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NIE card issue

Last activity 15 September 2023 by gwynj

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Sadaf sarwar

Hi everyone,


I am posting this for my partner. He has been living in Spain for the last 16 years. He went there on a Schengen visa. He is non European. Then he got the NIE number. However, 3 years ago he travelled to Belgium and stayed there for two years. One year ago he returned to Spain to renew the NIE card but he was unable to do it. I am sorry I am not fully aware of the procedure and terms that are used in Spain but I will try to explain the situation as best as I can. His previous employer in Spain provided him with residences and the authorised questioned him to explain where he was for two years. It is all a bit complicated. The employer told him that the best way to go about it would be to hide the fact that he ever went to Belgium. And the employer stated that my partner stayed at his residence for those two years and worked for him. However he still has not got his card yet. My partner has not contacted any other lawyer and he is just going by the advice of the employer but nothing has worked out. Sorry for the long post but I want to ask that since he has the NIE number which doesn't expire or can't be renewed, does he have a chance? Does he have any options? My belief is that his employer is taking advantage of him somehow because he is in a vulnerable situation. Please help me out here. Your advice would be so valuable. TIA

robsia

I have been living and working in Spain for some time and I think I can give you some ideas. First of all the NIE does not expire it is a number that follows the person for life. While the residence permit is something different and is issued for a X years, depending on the case, with an employment contract, for study, if you demonstrate that you have money to live on (bank deposits), etc.

Obviously we must also look at the country of origin because if it is true that non-EU citizens are treated in the same way, it is also true that if the origin is a Latin American country, there are other laws.

However, after 16 years of legal residence he/she would also have the right to apply for a citizenship. Surely saying he was in Belgium could create a residency break - but I understand your friend has an expired residency permit?

In the meantime, he could try to go and ask at the police station, they won't send you away, it's full of people without even a residence permit and he has a 16-year history. Then if it gets complicated, in my opinion it would be better for him to speak to an immigration lawyer who is not expensive in Spain. If he meets the requirements with a 16 year history he shouldn't have any problems,

Sadaf sarwar

Hi thank you so much for the reply. His country of origin is Pakistan. He moved to Belgium and stayed there for two years but decided on moving back to Spain. He should have been checking back in Spain to avoid losing the residency but due to health reasons and depression because of I'll health he was unable to do it. I know it might not be a valid reason for immigration but that does happen. Right now as I mentioned before that his employer is trying to show that he has been in Spain all along. My partner is under the impression that if he tells the authorities about Belgium then, he will lose a chance to renew his residency and will be deported back. In my opinion, it is not so easy to fool the authorities that you have not been away, as they can see everything online that when a person has left and come back to the country. Also they might have access to the information on his work history in Spain as well. He did get a criminal check from the country of origin to be sent to the Spanish consulate and medical as well but it has not processed from there. He had done this about 8 months ago. I am not in Spain and do not know the procedures there but I fear that he has been misguided and that it is a problem that can be easily solved as I have read it is a common mistake that the non EU foreigners make. Anyway sorry about the long post. Please advise any further if you can.

gwynj

@Sadaf sarwar

Your post is a little confusing.

The NIE is a number, not a visa or residence status. The TIE is a biometric ID (for non-EU citizens) card which is proof of your legal residence status, and your right to work.

After 5 years of legal residence (i.e. far less than 16) he would qualify for permanent residence. After 10 years, he'd potentially qualify for a passport. 5 years in the EU is a big deal as it qualifies you for permanent residence, and this is a more protected status that's harder to lose.

However, you mention Schengen visa, which is not a long-term residence status, and suggests perhaps that your friend merely overstayed his visa, and lived/worked illegally for 16 years. Which might be why he doesn't have a PR, or a Spanish passport. Or, perhaps, he was granted residence based on his employment... and obtained his TIE... and perhaps even renewed it for permanent residence.

If you can clarify it will be easier to advise. In particular, does he have a TIE? When issued, was it valid for 1, 2, 5 or 10 years? When did it expire? Is it for permanent residence?

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