New TIE

Hi Pat

Dario's posts are worth reading.

Regulations concerning Residencia as of July 6

regards,

As far as I am aware, Oficina de la Extranjeria in Almería is no longer offering appointments for Residencia to UK Nationals.  As of July 6, they have swapped to issuing TIE but under the “old” rules of Residencia until 31/12

Hi.

  Almeria are still processing applications that are presented by an Abogados, The paperwork is presented and if all is well you are given an appointment to attend to collect the green card.

Regards

Leon

... and yet they announce they will no longer be issuing the green card from July 6!!

I do wish they’d make their minds up!

Thanks Dario, yes we are still in the u.k. our abogodo has told us to wait, before we come out, as they are waiting to hear what the new TIE system requirements are from the Spanish government. Hopefully we will hear in the next few days.

Hi All

For whats it's worth this is the latest posting on the UK Gov website. Pretty vague I'm afraid but I will keep looking. Not much we dont already know ! I think the 'green card' thing could be confusing. My immediate thoughts were that perhaps the new TIE biometric card is GREEN. So maybe we have to distinguish between the 'old' paper card and, I presume, the new plastic biometric card. They could possibly both be green.

Plastic and Paper 🤣

If you are legally resident in Spain before the transition period ends on 31 December 2020, you will be able to stay. You must register as a Spanish resident if you want to stay in Spain for more than 3 months.

If you are living in Spain before 1 January 2021 and register as a resident after 6 July 2020, you will be issued with a biometric residence card called a Tarjeta de Identidad de Extranjero (TIE). This card will prove your rights under the Withdrawal Agreement.

If you registered as a resident before 6 July 2020, you will have a green A4 certificate or credit card-sized piece of paper from Extranjeria or the police. This is still a valid document and will prove your rights under the Withdrawal Agreement, including after the transition period ends. You can exchange your paper residence document for the new TIE but you do not need to.

The green paper residence certificate and the new biometric TIE card are equally valid in proving your residence status and rights in Spain.

Read the Spanish government’s guidance on how to apply for the new TIE (in Spanish). We expect further official information from the Spanish government in English, and will update this page when it is available.

If you move to Spain after 31 December 2020, different immigration requirements will apply. We will update this page when further information is available.

tn

Hi John. 

When you refer to being a resident in Spain. We obviously have a property in Spain . We have had it since 2017, however not got around to registering on the Padron. We intend to do this in September 2020 when we’re over . Are we regarded as being a “resident “ now ? Having a property and a NIE as well as a Spanish bank account?

Many thanks

Andy 

I've PMd you. The answer to your question is 'no'.

As John points out, the effective answer to your question is “no”.  You are property owners, and are on the Padrón which is awesome news in terms of getting your Residencia / TIE because you clearly meet the “before 31/12” criteria.

But to be considered “resident” you have to spend a minimum of 183 days a year in Spain - this of course requires Residencia, but by the sound of it you have that application underway, which is great news.

“Resident” is just as it sounds, it means your country of primary residence is Spain; this of course means you are no longer resident in UK as you cannot legally be a resident of two countries.  It also means HMRC will consider you tax resident in Spain meaning you will be obliged to pay tax in Spain on your worldwide income.

Once you have “Residencia” and are legally resident in Spain, you will also have to swap your licences for Spanish Carnet de Conducir.  You will be well advised to try and get this done before end of the transition period.  Whilst Extranjeria are giving a grace period to 30 June 2021 for everyone to get Residencia (as long as they arrive and are on Padrón before 31/12), to my understanding Tráfico are not extending the same grace period, and once transition ends, if you haven’t started the procedure to swap licences ..... you’ll be taking a Spanish test to regain your licence.

And if you have motorcycle, HGV, PTV etc, you’ll be taking Spanish tests for each and every one of those as well ... and the tests are not in English .... (this last paragraph isn’t really directed at you, but at anyone reading this vacillating over changing their licence!!)