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UK passport holder, but Resident in Spain with T.I.E card Qs
UK passport holder, but Resident in Spain with T.I.E card Qs
by tel49 » Mon Jan 23, 2023 1:10 pm
As a UK passport holder now after the Brexit change from an EU passport, but living as a Resident in Spain with a T.I.E. card, am I restricted to the 90 day rule if entering other EU countries now for a long break?
I heard from reasonably good sources, I am not. I thought it did apply.
But also I read whether the answer is yes or no, that you then have to return to Spain where you reside.
Can I also move on to more than one EU country within or outside of the 90 day law?
Am I correct in thinking if you are outside of Spain for a year, you no longer have Spanish residency as it would be void?
Apologies in advance for your time
I heard from reasonably good sources, I am not. I thought it did apply.
But also I read whether the answer is yes or no, that you then have to return to Spain where you reside.
Can I also move on to more than one EU country within or outside of the 90 day law?
Am I correct in thinking if you are outside of Spain for a year, you no longer have Spanish residency as it would be void?
Apologies in advance for your time
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Re: UK passport holder, but Resident in Spain with T.I.E car
by marcliff » Mon Jan 23, 2023 1:16 pm
There is no 90 days in 180 rule for EU residents. You can enter another EU country and, like all the rules state, can stay in that country for up to 90 days before registering your stay.
You can then go to another EU country for 90 days if you so wish.
If you come back to Spain, you can then go back to the same country for up to another 90 days.
The 90 in 180 rule is for non EU residents who travel visa free in the Schengen area. It does not apply to either residents or citizens of an EU country.
As your passport is not stamped either on entering or leaving and, indeed, you can travel with your TIE in Schengen if you so wish, there is no way it could be recorded. Last time we went to France we just drove straight in and back out a week later with no checks whatsoever.
We do, however, carry our passports with us in case someone on the border doesn't know the rules.
The only restriction would be on the type of TIE whether it is temporary (being resident under 5 years) or permanent (over 5 years). If temporary then you can only leave Spain for a maximum of 6 months in any one year or a maximum of 1 years in your first 5 years in total.
You can then go to another EU country for 90 days if you so wish.
If you come back to Spain, you can then go back to the same country for up to another 90 days.
The 90 in 180 rule is for non EU residents who travel visa free in the Schengen area. It does not apply to either residents or citizens of an EU country.
As your passport is not stamped either on entering or leaving and, indeed, you can travel with your TIE in Schengen if you so wish, there is no way it could be recorded. Last time we went to France we just drove straight in and back out a week later with no checks whatsoever.
We do, however, carry our passports with us in case someone on the border doesn't know the rules.
The only restriction would be on the type of TIE whether it is temporary (being resident under 5 years) or permanent (over 5 years). If temporary then you can only leave Spain for a maximum of 6 months in any one year or a maximum of 1 years in your first 5 years in total.
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Re: UK passport holder, but Resident in Spain with T.I.E car
by tel49 » Mon Jan 23, 2023 1:32 pm
Hi Marcliff, Thank you very much for a great reply.
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Re: UK passport holder, but Resident in Spain with T.I.E car
by Barty40 » Tue Jan 24, 2023 7:54 am
Always very helpful Marcliff well done.
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Re: UK passport holder, but Resident in Spain with T.I.E car
by Ross Kemp » Tue Jan 24, 2023 9:41 am
When one has lived in Spain for more than 5 years. Do they have to apply for a permanent resident card. Or is a letter sent to them.
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Re: UK passport holder, but Resident in Spain with T.I.E car
by Darro » Tue Jan 24, 2023 10:33 am
Not sure what you mean by that, you could become resident with either and arguably more easily with an EU passport.tel49 wrote:As a UK passport holder now after the Brexit change from an EU passport
Although technically Spain does not permit dual nationality it only comes into play if you take up Spanish citizenship.
Re applying for a permanent TIE: technically there is no need as after 5 years you are automatically deemed a permanent resident and don't need a card to prove it.
That being said the advantages of having a permanent card will always outweigh any and all arguments against!
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Re: UK passport holder, but Resident in Spain with T.I.E car
by Adey » Tue Jan 24, 2023 10:37 am
marcliff wrote:indeed, you can travel with your TIE in Schengen if you so wish, there is no way it could be recorded.
I was under the impression that if you carried your TIE, then there was no requirement to also carry your passport with you in Spain, but according to the Policia National website that is not correct.
https://www.policia.es/_es/extranjeria_extranjeros.php
The Foreigner's Card is the unique and exclusive document intended to provide documentation to foreigners in a situation of legal permanence in Spain, for which purpose the recipients of the same must complete the procedures established for its delivery.
The art. 13.1 of LO 4/2015 on the Protection of Citizen Security, establishes that foreigners who are in Spanish territory have the right and obligation to keep and carry with them the documentation that proves their identity issued by the competent authorities of the country of origin. or of origin, as well as the one that accredits their regular situation in Spain.
According to the previous precepts, the foreigner must prove his identity through the documentation provided by his country, not through the TIE, which proves his administrative situation (not his identity).
TIE holders are obliged to carry said document with them, as well as to show it when required by the Authority or its agents without prejudice to proving their identity through their valid passport or similar document.
Said Card accredits the legal permanence of foreigners in Spain, and that the authorization or recognized right to remain in Spanish territory for a period of more than six months has been granted, in accordance with current regulations.
The Foreigner's Card is personal and non-transferable, and the holder is responsible for custody and preservation of the document.
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Re: UK passport holder, but Resident in Spain with T.I.E car
by tel49 » Tue Jan 24, 2023 3:20 pm
Many thanks for your replies forum members, great job.
If you have a 5year TIE but have resided in Spain longer with a NIE I believe you cannot change it for a 10year TIE until the 5year TIE expires. Probably 2025 as I believe TIEs came in 2020.
If you have a 5year TIE but have resided in Spain longer with a NIE I believe you cannot change it for a 10year TIE until the 5year TIE expires. Probably 2025 as I believe TIEs came in 2020.
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Re: UK passport holder, but Resident in Spain with T.I.E car
by jpeg » Tue Jan 24, 2023 3:26 pm
If you are a Spanish Citizen your Identity card is all you need to travel in the Shengan area
The TIE is issued to non Spanish citizens
The TIE is issued to non Spanish citizens
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Re: UK passport holder, but Resident in Spain with T.I.E car
by marcliff » Tue Jan 24, 2023 3:32 pm
tel49 wrote:Many thanks for your replies forum members, great job.
If you have a 5year TIE but have resided in Spain longer with a NIE I believe you cannot change it for a 10year TIE until the 5year TIE expires. Probably 2025 as I believe TIEs came in 2020.
Not quite. TIEs were issued as from the date you first took out residency with the old EU registration card. So if you were on the registration of EU foreigners residing in Spain (the old green card) the five years started from the date of issue of that. For example, green card issued in 2018 then the five years would be up in 2023.
There was a slight hiccup at the beginning where TIE were issued from the date of application but the Spanish authorities admitted to that mistake and have altered the system so it will go from the date of the green card issue.
NIE were never accepted as residency, just the green card and now TIE.
Always best to change the temporary (5 year TIE) to a permanent (over 5 years) as it states permanent on the card though, unlike UK, it is not necessary to reapply.
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