The Procedure for the TIE (Foreigners ID Card) Application

Posted in: Brexit, Myra's Blog, News Articles, Residency,
Author: Myra Cecilia Azzopardi
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Nationals of the United Kingdom, the members of their families and any other persons residing in Spain in accordance with the conditions established in the Withdrawal Agreement, will not be obliged to apply for a new resident status nor, therefore, submit to a new documentation process, but they will have the right to receive, in accordance with the provisions of Directive 2004/38, a residence document that expressly reflects their status as beneficiary of the Withdrawal Agreement. This will also be written onto the card.

The anterior pertains to the UK Nationals and their family who are residing legally in Spain before December 31 2020. date. The Withdrawal Agreement does not require physical presence in the host State at the end of the transitional period (temporary absences that do not affect the right of residence are accepted, as well as longer absences that do not affect the right of permanent residence.

The rights of British citizens and their families who start their residence in Spain after the transitional period will be those established by any Agreement that regulates the future relationship or, failing that, those established by the general domestic immigration regime.

The Document TIE.

The procedure for obtaining this residence document is established based on whether the UK national: is the holder of a registration certificate, temporary or permanent; or, lacks the same for not having requested it before the date set forth in these instructions or for having arrived in Spain in the period comprised from the date set forth in these instructions (that is, after July 6) and the end of the transition period or at a later time.

In accordance with the EU Commission on the format and uniformity of the document in all EU member states. The validity of the same will be for five years for non permanent residents and ten years for permanent residents, evidencing the rights under the Withdrawal Agreement with the inclusion of the wording “article 50 TEU”  ““Issued in accordance with article 18.4 of the Withdrawal Agreement”.

The TIE can be solicited from July 6 2020.

Family members who have the right to residency under the Withdrawal Agreement, and arrive after the transition period, should make the residency applications within three months of arrival.

 

In the case of a UK National who are in possession of a temporary registration certificate: Less than five years of residency.

The applicant can make the application at the relevant foreigners office of the national police.  The applicant must provide the following documentation:

Application form –EX23

A valid passport.  In the event that the passport is expired, a copy and the renewal application must be provided.
The Tasa Form accrediting the payment of the corresponding fee (model 790, code 12).
A photograph, in accordance with the requirements established in the regulations for a national identity document.
At the time of collection of the residence document, the citizen must prove to be the recipient of this through the presentation of their valid passport.

This residence document will be valid for 5 years and the term “Temporary” will be entered in the field corresponding to the Type of Permit. After its validity, it must be automatically renewed in accordance with the provisions of the relevant instruction (details below under Instruction 6).

UK Nationals who are permanent residents having resided five years or more but do not have the wording “permanent” on their certificates:

The applicant can make the application at the relevant foreigners office of the national police.  The applicant must provide the following documentation:

Application form EX 23
A valid passport.  In the event that the passport is expired, a copy and the renewal application must be provided.
The Tasa Form accrediting the payment of the corresponding fee (model 790, code 12).
A photograph, in accordance with the requirements established in the regulations for a national identity document.
At the time of collection of the residence document, the citizen must prove to be the recipient of this through the presentation of their valid passport.

This residence document will be valid for 10 years and the term “Permanent” will be entered in the field corresponding to the Type of Permit. After its validity, it must be automatically renewed in accordance with the provisions of the relevant instruction (details below under instruction 6)

UK Nationals with a permanent residency certificate. 

The applicant can make the application at the relevant foreigners office of the national police. The applicant must provide the following documentation:

Application form –EX 23 

A valid passport.  In the event that the passport is expired, a copy and the renewal application must be provided.
The Tasa Form accrediting the payment of the corresponding fee (model 790, code 12).
A photograph, in accordance with the requirements established in the regulations for a national identity document.

At the time of collection of the residence document, the citizen must prove to be the recipient of this through the presentation of their valid passport.

This residence document will be valid for 10 years and the term “Permanent” will be entered in the field corresponding to the Type of Permit. After its validity, it must be automatically renewed in accordance with the provisions of the relevant instruction (details below under Instruction 6).

UK Nationals who do not hold a registration certificate.

May submit the application for this residence document, personally by way of a representative, at the immigration office of the province in which you reside or intend to establish your residence, or by electronic means. Once this has been granted, you must go to the police department that is authorised to issue the document.

Stage 1) Details of the proceedings before the immigration office:

The head of the immigration office, is the person who makes the decision on approving the application.

