Chipmonk

Technically if you had been applying for TIE then you should be resident in Spain so you shouldn't be in UK. The poster says she needs to go to pick up her TIE not she needs to go home. Obviously you can't just pop in and out of a country just to pick up documents. I expect they ask you for your reason for travel and it's up to you to convince them.

Joppa

Surely returning to your country of normal residence would count as essential journey, and the need to pick up TIE goes with Spain being the country of residence and not UK?

jogger

Then why are the UK Government putting on acceptable documentation to travel to Spain?

jogger

When we go back to Spain we will be staying there were are home now is. We left before the travel restrictions were put in place and the reason for coming to the UK was to wind everything down here and attend to my inlaws as he has dementia. It wasn't a holiday or anything similar. I'm an EU citizen my wife being from the UK is not and needs to collect her TIE

Chipmonk

So you are both returning home which is fine. Incidentally if you are EU then your wife doesn't need a TIE!

jogger

I am an EU citizen but she needs it to retaun her independence, if something was to happen me and she was relying on me for healthcare etc, this way she can get her own S1 from the UK

Notdunroamin

How do you work that out?

Chipmonk

officially you would already be iliving n Spain in order to do TIE.

Rosemary

However, whilst the TIE is being processed you may need to return to the UK to deal with family members, house sales etc etc. All very legal and above board.

Rosemary

Barriej

In the paperwork provided (will try and find it) It actually says 'you do not need to be in Spain at the time of making your residency request for the TIE as a first time applicant' or something along those lines.

People using a solicitor would have had them file online on their behalf (like we did).

Although there is no way I would be returning to the Uk before I have the TIE in my hand (unless there was no choice)

Joppa

Should your relationship break down, or should you die, your wife will retain her rights as family member of an EU citizen - this is written into EU legislation. As for S1 and Spanish health care, she will continue as EU family member, and will get her S1 or E206 from your country of nationality when she is of pensionable age.

DLC

She can have a TIE which says she's a resident under the WA or a TIE which says she's a family member of an EU citizen. The WA TIE might be more advantageous for certain pre-Brexit rights (not checked), the EU family member TIE allows FoM when travelling with the EU citizen.

DLC

If Spain has issued a residency document, she is a resident of Spain, therefore she is not a resident of the UK and is allowed to travel to Spain.

DLC

I just wonder how much of this is kite flying by the British embassy as it seems they've come to some agreement with Spain but they mention property deeds. They might help build a case for proving residency but they don't prove residency on their own, the border really isn't the place to be building a case for residency, and I haven't found any equivalent announcement from the Spanish side.

Chipmonk

I think who ever wrote for the Conconsulate the remit was to provide information that was easy to understand. However, I feel that it has perhaps done the opposite by allowing examples. Basically you need to provide information that you have been granted residency in Spain. A combination of some documents might be needed in the absence of the two officially recognized cards. Obviously having a house on it's own does not prove residency.