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British expat denied return to Spain

British expat denied return to Spain

Old Jan 4th 2021, 6:56 am
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Default British expats denied return to Spain by BA/Iberia

Tearful British expat 'stopped from returning to Spain'

https://news.sky.com/video/share-12178622

https://news.sky.com/story/british-e...rexit-12178554


“Spain has been rolling out a new system called TIE to register permanent foreign residents. But there has been a backlog due to a high number of requests.The Spanish ministry of foreign affairs said both proofs of application for the TIE and the "green certificate" for EU citizens were still valid for British residents to travel under new health restrictions in place until 19 January.

The British embassy in Spain said the confusion "should not be happening".

"The Spanish authorities have today re-confirmed that the green residency document will be accepted for travel to return to Spain, as stated in our travel advice," it said”

Last edited by breakfasttea; Jan 4th 2021 at 7:11 am.
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Old Jan 4th 2021, 7:08 am
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Default Re: British expat denied return to Spain

Daily Telegraph

Brexit row blocks expat flights to European Union

Britons living in EU countries have been barred from flying home after Christmas in a post-Brexit residency row. Those returning to Spain and Italy were barred from getting on to flights after being told that their pre-Brexit "green cards" were not valid for entry. Home Affairs Editor Charles Hymas explains that the problems began when border officials at airports refused to recognise the documents - despite Spanish and Italian governments saying they should be treated as valid for entry.
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Old Jan 4th 2021, 7:35 am
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Default Re: British expat denied return to Spain

Question to you folks! I was issued my NIE back in April 2019, can I exchange this for a TIE? Or must I apply after 5 years when I’m eligible for residencia permanencia?

I ask this as even though I work remotely, I do return to the U.K for work purposes, infrequently but I do. I am a registered as Autónomo and paying all taxes here in Spain. I was told for all rights and purposes I am a fiscal resident, however this only applies internally to Spain rather than a “border pass” back to Spain.

Whilst I am caring and shielding my wife who was undergoing cancer treatment here in Spain, I don’t foresee the need to have to return, however for peace of mind, and TIE in hand, no worries about being trapped in the U.K.

Last edited by breakfasttea; Jan 4th 2021 at 7:41 am.
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Old Jan 4th 2021, 8:02 am
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Default Re: British expat denied return to Spain

https://www.gov.uk/guidance/living-i...-and-residency

Yes, you can exchange your green residencia for a TIE now if you want to and I would suggest it is a good idea.
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Old Jan 4th 2021, 8:37 am
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Default Re: British expat denied return to Spain

You can exchange it now or when you change to permanent. Either way you would need to change to permanent TIE at the five year point as the five years starts ticking from when you got your green temporary residence card.

Last edited by bobd22; Jan 4th 2021 at 8:48 am.
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Old Jan 4th 2021, 8:56 am
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Default Re: British expat denied return to Spain

From other sources it would seem that the refusing to accept Green residencia cards varied by regional airports in Spain. Also many (but not all) didn't have original card or A4 sheet but photo copies, the original is and as far as I know has always been required. Also and I don't know how true this is but many laminate their green cards which I have been told one shouldn't do as it can invalidate the card? To be safe I keep mine in a plastic holder rather than laminate it. Certainly the Spanish Government must ensure that border control staff police or whoever are fully aware of what is and isn't acceptable.
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Old Jan 4th 2021, 9:20 am
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Default Re: British expat denied return to Spain

Originally Posted by breakfasttea View Post
Question to you folks! I was issued my NIE back in April 2019, can I exchange this for a TIE? Or must I apply after 5 years when I’m eligible for residencia permanencia?

I ask this as even though I work remotely, I do return to the U.K for work purposes, infrequently but I do. I am a registered as Autónomo and paying all taxes here in Spain. I was told for all rights and purposes I am a fiscal resident, however this only applies internally to Spain rather than a “border pass” back to Spain.

