If you are a UK nationwide who’s a resident in Spain and also you’re planning on travelling quickly, what occurs if you have not renewed your TIE residency card but and it is attributable to expire or has performed already?
Those Brits who had been protected beneath the Withdrawal Agreement after Brexit and acquired their non permanent five-year TIE residency playing cards will quickly must renew them (or already have to) for the everlasting ten-year TIE playing cards.
Because the primary TIE playing cards had been issued to Brits in July 2020, from now up till the tip of the yr, most individuals with the non permanent five-year playing cards must renew them.
As The Local Spain has been reporting although, getting an appointment or cita with a purpose to renew your TIE might be very troublesome, significantly in massive cities. This might imply that you simply’re unable to resume your card whenever you need to.
Appointments are foreigners’ places of work significantly troublesome to get, firstly as a result of the system is commonly hijacked by prison gangs who guide up all of the appointments utilizing bots in order that they’ll later promote them. Technically this needs to be free.
READ ALSO: €90 for a ‘cita previa’ – Spain’s residency appointment scams worsen
Secondly, it is usually tougher not too long ago due to the additional work employees at these places of work have needed to undertake because the new immigration legislation got here into impact in May of this yr.
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According to Spain’s Ministry of Inclusion and Migration, you’ll be able to renew your TIE from 30 days earlier than it expires and till 90 days after its expiration date.
There have nonetheless been a number of studies of Brits being turned away for renewal prematurely and have been informed to attend till after they expire as a substitute. This appears to significantly be the case in sure areas of Spain, together with in Valencia and Alicante, in line with readers.
READ ALSO: Can Brits in Spain renew their TIE residency playing cards earlier than they expire?
So, what occurs when you should journey out of Spain quickly whereas your TIE is expired, both as a result of you’ll be able to’t get an appointment or as a result of it’s within the technique of being renewed?
Technically, if in case you have an expired residency doc in Spain and also you need to journey, it’s important to apply for an autorización de regreso or re-entry allow. Â
The autorización de regreso is a doc authorising overseas residents to have the ability to exit and return to Spain throughout a interval of renewal or extension of their residence card equivalent to a TIE.
READ ALSO: How to journey to Spain in case your residency doc has expired
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In order to be eligible to use for the autorización de regreso you could:
- Be the holder of a residence doc and have initiated the renewal or extension technique of the authorisation that lets you stay in Spain inside the authorized time period.
- Be the holder of a sound overseas id card and have submitted a request for a replica card attributable to theft, loss, destruction or expiry.
- Prove that the journey responds to a scenario of want and there are distinctive explanation why you should journey throughout this time.
- Have your preliminary residence or authorisation favourably resolved.
As you’ll be able to see, nonetheless, not with the ability to get an appointment isn’t one in every of these causes, it should already be within the technique of renewal.
One of the largest points, nonetheless, is that with a purpose to apply for an autorización de regreso you additionally have to get an appointment at an extranjerÃa or foreigners’ workplace.
This signifies that you’re caught in the identical scenario making an attempt to get an appointment, when there aren’t any accessible.
If you would get an appointment, then you definitely would merely renew your card first as a substitute.
READ ALSO: How Brits in Spain can renew their non permanent residency TIE card
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So, what occurs if you should depart Spain and return when your residency card has expired?
Many readers on Facebook teams have reported that this is not a problem as a result of you’ll be able to merely re-enter Spain with simply your passport. You might quickly be thought of a vacationer, however that shouldn’t be an issue in case you renew your residency card whenever you return.
As the legislation states, you may have 90 days or three months during which to resume your TIE after it expires, so so long as you’ve returned inside these three months, this shouldn’t be a problem.
You might face issues in case your return to Spain previous the 3-month expiry deadline although, in case your passport reveals that you simply’ve spent greater than 90 days in Spain inside a six month interval.
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According to Spanish immigration legislation agency Para Inmigrantes, failure to resume inside this timeframe doesn’t imply you’ll routinely lose your proper to legally reside in Spain although.
As lengthy as you’ll be able to show that the rationale you haven’t renewed isn’t your fault, then you ought to be okay.
The agency recommends that whenever you try to request an appointment for the cardboard, you must take a screenshot to show that it was unattainable to get one. This method, you’ll be able to document each failed try through the technique of requesting an appointment for the cardboard and may show it wasn’t your fault.
