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Do I have to update my residencia?

Do I have to update my residencia?

Old Nov 29th 2020, 9:04 pm
  #1  
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Default Do I have to update my residencia?

Been living here for years now
Had residency photo id card (long since expired) then changed to blue/green residency card without photo (no expiry date) and been using this combo for years.
Do I have to get a new residencia card or is my current setup acceptable?

Cheers,
Bill
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Old Nov 29th 2020, 9:20 pm
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Default Re: Do I have to update my residencia?

The official line is (from the national police in malaga) that yes, you should, and will now be issued with a TIE card - which looks very similar to a spanish residencia card.

The new office *may* try to make you prove your status, and/or ask you to start from 0 with your application, as if you were new in spain.

My manager lost his wallet / left it in a customers car... and applied for his TIE as a replacement for his old residencia form, and had it within a couple of weeks / two visits to malaga.


As for the orgional question, no, you dont "HAVE" to. its not compulsary. yet.
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Old Nov 29th 2020, 9:57 pm
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Default Re: Do I have to update my residencia?

You categorically do not need to do anything as has been confirmed and reiterated by the UK embasy and in official documents.
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Old Nov 30th 2020, 1:35 am
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Default Re: Do I have to update my residencia?

I agree with Chipmonk. Some people may advise you to change but in no way is it mandatory - entirely optional.

As has been clearly stated many times already on this forum in other threads.
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Old Dec 5th 2020, 12:13 pm
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Default Re: Do I have to update my residencia?

It's optional, but the Brexit FAQ PDF says this:

What are the advantages of applying for this residency document?

Following the European model of European documentation, the residence document takes the form of a physical card, which is more durable than the registration certificate which is a simple sheet of paper. In addition, the card explicitly mentions that your status as beneficiary of the Withdrawal Agreement. This fact will certainly facilitate the recognition of the rights deriving from the Withdrawal Agreement, and therefore both administrative formalities and border crossing will be easier.
Border crossing may refer to proving you're a resident when you get to Spain and are not under the Schengen 90/180-day rule, and ETIAS when it's brought in in 2022.
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Old Dec 5th 2020, 7:51 pm
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Default Re: Do I have to update my residencia?

I agree DLC and I have my TIE albeit with incorrect wording (will exchange next year) but for those who are confused/do not travel/reluctant to go out at the moment/have not got the money to pay a gestor/cannot understand the exchange process it is important that they know it is optional so they do not worry.
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Old Dec 11th 2020, 1:34 am
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Default Re: Do I have to update my residencia?

Or at least not just yet.

https://ec.europa.eu/info/brexit/bre...ights_en#spain
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Old Dec 11th 2020, 3:33 am
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Default Re: Do I have to update my residencia?

Originally Posted by Notdunroamin
That page is out of date as it refers to consequences if the UK didn't reach a "Withdrawal agreement"

It states that in the bold writing at the head of the main page.

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Old Dec 11th 2020, 3:41 am
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Default Re: Do I have to update my residencia?

Good post-Steve

If anyone is still in doubt

https://www.gov.uk/guidance/living-i...awal-agreement
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Old Dec 11th 2020, 7:34 am
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Default Re: Do I have to update my residencia?

Nothing in that link disproves what I say!

The bottom line is that it's the TIE which demonstrates that you are a beneficiary of the WA and the rights it bestows. A green residencia is proof of legal residence in Spain, nothing else.

I'm not going to list the WA benefits you'll have to read it for yourselves and see what it contains but I'll mention one thing, the right to an S1 when you reach pensionable age.

The ongoing entitlement to that is written into the terms of the WA and you could well ask why they would feel the need to make a specific point of that if it existed for, and would continue to exist for, residencia holders. A logical deduction from that is if not registered as a recipient of the WA (TIE holder) then you could well find that you will have no right to an S1 one when the day comes.

So while it's true that there is no obligation to exchange a residencia for a TIE failure to do so within the so called 21 month "grace period" could have unforeseen repercussions.
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Old Dec 11th 2020, 8:40 pm
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Default Re: Do I have to update my residencia?