At the time of your request, the following documentation must be provided:

Application form – EX 20  for nationals of the United Kingdom
A valid passport of the applicant. In the event that the passport is expired, a copy  and the renewal application must be provided.
Documentation proving that the applicant is included in the personal scope of the Agreement, specifically, of the start of their residence in Spain, any means of evidence admitted in law must be admitted.
Documentation provided which is written in the rules for the application of article 7 of Royal Decree 240/2007, of February 16, on entry, free movement and residence in Spain of citizens of the Member States of the European Union.

In the case of family members of the United Kingdom national who also hold British nationality, they must prove that said United Kingdom national, with whom they will join or accompany, fulfills the conditions depending on their personal situation.

Once the application has been received, a receipt of presentation of the application for the residence document will be delivered immediately, which will be sufficient to prove your legal right to stay until there is a resolution. The possession of the receipt may not be a precondition for the exercise of other rights or the completion of administrative procedures, provided that the beneficiary of the rights can prove their situation by any other means.

Once the application is registered and in the event that its inadmissibility is not processed, its processing will begin, which will entail the evaluation of the documentation presented.
– If the request does not meet the necessary requirements for processing, the interested party will be required to correct the faults or accompany the required documents within ten business days, indicating that, if they do not do so, their request will be considered to be withdrawn, after a reasoned resolution, which does not exhaust the administrative route, and which may be appealed against to the person in charge of the corresponding Government Delegation or Subdelegation, in accordance with the provisions of section 2a, Chapter II, Title V of Law 39/2015, of October 1, of the Common Administrative Procedure of Public Administrations.

If the application meets the requirements, the resolution on the residence document will be issued and notified within a maximum period of three months.

Stage 2) On the actions before the police agency:

Within a month from the notification of the resolution on the right to the residency document, the applicant must personally request its expedition.

At the time of the request, the interested citizen must provide the following documentation:
Application form –EX 23 Card application
A valid passport of the applicant. In the event that the passport is expired, a copy and the renewal application must be provided.
The form accrediting the payment of the corresponding fee (model 790, code 012).
A photograph, in accordance with the requirements established in the regulations of a photograph issued for national identity document.

At the time of the collection of the residence document, the citizen must present a valid passport.

The residence document will be valid for 5 years for those cases whose residences do not reach 5 years and, therefore, in the field corresponding to the Type of Permit, the term “Temporary” shall be entered; and 10 years for those cases whose residences are older than 5 years and, therefore, in the field corresponding to the Type of Permit, the term “Permanent” shall be entered. After its validity, it must be automatically renewed.

Issuance of the residence document to family members and any other persons, nationals of third countries, residing in Spain in accordance with the conditions established in the Agreement.

1. Family members and any other persons, nationals of third countries, residing in Spain in accordance with the conditions established in the Agreement, may request a residence document. This residence document will be issued in accordance with the uniform model of residence permit for third-country nationals and must be indicated in the field corresponding to the Type of permit “Article 50 TEU” and in the field observations, should include the following phrase “issued in accordance with article 18.4 of the Withdrawal Agreement.

2. Applications may be submitted from July 6. In the case of people whose right of residence in Spain begins after the end of the transitional period, the deadline for submitting the application will be three months from their arrival in Spain.  Notwithstanding that a sufficient additional period can be granted for well-founded reasons.

Depending on the situation of the citizen, obtaining this residence document will require:

One step (before the police-stations that are empowered to issue it, upon payment of the established fees) or two steps (before the immigration office who will grant, where appropriate, the residence document and later, at the national police station the issuance of the residency document.)

Remember that:

The withdrawal agreement does not require physical presence in Spain at the end of the transition period, and temporary absences that do not affect the right of residence must be accepted, in accordance with the Withdrawal Agreement.

In relation to permanent residence, the rules regarding prior residence terms remain in force in accordance with article 15 of the Agreement.
– Applications for a residence card for a relative of a citizen of the Union shall be understood and processed as applications for this residence document, the provisions of this instruction being applicable. The periods of residence in Spain prior to the application will be considered in accordance with article 16 of the Agreement. Therefore, despite the fact that according to the Commission’s Implementing Decision, the residence documents issued must have a minimum validity of 5 years, applications will be accepted for the issuance of a new permanent residence document when the requirements are met. (including the five years of legal residence in Spain) despite the fact that the first residence document issued has not exhausted its validity. It will be presumed that the start of legal residence in Spain has occurred on the date of issuance of the temporary registration certificate if it had been issued.

