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Moving to Spain post transition period. - Page 6

chrisso50

Posted: Tue Aug 4, 2020 2:38pm

chrisso50

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Posts: 1111

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Location: Roquetas de Mar

Joined: 23 Jul 2018

Posted: Tue Aug 4, 2020 2:38pm

beachbum50 wrote on Tue Aug 4, 2020 2:17pm:

Hey Mathew hope you are well. Im getting very confused here lol. Hope you can help with this. As an Irish citizen i will still be free to travel, live and work within the EU. My problem lies in the years ahead. Im hoping to move to Almeria within the next couple of years. Now heres my problem.......

....as i have lived and worked in the UK for most of my life...paying all my tax and NI contributions to the UK. Will i still be able to relocate to Spain as an Irish citizen even though my pension and healthcare would be paid by the British Gov. My heeeed is sore..lol. 

Tia. 

Davy..

As an Irish citizen you will be free to live, work and move within the EU at anytime and not subject to the constraints placed on U.K. citizens. As a UK  pensioner and taxpayer you will have the right to receive a U.K. pension in Spain once you reach pension age. BUT - if you move to Spain after this year, as you suggest, then the annual uprate of the pension won’t apply. And there would be no free healthcare.

Chris

chrisso50

Posted: Tue Aug 4, 2020 3:29pm

chrisso50

Super helpful member

Posts: 1111

1342 helpful points

Location: Roquetas de Mar

Joined: 23 Jul 2018

Posted: Tue Aug 4, 2020 3:29pm

DarioMartin wrote on Tue Aug 4, 2020 1:41pm:

Spent a good amount of time now trying to find on La Moncloa where it says what the time limit is - it’s buried under one of the other government departments.

I DID manage to find this though:

https://expatsmagazine.org/tie-spanish-residence-card/

Whilst it is in Expats Magazine, it is the text of the Joint instruction from the directorate-general of migration and the directorate-general of police laying down the procedure for issuing the residence document.

I cannot find reference now to 30th June 2021, although I had DEFINITELY seen it before in relation to Spain - and had seen it within last two months.

This joint instruction appears to say that application for residence must be made within 90 days of arrival - so if you only arrive December, you theoretically SHOULD have until February to make the application.

Hi Dario. I have posted the translation of the BOE decree of 4 July by Ann Hernandez here:
Translation of the Spanish Decree of 4 July [BOE 7276] relating to Residency/TIE applications
Although it makes no reference to June 2021 it does include the words you refer to above, and the 90 days limit of a stay by which time residency must be applied for. The latter is consistent with existing requirements. I do think the translated document is poorly drafted and repetitive. There must be a simpler explanation somewhere of the TIE application process and how it caters for existing residents and for new arrivals prior to 31 December, and for those arriving from the UK after the end of Transition.

Already a few lawyers, gestors and functionarios at Foreigners Offices across Spain are reported to be giving incorrect and differing advice to new applicants, obviously practice varies across the regions although here it is only the Oficina at Almeria that matters.

  • One said that existing green residency holders MUST replace it with a TIE by 31 December - we don't have to but for some of us it makes sense as it gives you a photo ID and avoids any confusion at passport control at Almeria airport.
  • Another said that the S1 is no longer valid because the UK has left the EU - the S1 will still be issued to anyone that is resident in Spain before 31 December and is (or becomes) a UK state pensioner. 
My experience of Spanish labyrinthine bureaucracy leads me to think 'Don't take any chances' and the less room there is for misunderstanding the better!  So last week I decided to exchange my own green residency for a TIE, not because I have to but because it will avoid any room for such misunderstanding at a future date when some youthful functionary might not even know of the 2019 Withdrawal Agreement and its ramifications for UK nationals that have green residency cards only.

Consequently, I would always suggest to anyone coming here: get here ASAP and preferably by 1st December AND get your padron right away AND see a reputable Gestor AND get that initial of (three!) appointments for TIE booked. Don't leave it until the 80th day after you arrive...

Chris
truenudist

Posted: Tue Aug 4, 2020 3:36pm

truenudist

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Posts: 199

322 helpful points

Location: Mojacar

Joined: 6 May 2020

Posted: Tue Aug 4, 2020 3:36pm

chrisso50 wrote on Tue Aug 4, 2020 3:29pm:

Hi Dario. I have posted the translation of the BOE decree of 4 July by Ann Hernandez here:
Read more...