Originally Posted by Notdunroamin
Nothing in that link disproves what I say!

So while it's true that there is no obligation to exchange a residencia for a TIE failure to do so within the so called 21 month "grace period" could have unforeseen repercussions.
The link quotes at the beginning in bold that it has been superceded. Unless you know for certain and can evidence this 21 month grace period with a current relevant link I don't see the point of posting an out of date link. The British Embassy have not mentioned any time limit?
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Old Dec 11th 2020, 9:35 pm
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Default Re: Do I have to update my residencia?

Originally Posted by bobd22
The link quotes at the beginning in bold that it has been superceded. Unless you know for certain and can evidence this 21 month grace period with a current relevant link I don't see the point of posting an out of date link. The British Embassy have not mentioned any time limit?
I agree. Like many I have been very observant of all the bulletins and this link is no longer up to date and therefore cannot reflect the current conditions which are there is no specific time limit
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Old Dec 11th 2020, 11:05 pm
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Default Re: Do I have to update my residencia?

The problem is with the link that was posted. Clicking on it takes you to the section relating to Spain. The warning is a very long way back to the top of the bulletin and it is unlikely that the average reader would bother to look at the top as the relevant information was being shown.
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Old Dec 11th 2020, 11:28 pm
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Default Re: Do I have to update my residencia?

RESIDENCE

UK NATIONALS AND THEIR FAMILY MEMBERS RESIDENT IN SPAIN AS BENEFICIARIES OF THE WITHDRAWAL AGREEMENT

The Withdrawal Agreement establishes a transition period from the withdrawal date to 31 December 2020.

All UK nationals and their family members who are third-country nationals resident in Spain before the end of the transition period will maintain in perpetuity their rights arising from the application of EU Law (except for the right to vote in or stand for elections to the European Parliament and the exercise of the EU Citizen's Initiative).

The Withdrawal Agreement offers two possibilities for dealing with the documentation process: (1) Establish a procedure by which the above residents and their family members must apply for a new residence permit in the host nation (Article 18.1); (2) Not initiate this procedure and issue a residence document that expressly identifies citizens as beneficiaries of the Agreement (Article 18.4).

Spain has opted for the second option, by which on 4 July an Instruction was published, signed jointly by the Ministry of Inclusion, Social Security and Migration (through the Directorate-General for Migration) and the Ministry of Home Affairs (through the Directorate-General for the Police). The Instruction is also available in English.

This new procedure has been in operation since 6 July 2020. It distinguishes between those who already had an EU citizen's registration certificate or family card and those who did not have them for a variety of reasons.

It is not mandatory to apply for the new residence document, but it is important to remember that you must have a registration certificate (or family card of a Union citizen, in the case of family members) that documents your situation.

The registration certificates and residence cards for family members of EU citizens will therefore certify their legal residence in Spain in the future, allowing them to benefit from the provisions of the Withdrawal Agreement. However, obtaining this residence document, which complies with a model established at a European level and which expressly mentions the holder's status as beneficiary of the Withdrawal Agreement, is very useful, as it is a physical card that includes biometric elements that will allow many administrative procedures to be carried out, including crossing foreign borders within the European Union.

https://www.lamoncloa.gob.es/lang/en...residence.aspx

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Old Dec 16th 2020, 11:44 pm
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Default Re: Do I have to update my residencia?

Need of proof of residency at the border -

Passports and travel

You should carry your residence document (the green paper EU residence certificate or the new TIE), as well as your valid passport when you travel. If you have applied but not yet received your document, carry proof you have started the registration process.

If you have not yet applied for a residence document, you should carry evidence that demonstrates you are resident in Spain. This could include a tenancy agreement or a utility bill in your name, dating from 2020.

If you cannot show that you are resident in Spain, you may be asked additional questions at the border to enter the Schengen area, and your passport may be stamped. This will not affect your rights in Spain.

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

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