If the relative or another person, a third-country national, is the holder of a temporary card as a relative of a citizen of the Union and has not reached five years of legal residence in Spain.

The application should be made at the office of extranjería, national police.

At the time of the application, the interested citizen must provide the following documentation:
Application form –EX 23
Applicant’s full valid passport. In the event that said document is expired, a copy and the request for renewal.
Tasa form accrediting the payment of the corresponding fee (model 790 code 012).
A photograph, in accordance with the requirements established for the national identity document.

At the time of the collection of the residence document, the citizen must present a valid passport.

This residence document will be valid for 10 years and the term “Permanent” will be entered in the field corresponding to the Type of Permit. After its validity, it must be automatically renewed in accordance with the provisions of instruction 6.a) Article 6 can be found further down this page.

family member or another person, a third-country national, is the holder of a permanent card for a family member of a citizen of the Union.

The application should be made in the office of extranjería, national police.

At the time of their request, the interested citizen must provide the following documentation:
Application form –EX 23 Card application (art. 18.4 Withdrawal Agreement).
Applicant’s full valid passport. In the event that said document is expired, a copy and the application for renewal.
Form accrediting the payment of the corresponding fee (model 790 code 012).
A photograph, in accordance with the requirements established in the national identity document regulations.

At the time of collection of the residence document, the citizen must prove to be the recipient of this through presentation of their valid passport.

This residence document will be valid for 10 years and the term “Permanent” will be entered in the field corresponding to the Type of Permit. After said validity, it must be automatically renewed in accordance with the provisions of instruction 6a.

If the relative or another person, a third country national, is not the holder of a residency card as the family member of an EU citizen.

They submit the application for this residence document, personally or by a representative, at the immigration office of the province in which they reside, or by electronic means. Once this has been granted, they must go to the police department that is authorised to issue the document.

Stage 1) Details of the proceedings before the immigration office:

The head of the immigration office, is the person who makes the decision on approving the application.

At the time of the application, the interested citizen must submit the following
documentation:
Application form –EX 21 Application for residence document
Valid passport of the applicant. In the event that the document is expired, a copy and the renewal request must be provided.

Documentation accrediting, where appropriate duly translated and apostilled or legalised, of the existence of the family bond, marriage or registered union and is entitled to the card
Registration certificate or residence document of the UK national they are accompanying or going to meet with.
Supporting documentation, in the cases in which this is required, that the applicant for the residence document lives as a charge of the national of the United Kingdom of which he is a relative.

Once the application has been received, a receipt of the presentation of the application for the residence document will be delivered immediately. This will be sufficient to allow the applicant to stay legally until in receipt of the residence card. The possession of the receipt may not be a precondition for the exercise of other rights or the completion of administrative procedures, provided that the beneficiary of the rights can prove their situation by any other means of proof.
Once the application is registered and in the event that it is admissible the process will begin, which will entail the evaluation of the documentation presented.

If the application does not meet the necessary requirements for processing, the interested party will be required to correct the faults or accompany the required documents within ten business days, indicating that, if they do not do so, the request will be considered to be withdrawn. This action does not exhaust the administrative route, and may be appealed against before the person in charge of the corresponding Government Delegation or Sub delegation.

If the application meets the requirements, the resolution on the residence document will be issued and the applicant notified within three months.

On the procedure at the police

Within a month from the notification of the resolution on the residence document, you must personally request its issuance.
At the time of their request, the interested citizen must provide the following documentation:

Application form –EX 23 Card application (art. 18.4 Withdrawal Agreement).
Valid  passport of the applicant. In the event that the passport is expired, a copy and the renewal application must be provided.
Tasa form accrediting the payment of the corresponding fee (model 790, code 012).
A photograph, in accordance with the requirements established in the regulations for a national identity document.
At the time of collection of the residence document, the citizen must prove to be the recipient of this through the presentation of a valid passport.

This residence document will be valid for 5 years for those cases whose residences of the national of the United Kingdom of which he is a relative do not reach 5 years and, therefore, the term “Temporary” will be entered in the field corresponding to the Type of Permit. ; and 10 years for those cases whose residences of the national of the United Kingdom of which he is a relative are older than 5 years and, therefore, in the field corresponding to the Type of Permit, the term “Permanent” shall be entered. After its validity, it must be automatically renewed in accordance with the provisions of instruction 6a)

Those persons who have reached 5 years of legal residence in Spain will be able to access permanent residence (as established in Article 15 of the Agreement) before the validity of the residence document issued expires, applying personally or by their representative, in the immigration office of the province in which you reside, or by electronic means the issuance of a new residence document. The immigration office, in accordance with the procedure established in this letter d) will verify the duration of the residence. Once this has been granted, you must go to the police department that is enabled to will issue the document, upon payment of the established fees. This new residence document will be valid for 10 years and the term “Permanent” will be entered in the field corresponding to the Type of Permit. After its validity, it must be automatically renewed in accordance with the provisions of instruction 6a.