...-to-residencytie-applications-110659/" target="_blank">Translation of the Spanish Decree of 4 July [BOE 7276] relating to Residency/TIE applications
Although it makes no reference to June 2021 it does include the words you refer to above, and the 90 days limit of a stay by which time residency must be applied for. The latter is consistent with existing requirements. I do think the translated document is poorly drafted and repetitive. There must be a simpler explanation somewhere of the TIE application process and how it caters for existing residents and for new arrivals prior to 31 December, and for those arriving from the UK after the end of Transition.

Already a few lawyers, gestors and functionarios at Foreigners Offices across Spain are reported to be giving incorrect and differing advice to new applicants, obviously practice varies across the regions although here it is only the Oficina at Almeria that matters.

One said that existing green residency holders MUST replace it with a TIE by 31 December - we don't have to but for some of us it makes sense as it gives you a photo ID and avoids any confusion at passport control at Almeria airport.Another said that the S1 is no longer valid because the UK has left the EU - the S1 will still be issued to anyone that is resident in Spain before 31 December and is (or becomes) a UK state pensioner. My experience of Spanish labyrinthine bureaucracy leads me to think 'Don't take any chances' and the less room there is for misunderstanding the better!  So last week I decided to exchange my own green residency for a TIE, not because I have to but because it will avoid any room for such misunderstanding at a future date when some youthful functionary might not even know of the 2019 Withdrawal Agreement and its ramifications for UK nationals that have green residency cards only.

Consequently, I would always suggest to anyone coming here: get here ASAP and preferably by 1st December AND get your padron right away AND see a reputable Gestor AND get that initial of (three!) appointments for TIE booked. Don't leave it until the 80th day after you arrive...

Chris

Hi Chris

As one who has exchanged his green card for a TIE could you detail the procedure please.

TN

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L181SKY

Posted: Tue Aug 4, 2020 4:24pm

L181SKY

Very helpful member

Posts: 999

690 helpful points

Location: Mojacar

Joined: 24 Jan 2017

Posted: Tue Aug 4, 2020 4:24pm

chrisso50 wrote on Tue Aug 4, 2020 3:29pm:

Hi Dario. I have posted the translation of the BOE decree of 4 July by Ann Hernandez here:
Read more...

...-to-residencytie-applications-110659/" target="_blank">Translation of the Spanish Decree of 4 July [BOE 7276] relating to Residency/TIE applications
Although it makes no reference to June 2021 it does include the words you refer to above, and the 90 days limit of a stay by which time residency must be applied for. The latter is consistent with existing requirements. I do think the translated document is poorly drafted and repetitive. There must be a simpler explanation somewhere of the TIE application process and how it caters for existing residents and for new arrivals prior to 31 December, and for those arriving from the UK after the end of Transition.

Already a few lawyers, gestors and functionarios at Foreigners Offices across Spain are reported to be giving incorrect and differing advice to new applicants, obviously practice varies across the regions although here it is only the Oficina at Almeria that matters.

One said that existing green residency holders MUST replace it with a TIE by 31 December - we don't have to but for some of us it makes sense as it gives you a photo ID and avoids any confusion at passport control at Almeria airport.Another said that the S1 is no longer valid because the UK has left the EU - the S1 will still be issued to anyone that is resident in Spain before 31 December and is (or becomes) a UK state pensioner. My experience of Spanish labyrinthine bureaucracy leads me to think 'Don't take any chances' and the less room there is for misunderstanding the better!  So last week I decided to exchange my own green residency for a TIE, not because I have to but because it will avoid any room for such misunderstanding at a future date when some youthful functionary might not even know of the 2019 Withdrawal Agreement and its ramifications for UK nationals that have green residency cards only.

Consequently, I would always suggest to anyone coming here: get here ASAP and preferably by 1st December AND get your padron right away AND see a reputable Gestor AND get that initial of (three!) appointments for TIE booked. Don't leave it until the 80th day after you arrive...

Chris

So. If someone gets to Spain by say 1st December and begins the residencia process will that still be ok as in covered bu the WA ?  

chrisso50

Posted: Tue Aug 4, 2020 4:38pm

chrisso50

Super helpful member

Posts: 1111

1342 helpful points

Location: Roquetas de Mar

Joined: 23 Jul 2018

Posted: Tue Aug 4, 2020 4:38pm

truenudist wrote on Tue Aug 4, 2020 3:36pm:

Hi Chris

As one who has exchanged his green card for a TIE could you detail the procedure please.

