Getting TIE now

2POSTS

last year

Hi,

I wonder if anyone can advise....

Im British, but have lived in Spain since 1991. I have a NIE number, but my residency card ran out years ago (I never really thought about it and was never asked for it, just asked to quote my number). The residency card I have was the one issued before the green card (a red one).

Anyway, Ive since been trying to get my TIE (to be honest, having lived here for so long AND havingbeen wrongly advised by 2 police officers here on 2 separate occasions not to bother, I never thought too much about it until summer, 2023 going to uk at the ferry when French police stopped me saying my papers werent in order!)

I applied this summer and got tutned down, after being asked for certificate to prove I was in Spanish public or private health system before 2021. I have a public health card, but they wanted a non-existent certificate.

So, Ive since contracted a lawyer. Weve appealed and added: my vida laboral, my and my family s padron historico, a declaration that my partner and I are unofficially pareja de hecho since 1991from notaria, mortgage payments (since 2003), libro de familia (for our son).

My question is: is it a foregone conclusion they will now give me a TIE.? Is it my right? Im on social security ststem, though havent worked on contract since 2020, my 30-plus year partner had full time job for 20 years until november, 2023, when he was made redundant, and is now on the paro. We have a 27-year-old son together (both have the TIE, because my partner s company insisted when everyone else didnt know if it was going to be essential, and my son because he was studying in uk in pandemic and we thought it safer he had it to come home if need be).

As I have lived here since 1991 (proved by padron historico and vida laboral) AND my partner has all docs in order, can I assume I will be given TIE, despite not having had the green residency card (my fault for not changing it from old red one when it ran out)?

Thank you.

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gwynj Bulgaria Expert

2596POSTS

last year

@sgunning

I don't think it's a "foregone conclusion" that you'll get your TIE. You might, or you might not, it depends on the basis of your appeal, and the quality of the submission.

However, I agree that you should try as you seem to have lots of evidence that you have been living in Spain for many years, and have a partner and child there. Indeed, one could argue that you should have had a TIE as a Permanent Resident by now (as your partner almost certainly has). Overall, I'd be very hopeful.

In theory, Brits living in Spain BEFORE Brexit have residence rights under the Withdrawal Agreement. The problem is that it can be a bit of grey area, especially if you're trying to formalize it so many years afterwards. The other issue is that they have been quite insistent on proof of health insurance during the period in Spain. Ideally, private health policies, but proof of public Spanish cover (not UK) as a result of your social security contributions in Spain should also be acceptable. (I'm not sure that it's a legitimate requirement under the WA, so this might be one basis for the appeal.) Another positive is that, officially, the EU Citizen Registration Certificate (if that's what you had) does not expire, even if it has an expiry date on it!

In any case, you also have an alternative option which is to apply for Family Reunification (as the partner) of a legal Spanish resident. Having a child in Spain is a plus, but I don't think adult children can do Family Reunification for a parent.

The complication for this is that Spain is a bit picky about your partnership status. Being married is easy. Being FORMALLY Pareja de Hecho is next best. Simply being cohabiting partners is the most tricky, even though this option is formally allowed under EU Directives (cohabiting couples in a "durable" relationship of more than 2 years). However, it is (or was) possible (we did it). I am not 100% sure, but I believe that having a child together is normally accepted as proof that you are, in fact, in a relationship. :-) (The proof is a legalized birth certificate for your child, showing the names of both parents, which match your passport and that of your partner.)

Good luck!

sgunning Member

2POSTS

last year

Thanks a lot for this reply. The lawyer has sent the appeal and he said we have all the evidence.... It simply depends on who reads it. I certainly hooe they will say yes, as I have only 1 home.... This 1 in Spain!

Thanks again.