Whilst I am caring and shielding my wife who was undergoing cancer treatment here in Spain, I don’t foresee the need to have to return, however for peace of mind, and TIE in hand, no worries about being trapped in the U.K.
If you only have an NIE - then NO

If you have the green 'residency' card - then yes
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Old Jan 4th 2021, 9:22 am
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Default Re: British expat denied return to Spain

Originally Posted by bobd22 View Post
You can exchange it now or when you change to permanent. Either way you would need to change to permanent TIE at the five year point as the five years starts ticking from when you got your green temporary residence card.
Are you sure? I was told that the clock started ticking again when you exchanged from a temporary green residency card
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Old Jan 4th 2021, 9:49 am
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Default Re: British expat denied return to Spain

Originally Posted by snikpoh View Post
Are you sure? I was told that the clock started ticking again when you exchanged from a temporary green residency card
I am not certain but seem to remember reading that was the case. It is the reason I have retained my green card and will exchange to permanent TIE at point of having 5 years residency.
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Old Jan 4th 2021, 10:09 am
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Default Re: British expat denied return to Spain

Snikpoh I have just read through the information on the CAB site and you are probably correct. It says on there that green temp card will be exchanged for temp TIE with 5 year validity after expiry will be re issued a TIE marked permanent. There is then information re those with Temp green card but have been resident for over 5 years, it is identical procedure outlined as exchanging temp card for temp TIE but it says you will be issued a permanent TIE. In that case for myself better to change to TIE at 5 year point in 20 months time and get permanent TIE than have to start my 5 years temporary residence from scratch. That's my reading of it. Well spotted and sorry for any confusion.
https://www.citizensadvice.org.es/th...d-application/
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Old Jan 4th 2021, 10:30 am
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Default Re: British expat denied return to Spain

Interesting how people are still getting confused about 5y TIE card and spreading confusion.
New card must be valid for at least 5y, its EU wide decision for WA residency cards.
So it doesnt mean you loose previous years of residency, it's just card validity, which can't be less then 5y.
However, you must keep copy of green cert and tax returns, if in future you get asked for proofs.
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Old Jan 4th 2021, 12:57 pm
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Default Re: British expat denied return to Spain

Originally Posted by EU.flag View Post
Interesting how people are still getting confused about 5y TIE card and spreading confusion.
New card must be valid for at least 5y, its EU wide decision for WA residency cards.
So it doesnt mean you loose previous years of residency
That was my original view and does make sense, as you have been resident from the date of issue of green card. Proving it may not be that easy given they take the green card off you when applying for the TIE. As you say good idea to copy it but then they can say it's just a copy not original etc. Unless told I have to do otherwise I will simply retain my green card and exchange it at the 5 year point.
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Old Jan 4th 2021, 3:34 pm
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Default Re: British expat denied return to Spain

Originally Posted by bobd22 View Post
Proving it may not be that easy given they take the green card off you when applying for the TIE.
I had to hand in my green certificate when collecting the TIE at the second appointment, which makes sense. If they take it off anyone at their first appointment then they're doing it wrong.

Last edited by DLC; Jan 4th 2021 at 3:39 pm.
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Old Jan 4th 2021, 3:47 pm
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Default Re: British expat denied return to Spain

Spain has announced it will accept a resguardo for a TIE as proof of residency at the border between the 4th and 10th of January. Presumably this is aimed at 2020 residents who don't have a green certificate/card.

How Britons can prove they are resident in Spain when entering the country

In the same article in the last paragraph we finally see that the British government has stopped advising that random stuff like utility bills and property deeds can be used as proof of residency at the border, which is an improvement.

Last edited by DLC; Jan 4th 2021 at 3:53 pm.
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Old Jan 4th 2021, 3:55 pm
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Default Re: British expat denied return to Spain

Originally Posted by DLC View Post
I had to hand in my green certificate when collecting the TIE at the second appointment, which makes sense. If they take it off anyone at their first appointment then they're doing it wrong.
That may well be so but as always telling a Spanish official they are doing wrong doesn't tend to end well. I have certainly read elsewhere that people have had to hand their green cards in at the fingerprinting appointment. Either way unless things change I will stick with the green card and at 5 year point exchange it for permenant TIE.
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