- To be honest I think the non-residents tax is only helpful in that I paid it in person at the bank showing my passport at the time. The original 210 with the wet stamp just shows I was here.
- Yes, my certificate is a Permanent Resident one, the difference is that it will be flagged on the Extranjeria system as cancelled. This means my application for the TIE is more complicated - in addition to having the certificate I must evidence a visit to Spain every 5 years.

I really don't think what you want will be decided by a funcionario as it is obvious that the starting point is that you have been absent 10 years. You are relying on legal arguments that are not enshrined in the Spanish law available to a simple official. Your residency at the moment is officially non-resident. To challenge this will mean employing a lawyer and taking it up the ladder
​​​. This will probably end up costing you more than simply getting a NLV and becoming a resident the easy way. So given the difficulties you might face why make it so hard and costly. If you are retired you can get the S1 and healthcare - all you need is the funding ( which will be considerably less than possibly taking the Spanish government to court).

Frank my point is and it's not something that I fully understand. To benefit from the withdrawal agreement allowing 5 years absence I believe you had to exchange your green card for a TIE. There was a specific box on the exchange form to check showing you were applying under withdrawal agreement rights. As you have said it wasn't compulsory to exchange the green card but was advisable as the TIE would be more readily acceptable to border and other officials and also specifically show it's issued in accordance with the withdrawal agreement. The green card is issued to all EU citizens resident in Spain, so say a German with green card will still have to abide by the same rules Spain applies to green card holders i.e. only allowed out of Spain 2 years . The question is does a British citizen with a green card get the protection afforded by the withdrawal agreement and having a TIE showing that ? If they do how do they prove that ? I don't know the answer to these points. That said when I saw that people were starting to get problems at borders as a British citizen using the green card that's when I exchanged it for the TIE. it may be easier for you to bite the bullet and go through normal procedure required post Brexit. It could be less cost and stress. Good luck whatever way you go

I had a really nice surprise on first thing on Monday morning on the way to the airport. I got a call from the Comisaria asking me to come back the the following morning to process the TIE. I was in and out in 5 minutes, got the receipt and go back in month to collect the card. After the first appointment, I´d raised it as an issue on the Ministry of the Interior web site attaching the EU letter. I just assume that complaint must have found it´s way back to my local Comisaria and they´d taken a second look at my application.

I am obviously really happy how this is turning out now, Like most of the posters on the thread, I´d come round to the idea that I need to get out of the Schengen Zone quickly, and either come back with a good (and expensive lawyer) or try again much later through the NLV route.

From what I understand this means that a right of return can be kept alive indefinitely by a short visit every 5 years. The Supreme Court judgement is only a couple of years old and was made in relation to the 2003 legislation covering 3rd country nationals (whose permanent residency expires after 1 year), I don´t believe this outcome was ever envisaged at the time of the Brexit Withdrawal Agreement.

I am still trying to absorb all of this - the EU letter says the green residency certificate is still valid and it´s not obligatory to change it. However, on the Extranjeria system it´s shown as invalid so if I´d tried to leave the country after 90 days that could have been a real problem. I didn´t understand the implications of this until it was too late to fix it. Incidentally, last week I asked one of the officers at the Comiseria in Patraix whether he would check my certificate on the system, He came back after 10 minutes and just said all of these now invalid after Brexit! The message is, regardless of the legal status, swop it for a TIE. Arguing the toss with the National Police at the border is not an ideal way want to start or end a holiday.

Wow. That is fantastic to know. Basically it means once you have residency you cannot lose it as long as you visit a few times every 5 years. Great for things like tax.

Well all well that ends well in your case, which is great news for you. I totally agree re the green card. They initially said you didn't need to change but now are actively telling people they would be better changing it. I had the green card before mu wife as because of Brexit and uncertainty I made myself resident in 2018 but my wife had to work in the UK until 2020. Then of course we had covid issues which affected our plans for her joining me full time as resident. I initially got my green card using a gestor is. Just before covid hit I had checked with the gestor that there were no changes to obtaining residency as my wife was due to join me and obtain residency. They said no changes and they could sort it out. That was Feb 2020. Then covid hit and we had to delay the wife's move out untill covid rules allowed. July 2020 she came out to Spain by which time no green card for UK citizens it was TIE. Not one gestor I contacted could help they just said its all changed we will let you know when we can do it for you. Our problem was Brexit day looming. So I researched the new procedures for TIE and said we will try doing it ourselves to get your TIE. That's what we did yes it was different procedure had to go via immigration first and then to National police but to be fair it wasn't that difficult and people we dealt with were helpful. After she got hers I read of people getting issues entering Spain with the green card and decided I would change the green card for TIE.
Anyway good to hear that you have resolved the issue

I did think you were in with a chance. Consider yourself one lucky person because you have far more rights and flexibility under the protection of the withdrawal agreement than you would have with a non lucrative visa.

Well done!

It just occurred to me. What now happens Vis a Vis your healthcare?. If you were a resident in 2012 and your residency still continues do you qualify for free healthcare?

For a third country resident who:

• has not made any social security payments in the last three months
• is not officially unemployed (even though they are not receiving any benefit)
• is not set up as a dependent or is not officially a partner of someone who is paying social security
• does not have an S1 set up
• is not paying the convenio especial

I think coverage begins once again once one of those five things happens, but it can very according to region. Probably best to get on the padrón too beforehand.

By the way, congratulations!

Yes but if the OP got their residency before end of 2012 then healthcare is free. I just wondered - if his residency wasn't lost ( as they have said) then that means his healthcare isn't lost. And then that would imply that anyone who was a resident before end of 2012 but who then left (In this case over 10 years )they can return without any need to have private healthcare of a S1.

I've got residency from before 2012 but it's still not free, I still need to be paying Social Security somehow (out of my pay packet). Although there are so many ways to get coverage it's more of a formality about finding someone to foot the bill.

So if someone retired to Spain before 2012 and never paid into Spanish social security before then, it is free for them to use but they still need an S1.

​​​​​​
I thought that all residents before 2012 ( and the law changed) were entitled to free healthcare without needing to contribute or S1?

Pre-2012 residents have to contribute in the same way as someone Spanish would more less. As I'll have paid into Spanish social security most of my working life when I retire I won't need to make any more payments or an S1.

But someone who paid social security abroad all their working life then came to Spain to retire before 2012 does need an S1 or similar agreement or pay the convenio especial.

I have heard of this legislation but don't personally know anyone who has achieved this but I'm sure someone will. That said surely if one is state pension age and entitled to an S1 they should obtain and register one and obtain there healthcare in accordance with the S1.