Instruction 6

Renewal of the residence document provided for in the Withdrawal Agreement.

1. The renewal of the residence document provided for in The Withdrawal Agreement, must be requested when its validity expires.
a) In the event that the interested parties are in possession of a temporary residence document, a residence document will be issued for 10 years, automatically renewable every 10 years and the term “Permanent” will be entered in the field corresponding to the Type of Permit ”
b) In the cases in which the interested party is the holder of a permanent residence document, a residence document will be issued for 10 years, automatically renewable every 10 years. Failure to submit an application for renewal of the residence document within the time limits set out in section 2 will not in any case result in the loss of your right of permanent residence.

2. The application must be submitted on the official form established for this purpose, during the month prior to the expiration of the residence document, and may also be submitted within three months after said expiration date without prejudice to the corresponding administrative sanction.
4. The application for renewal of the residence document in  the Withdrawal Agreement will be accompanied by the following documentation:
a) Valid and valid passport of the applicant. In the event that the document is expired, a copy of it and the renewal request must be provided.
b) Form accrediting the payment of the fee for processing the procedure.
c) A photograph, in accordance with the requirements established in the national identity document regulations.

Instruction 7

Common provisions for the issuance of the residence document provided for in the Withdrawal Agreement.

 
1. The authorities competent to process and resolve the applications for this residence document may, exceptionally, collect information on the person’s possible criminal record from the authorities of the State of origin or those of other States.

2. Copies of supporting documents other than passports or identity documents may be presented. In specific cases, national authorities may require the original of certain documents to be presented as long as there is reasonable doubt as to their authenticity.

3. The resolutions issued by the person in charge of the head of the immigration office do not prejudice the right of the administrative channel and may be appealed against to the decision of the person in charge of the corresponding Government Delegation or sub delegation.

Instruction Eight

Ongoing procedures.

The administrative procedures initiated before July 6, relating to obtaining registration certificates by United Kingdom nationals and residence cards of a relative of a Union citizen, will be processed and resolved in accordance with the provisions of these instructions.

The information above has been taken from the instructions provided by General Administration of the State.  The instructions were shared with the:

SECRETARÍA DE ESTADO DE MIGRACIONES
DIRECCIÓN GENERAL DE MIGRACIONES
SECRETARÍA DE ESTADO DE SEGURIDAD
DIRECCIÓN GENERAL DE LA POLICÍA

CAB Spain retain the right to edit any sections of this paper.

 

Anomaly. The State BOE published today states:

“On January 31, 2020, the United Kingdom ceased to belong to the European Union and said exit is regulated by the Withdrawal Agreement of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (de Hereinafter “Withdrawal Agreement” or “Agreement”) negotiated and ratified by both parties. This Agreement entered into force on February 1, 2020.
However, this Agreement establishes a transitional period that will last, in principle, until December 31, 2020. During its validity, the European Union legislation on free movement will continue to be applicable. Consequently, as determined in the second part of the Agreement (relating to citizens’ rights), all rights will remain until December 31, 2020 as if the United Kingdom were still a member of the European Union.
This implies that UK nationals will be able to enjoy their free movement rights in Spain until the end of 2020. Therefore, those who have exercised their right to reside or work in accordance with Union Law before the end of the period transitory and who continue to do so after that period, will have exactly the same rights under the Withdrawal Agreement as persons who arrived before Brexit, also being subject to the same restrictions and limitations.
Thus, the Agreement is the norm that governs and will govern regarding the conditions of residence and the rights of the people included in its personal scope of application. Those who arrive after the end of the transitional period and who are not included”.

The above is the case yet U.K. Nationals are under union law until the end of the transition period. New applicants are instructed to make their application (applying for residency status) at extranjería. Waiting three months for a resolution and then a month later, making an application for  TIE at the police station. This is the procedure for non EU citizens.

Please note: The information provided is based upon our understanding of current legislation. It is not legal advice but is provided freely to enable you to be properly informed. We recommend that if you are considering taking action, you should seek professional advice.

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