

If you already hold Residencia, you are not required to obtain a TIE (although many of us are doing it). 

After 31.12.20, if you only hold NIE (no Residencia), you can only be in the EU for 90 days in any rolling 180 (so, 3 months in EU/3 months out of EU).

We are holding back on getting the TIE to give those who are first time residency applicants the chance to get appointments.

elinspain

Posted: Thu Oct 15, 2020 4:23pm

elinspain

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Posted: Thu Oct 15, 2020 4:23pm

TP20 wrote on Thu Oct 15, 2020 4:16pm:

We are holding back on getting the TIE to give those who are first time residency applicants the chance to get appointments.

Hello

I was doing the same TP20 until I learned on the forum, that in Alicante Extranjeros Office it is different departments/appointments   dealing with new applicants & people exchanging residencias - now I am in the process & waiting for an appt.

Cheers

Elinspain

tebo53

Posted: Thu Oct 15, 2020 4:55pm

tebo53

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Posted: Thu Oct 15, 2020 4:55pm

Kelvin1960 wrote on Thu Oct 15, 2020 4:01pm:

If you already hold Residencia, you are not required to obtain a TIE (although many of us are doing it). 

After 31.12.20, if you only hold NIE (no Residencia), you can only be in the EU for 90 days in any rolling 180 (so, 3 months in EU/3 months out of EU).

Having an NIE does not give you any rights whatsoever to travel. 

An NIE is only a number that anyone in the world can apply for. 

An NIE is similar to the UK National insurance number and that is all it is.

Steve 

Kelvin1960

Posted: Thu Oct 15, 2020 5:52pm

Kelvin1960

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Posted: Thu Oct 15, 2020 5:52pm

elinspain wrote on Thu Oct 15, 2020 4:23pm:

Hello

I was doing the same TP20 until I learned on the forum, that in Alicante Extranjeros Office it is different departments/appointments   dealing with new applicants & people exchanging residencias - now I am in the process & waiting for an appt.

Cheers

Elinspain

We were holding back for the same reason ... until there was some bluster in London a few weeks ago about rowing back on the Withdrawal Agreement. 

Then we decided to apply (as did several other acquaintances). 

Our appointment is tomorrow (fingerprints etc.).

Golandrina

Posted: Thu Oct 15, 2020 6:34pm

Golandrina

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Posted: Thu Oct 15, 2020 6:34pm

Peter3473 wrote on Thu Oct 15, 2020 3:31pm:

Good question, well if those people have residencia already in any way or form of a certificate or card want to apply to exchange these for a T.I.E card they can start the process now or in the near future, but I have also read/heard that there is no need to? Reading recently if they intend to co...

...ntinue to reside in Spain, they need to exchange their present certificate of residence of a European Union Citizen for a T.I.E, a Tarjeta de Identification de Extranjero. this is because they are no longer a Citizen of the European Union? It is all based on the UK withdrawal agreement and a exchange should be made before the 31st December? If I have read the article correctly, if they do not get the T.I.E , at some point next year they will be considered a non-resident of Spain? 

With your question on the 90 day rule, I am on the understanding that the maximum days of 90 is permitted in 180 days, this can be broken up to suit your needs, but cannot be carried over in the next 180 days.  

Taken from the N332 Facebook page (this page and their website is run in collaboration with officers of the Guardia Civil for English speaking people):

RESIDENCY INFORMATION:- We know that there are still many rumours around that green residency certificates must be exchanged for the TIE by 31 December. Please be assured that this is not the case. While the Spanish Government has highlighted that there may be some advantages to having the TIE – it is more durable, contains biometric data and may speed up administrative processes and border crossing – they make it clear that the green certificate remains valid evidence of your residency status and rights under the Withdrawal Agreement, even after the end of the Transition Period. See their Q&A document for more detail. - You may be aware that some UK Nationals have been issued with TIEs with incorrect wording. We continue to work with the Spanish authorities on this issue. The Spanish have emphasised that these cards remain valid documents, however, we appreciate the desire of UK nationals to obtain a card with the correct wording and are awaiting further information from the Spanish authorities on the process for doing this.- We know that it is still difficult to get residency appointments in many areas. Please encourage anyone who is struggling to obtain an appointment to make sure they have all the documentation necessary for their application and to prove that they are legally living in Spain by the end of this year.- We have published a series of videos on residency on our Brits in Spain Facebook channel: an FAQ video, a video specifically for first time applicants and a third on exchanging the green certificate for a TIE. In addition, we have updated our page on gov.uk on registering as a resident in Spain.- If people are particularly struggling with the residency process as first-time applications, please do signpost them to the organisations that have received funding from the UK Nationals Support Fund to assist them. The level of support may vary depending on where in Spain you are, but their helplines are open to people from across the country. You can find their details here.

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