Is it possible to maintain the same NIE with a different passport?
Jun 1st 2021, 6:35 pm
#16
BE Forum Addict
Joined: Jun 2011
Posts: 1,153
Re: Is it possible to maintain the same NIE with a different passport?
Going to bump this up because I found this on a website for dual national Brits in France:
https://www.francerights.org/withdra...ement-faq.html
Someone tweeted the Netherlands government, and they replied she can apply under the WA as a dual national:
You have to click on the date at the bottom to see the replies from NL.
I've never seen any announcement from Spain about this though, other than if you are a Briton who has acquired Spanish nationality you don't have to take any action, which differs with what's above... well, that and as someone who's acquired Spanish nationality you're not supposed to be a dual national.
https://www.francerights.org/withdra...ement-faq.html
I’m a British national who’s been living in France for 6 years now, and I now also have Irish citizenship. I receive a UK state pension and have an S1 form. How am I affected?
Your Irish citizenship means that you’ll keep your EU citizenship, and along with it your rights of free movement. If you wish you can apply for a permanent residence card in France as an Irish citizen. The health and social security provisions of the WA will continue to apply to you as long as you continue to live in Spain, so your S1 health cover will continue. And as you moved to France as a British citizen under EU free movement law, at the same time the other provisions of WA should also apply to you so you can still benefit from these where they are more favourable - for example, as you qualify as a permanent resident in France you can be absent from France under the WA for up to 5 years without losing your residence rights, as opposed to 2 years using your rights as an Irish citizen. There are some outstanding questions about how you would also be identified as a beneficiary of the WA if you register in France as an Irish citizen; we have raised these, and the European Commission and UK authorities are preparing a joint guidance memorandum to the WA which we hope will cover questions like this one. We’ll be scrutinising and monitoring it when it’s published.
I’m now a dual national, having acquired citizenship of France. How am I affected?
Your French citizenship gives you an unconditional right of residence here, but because you originally moved here as a British citizen under EU free movement law and only acquired French citizenship subsequently, at the same time the WA should still apply to you subject to certain conditions. You’ll benefit from its social security provisions and should also be able to rely on it to cover other issues such as recognition of qualifications and family reunification. The European Commission and the UK authorities are preparing a joint guidance memorandum to the WA to deal with questions like this, and we’ll be scrutinising and monitoring it when it’s published.
Your Irish citizenship means that you’ll keep your EU citizenship, and along with it your rights of free movement. If you wish you can apply for a permanent residence card in France as an Irish citizen. The health and social security provisions of the WA will continue to apply to you as long as you continue to live in Spain, so your S1 health cover will continue. And as you moved to France as a British citizen under EU free movement law, at the same time the other provisions of WA should also apply to you so you can still benefit from these where they are more favourable - for example, as you qualify as a permanent resident in France you can be absent from France under the WA for up to 5 years without losing your residence rights, as opposed to 2 years using your rights as an Irish citizen. There are some outstanding questions about how you would also be identified as a beneficiary of the WA if you register in France as an Irish citizen; we have raised these, and the European Commission and UK authorities are preparing a joint guidance memorandum to the WA which we hope will cover questions like this one. We’ll be scrutinising and monitoring it when it’s published.
I’m now a dual national, having acquired citizenship of France. How am I affected?
Your French citizenship gives you an unconditional right of residence here, but because you originally moved here as a British citizen under EU free movement law and only acquired French citizenship subsequently, at the same time the WA should still apply to you subject to certain conditions. You’ll benefit from its social security provisions and should also be able to rely on it to cover other issues such as recognition of qualifications and family reunification. The European Commission and the UK authorities are preparing a joint guidance memorandum to the WA to deal with questions like this, and we’ll be scrutinising and monitoring it when it’s published.
You have to click on the date at the bottom to see the replies from NL.
I've never seen any announcement from Spain about this though, other than if you are a Briton who has acquired Spanish nationality you don't have to take any action, which differs with what's above... well, that and as someone who's acquired Spanish nationality you're not supposed to be a dual national.
Last edited by DLC; Jun 1st 2021 at 6:40 pm.
Jun 1st 2021, 7:32 pm
#17
Lost in BE Cyberspace
Joined: Jun 2005
Location: Puente Esuri
Posts: 6,904
Re: Is it possible to maintain the same NIE with a different passport?
We got my wife’s Irish citizenship in 2016 and then her passport followed by her credit card passport. Next we went back to the extranjanos office to renew her green card which was over 5yrs old giving all the details of her new citizenship. (The policeman dealing with us did not want to understand why we would want to this. However it was all stamped and approved so that her green card nationality now states Irish. The next step was to the Town Hall to renew her Padron with her new identity again they did not want to understand why she would want to do this but again they stamped it and approved the change. The last piece of the jigsaw we failed we thought she should change her green card for the TIE but that is not available to EU citizens which is logical if you think about it! I got my TIE just after Christmas and I will now be going through passport control as her dependant!