TN

I have just posted this for info under 'Residency' on the Forum so hope this helps:

Exchanging your green residency (A4 or credit-card sized), for a TIE (Target Identificacion Extranjeros)


Adapted from advice supplied by Anne Hernandez of Brexpats in Spain...


We all know or at least I hope we all do, that if we already have a green residency (A4 or credit-card sized), exchanging it for a TIE is optional because it guarantees our rights as beneficiaries of the WA. You do not have to exchange it for a TIE card.  However, despite realising that it could not process the exchange of some 367,000 British residents, it would seem that the Spanish authorities anticipated a rush from us to exchange our TIEs and dedicated TIE staff are apparently sitting at their desks with their arms folded! 

So, any of you who are thinking of exchanging your green residency for a TIE sooner rather than later or never, you can do so now. I am cautiously writing this because I can foresee the queues and, as we all know August might as well be deleted from the calendar in Spain because many public services work on skeleton staff, by the time that September comes there will be a backlog and appointments will likely clash then with those new first time applicants who, unlike us, only have until 31 December to apply.

So what do you need to do?

1. Make an appointment online or by digital signature at the Oficina de Extranjeros in Almeria City.

2. Get a current (within last 3 months) Padrón if possible, from your Town Hall. Some functionarios are asking for it, others are not. So to be on the safe side, take your original and a copy. It will be required if you have changed address from the address on your green residency. Be advised that Town Halls are operating only by appointnment and there could be a delay at yours if you need to update your padrón. 

3. Complete the application EX23, print it and make a copy.

4. Complete the Modelo 790-12, print it (4 pages) and pay it at a bank before the appointment (€12). Attach the receipt.

5. Take your original passport - and a photocopy of your passport photo pages.

6. Take a passport-sized colour photograph (32 x 26mm)

7.Take your original green residency and a copy (both sides)

At the appointment the documentation will be taken as will your fingerprints. You will then be given an appointment to return within about five weeks to collect the TIE card. Your green residency certificate will be handed back to you.

At the Oficina de Extranjeros in Almeria City:

You need to arrive 30-45 mins early for your appointment as there is a queue of others with masks and social distanced outside at the front. Masks have to be worn throughout your appointment and it's advisable to wear a standard blue one - someone with a cloth one was turned away. 

A security guard allows one/a couple in whenever anyone exits the building. Inside the entrance you go through metal detection screening, as with airport security. Then there is a machine nearby, key in your NIE and then take the number slip, go and sit in the social spaced waiting room - not as packed as it used to be! 

After a few minutes your number comes up on the screen with the desk allocated. If there are two of you, your appointments will be consecutive and you cannot sit together at the desk. The functionario is behind a screen and you really don't have to say anything, he she will look at and sort the papers you supply. You may be asked to briefly remove your mask for ID purposes. They will ask you to press each of your index fingers onto a pad-gizmo, and will then indicate to roll it from side to side until the machine gives a satisfactory result, this may take several goes! And then you are given a return paper giving the date you should return to collect the printed TIE.

Don't forget to bring your passport and green card with you when you collect your TIE.

Good Luck!


chrisso50

Posted: Tue Aug 4, 2020 4:43pm

chrisso50

Super helpful member

Posts: 1111

1342 helpful points

Location: Roquetas de Mar

Joined: 23 Jul 2018

Posted: Tue Aug 4, 2020 4:43pm

L181SKY wrote on Tue Aug 4, 2020 4:24pm:

So. If someone gets to Spain by say 1st December and begins the residencia process will that still be ok as in covered bu the WA ?  

Yes, that will be no problem. Where will you be aiming to live? Depending on where you are it may be possible to suggest in a private email a suitable Gestor that could assist you. Make sure you bring as much documentation as possible with you to Spain - birth/marriage certificates, bank statements, P60s, etc.

The only advice I can give is to get here asap and get registered on the Padrón at your local town hall immediately on arrival. If you don't manage to obtain your TIE by 31st December, or at least get your application in before then, you will need to prove what date you arrived here and that may not be quite so easy. At the moment Foreigners Offices are turning round the first approval stage quite quickly but I suspect that won't be the case as we progress further towards the end of the year. Just having a foot on the soil does not constitute 'legal residency'.

Chris

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