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Just had my residency turned down

Just had my residency turned down

Old Feb 14th 2021, 8:58 pm
  #76  
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Default Re: Just had my residency turned down

Originally Posted by Rita1
Update, message from friend this morning.
He contacted his union for advice last week and they told him to call their migrations team. He expected them to confirm that the TIE is not necessary, but they did NOT. The person he spoke to told him he MUST apply for the TIE because that's what the law says.

This may be what the law says only for those who want to work, I don't know, but under the circumstances I would strongly recommend to ANYONE who still hasn't done this to do it asap, just in case you run into problems at some point in the future.
It's only 12€ (I think) and worth it for peace of mind.

Well as I said before I really dont see what a TIE has to do with your job as the only identifying number is your NIE. Your residency is obviously stored by the migration service. When you receive a job contract it is the duty of the employer to submit that to SS who then confirm by SMS if contract is active or not. No card is submitted by anyone. Not sure how your friend is a member of a union if he is not permitted to legally work but hey, if that what he has been told then he can just get a TIE.
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Old Feb 14th 2021, 11:24 pm
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Default Re: Just had my residency turned down

Originally Posted by Chipmonk
Well as I said before I really dont see what a TIE has to do with your job as the only identifying number is your NIE. Your residency is obviously stored by the migration service. When you receive a job contract it is the duty of the employer to submit that to SS who then confirm by SMS if contract is active or not. No card is submitted by anyone. Not sure how your friend is a member of a union if he is not permitted to legally work but hey, if that what he has been told then he can just get a TIE.
Well then it's a pity that you're not the person dealing with this at the TGSS, because it does seem to matter to them

He's been a member of the union for a while, as far as I know, for several years at least.

The NIE, must show to the TGSS people whether or not that person has yet applied for or had issued the TIE and that seems to matter, whatever people have been told.

He still has the same issue with applying for the TIE which is a loooong delay in getting registered on the padron, as the TIE requires this in cases where the applicant no longer lives in the place where the green card was issued.

Patience seems to be the only way.
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Old Feb 14th 2021, 11:28 pm
  #78  
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Default Re: Just had my residency turned down

Originally Posted by Rita1
Well then it's a pity that you're not the person dealing with this at the TGSS, because it does seem to matter to them

He's been a member of the union for a while, as far as I know, for several years at least.

The NIE, must show to the TGSS people whether or not that person has yet applied for or had issued the TIE and that seems to matter, whatever people have been told.

He still has the same issue with applying for the TIE which is a loooong delay in getting registered on the padron, as the TIE requires this in cases where the applicant no longer lives in the place where the green card was issued.

Patience seems to be the only way.

Again I am confused. You say you must show the NIE to TGSS- this is what I said and is obvious as it would be on the contract. It has nothing to do with the TIE which is not a number but a plastic card.
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Old Feb 15th 2021, 12:02 am
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Default Re: Just had my residency turned down

Originally Posted by Chipmonk
Again I am confused. You say you must show the NIE to TGSS- this is what I said and is obvious as it would be on the contract. It has nothing to do with the TIE which is not a number but a plastic card.
What I said was that the NIE must show them info about you. TGSS must check the NIE against some database to check the status of the person - after all the NIE isn't and never was, the same as a residency document.

If that's not it, then there must have been some kind of telepathy or black magic involved. Because they did know.

I know you feel strongly about this and I know you previosly accused me (or him) of lying and it's up to you whether you believe it. It doesn't matter how you think the rules should be applied, what matters is how they are being applied. Hopefully my having posted here will warn others in time to avoid similar problems.

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Old Feb 15th 2021, 12:09 am
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Default Re: Just had my residency turned down

My point is there is no need to warn people to do something that is not necessary. There is a a very clear law that has been highlighted numerous times here on the forum and by the British Consulate. All your friend needs to do is contact their lawyer who will confirm the law and if necessary contact the person at TGSS. There is no need to wait for months for appointments etc. Simple
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Old Feb 15th 2021, 12:13 am
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Default Re: Just had my residency turned down

I give up.
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Old Feb 15th 2021, 11:09 am
  #82  
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Default Re: Just had my residency turned down

Originally Posted by Chipmonk
My point is there is no need to warn people to do something that is not necessary. There is a a very clear law that has been highlighted numerous times here on the forum and by the British Consulate. All your friend needs to do is contact their lawyer who will confirm the law and if necessary contact the person at TGSS. There is no need to wait for months for appointments etc. Simple
And will their lawyer do that for €12?

It wouldn't be the first time that the Seg Soc wilfully interpret a law wrongly, then nothing short of a sentence against them by the Supreme Court will change that, and then somehow they can still take years to "apply" the law.

Last edited by DLC; Feb 15th 2021 at 11:11 am.
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Old Feb 15th 2021, 6:09 pm
  #83  
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Default Re: Just had my residency turned down

Originally Posted by DLC
And will their lawyer do that for €12?

It wouldn't be the first time that the Seg Soc wilfully interpret a law wrongly, then nothing short of a sentence against them by the Supreme Court will change that, and then somehow they can still take years to "apply" the law.
What laws have TGSS wilfully misinterpreted?
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Old Feb 15th 2021, 10:42 pm
  #84  
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Default Re: Just had my residency turned down

They've had to recalculate pensions for part time workers from over two decades back as one example, as another there they have lost over 60 court rulings about them denying health coverage to legal immigrants and they still won't budge. That's pretty wilful.
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Old Aug 18th 2021, 3:10 am
  #85  
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Default Re: Just had my residency turned down

Ok, sorry for delaying an update.

As all the third parties basically said I was scuppered I just battened down the hatches and waited. Low an behold Malaga stopped requiring a Padron for applications when people started leaning on them as proof of residency. By then changing stance and stating that they were not proof of residency they stopped demanding them. So I just re-applied using exactly the same paperwork as before but this time without the Padron.

After a long grilling they requested more information (as all the bank statements etc. were 6 months old they demanded to see more recent paperwork to show I had been in Spain SINCE 31/12/20 until now. I gave them best part of an inch of paperwork and got a favourable resolution 4 weeks later.

Today I went to Marbella Police station to get fingerprinted and will pick up my TIE in 4 weeks time. Happy days.

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Old Aug 18th 2021, 3:55 am
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Default Re: Just had my residency turned down

Originally Posted by Silk
Ok, sorry for delaying an update.

As all the third parties basically said I was scuppered I just battened down the hatches and waited. Low an behold Malaga stopped requiring a Padron for applications when people started leaning on them as proof of residency. By then changing stance and stating that they were not proof of residency they stopped demanding them. So I just re-applied using exactly the same paperwork as before but this time without the Padron.

After a long grilling they requested more information (as all the bank statements etc. were 6 months old they demanded to see more recent paperwork to show I had been in Spain SINCE 31/12/20 until now. I gave them best part of an inch of paperwork and got a favourable resolution 4 weeks later.

Today I went to Marbella Police station to get fingerprinted and will pick up my TIE in 4 weeks time. Happy days.
Brilliant news.
And you have learnt the special lesson.

That even the Spanish authorities don't actually know what it is they require, so they just ask for everything....and it still don't mean a thing.



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Old Aug 18th 2021, 5:20 am
  #87  
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Default Re: Just had my residency turned down

Originally Posted by Barriej
Brilliant news.
And you have learnt the special lesson.

That even the Spanish authorities don't actually know what it is they require, so they just ask for everything....and it still don't mean a thing.
Thanks Barrie,

The more I live in Spain the more I realise that the rules vary depending on the day, the person you are negotiating with and the direction of the wind. If you don't get the answer you want, come back another day at a different time.
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