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Changing Residency status for T.I.E. Post-Brexit

Posted: Sun Mar 3, 2019 4:18am
6 replies186 views3 members subscribed
chrisso50

chrisso50

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This official Spanish Bulletin - confirms what we’ve read elsewhere - pages 3, 13, 14 especially. Anyone who already has residency will be given time to change it to the new T.I.E. card within a 21 month Period of Grace.

This only happens if there is No Deal.  And will only be valid if the UK guarantees the same rights for Spaniards living in the UK. 

It refers to those who were legally resident in Spain before Brexit happens, IF it happens,  Those who were NOT legally resident will have to prove that they lived here before 29 March 2019.

This applies to all legal residents and their immediate family (parents and children under 21)  You will have 21 months to apply for a new residence card.  Once you have applied your old (existing) residence card will be valid until the new one arrives.

You will be entitled to a Long Stay residence TIE if you have been legally resident for five years.

If you are a professional whose qualifications were obtained outside Spain but which have been homulgated, they will continue to be accepted.  

If you have a job which requires you to be a national of an EU state, you will be allowed to keep it. If you work for a Spanish firm but are temporarily sent to the UK you will continue to be employed under UK law, *provided the UK guarantees the same rights to Spanish citizens*.

This link refers:

https://www.boe.es/boe/dias/2019/03/02/pdfs/BOE-A-2019-2976.pdf

DarioMartin

Posted: Sun Mar 3, 2019 7:58pm

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Posted: Sun Mar 3, 2019 7:58pm

Do we know yet what happens if there IS a deal?  I ask as it appears the attitude of hard-liners has softened and the PM now hopeful she’ll get her deal through as early as next week.

chrisso50

Posted: Sun Mar 3, 2019 9:27pm

chrisso50

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Posted: Sun Mar 3, 2019 9:27pm

Not really! But I think the pressure will be reduced and presumably it will be better than with No Deal. But the U.K. will still be a third country once it’s not part of the EU.

chrisso50

Posted: Mon Mar 4, 2019 4:06am

chrisso50

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Posted: Mon Mar 4, 2019 4:06am

A T.I.E. will be required whether we leave without a deal or a deal - as we will become non-EU citizens which the TIE covers, just like other non EU citizens.

The TIE will have to be renewed every five years. This tallies with the requirement for Spanish nationals who have to renew their ID card and photo every five years.

Non EU citizens (that arrive here post Brexit) now require nearly €26,000 pa income.

La Moncloa currently states this for a 'no deal' scenario. Note principle number 2: 

"Currently, the Government is establishing the precise terms of this process, which will be governed by the following principles:

1) British citizens who are resident in Spain before the UK's withdrawal date (29 March 2019) will be subject to the general immigration regime. In other words, British citizens who are now residents as EU citizens will be subject to the regime governing citizens of a third country.

2) All British residents in Spain will be considered legal residents in Spain. To obtain permanent residence prior periods of residence in Spain will be taken into account in accordance with the regime governing EU citizens.

3) To facilitate documentation of all the British citizens in Spain, the registration certificates and cards of family members of EU citizens will continue to be valid until the issue of new documents under the general immigration regime (TIE cards)."

This is the residency section from La Moncloa (how to prepare) which explains broadly what happens both with and without a deal.

http://www.lamoncloa.gob.es/lang/en/brexit/howtoprepare/Paginas/190108residence.aspx

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DarioMartin

Posted: Mon Mar 4, 2019 7:59am

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Posted: Mon Mar 4, 2019 7:59am

Thanks Chrisso.

Why can’t UK just blasted well stay as they are?  Why fix something that isn’t broken?

L181SKY

Posted: Mon Mar 4, 2019 8:54am

L181SKY

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Posted: Mon Mar 4, 2019 8:54am

I think it’s an embarrassment that we have such people running the U.K. They have never had to deal with anything like this and when a challenge comes they all run and hide like Boris J and Micky G.     

chrisso50

Posted: Mon Mar 4, 2019 11:35pm

chrisso50

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Posted: Mon Mar 4, 2019 11:35pm

Dario

It look as if we [all U.K. citizens] that have obtained - or applied for - Spanish residency registration by the date that any Brexit takes place,  will all need to obtain a TIE registration document. This will be the case whether it’s a Withdrawal Agreement Brexit or a No Deal Brexit. In the event of No Brexit nothing changes!

The following is from the Spanish Moncloa document ...

“In the case of an exit with an agreement, the TIE certificate will allow you to prove your condition of beneficiary under the Withdrawal Agreement. In the case of an exit without agreement, this TIE document will allow you to continue to reside in Spain and obtain the documents required by the immigration regime.“

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