Have you obtained a positive resolution after your residence permit application but you still haven’t been able to get your residency card because there are no appointments? Don’t worry! From now on, the resolution itself is enough to carry out any legal procedure in Spain, even if you still don’t have your TIE. And in this post we are going to explain all the details.
The current situation when trying to get a TIE appointment in Spain
The pandemic has left many negative consequences in Spain.
But if you are a foreigner, you can very much understand that one of the most drastic effects has been the current situation when trying to get an appointment with the immigration office.
Finding a free slot to obtain your TIE (foreigner’s identification card) seems to be impossible.
And it no longer matters what time of the day you try to search, or what day of the week. Waiting times seem to be eternal, and the probability of finding a free spot seems nonexistent.
In short: the system is collapsed and the immigration office cannot attend to all the requests it receives.
Obviously, this is something problematic for the foreigner living in the country. She has obtained a positive resolution after her residence permit application (so for practical purposes she should have his situation in the country regularized), but not being able to get the physical card really, she can actually do nothing.
It’s as if he doesn’t have obtained the residency, even if the application is approved.
And there are many procedures in Spain (both with the administration and with companies or third parties) that require the TIE.
This is why the government has been forced to act, and has acted in the most coherent way possible: converting any resolution issued by the Immigration Offices into a document that is comparable to the TIE for legal purposes.
You residency application resolution is now legally the same as already having the TIE
Your immigration resolution (the one you can see online) has now the same legal validity as the TIE.
But what exactly does this new measure consist of?
The objective is clear: to protect the legal security of foreigners who lives in Spain or who is about to start doing so.
And to achieve this commitment, the Ministry of the Interior, together with the Secretariat of State for Migration, have issued a statement by which from now on the foreigner will not need the TIE (the physical document containing the NIE and its type of residence) to be able to carry out any of the procedures that require it.
From now on, the same resolution issued by the immigration department (which must be favorable) will be sufficient and totally valid when interacting with the Spanish administration and any other third party.
Thus, from the moment you receive your favorable resolution for your residency application until you are able to obtain the residence card in physical format (which with the current situation can take several weeks), you can use this same resolution for any procedure that requires the TIE.
In this way, you will not find any legal problem and you will be able to continue with your life as normal as possible (within what we currently consider normal).
As you already know, any foreigner who resides more than 6 months in Spain legally is obliged (in addition to having the right) to get his or her residence card or TIE.
That is why this measure applies to all cases under this assumption: whether you have to get your TIE after applying for an initial residence permit, or if you are renewing or extending the existing one.
If you have any doubts, let us help you!
What we’ve covered so far is undoubtedly good news. The vast majority of problems that the lack of appointments generated seem not to be so serious with this new measure.
However, you may still have some doubts about how to manage your situation as a foreigner in Spain and need legal advice from an expert team.
Our lawyers are at your complete disposal.
Book a consultation with one of our lawyers and solve all your doubts:
At Balcells Group we have been foreigners effortlessly moving to Spain for over 11 years. We help expats from all around the world with their immigration, business, tax and legal needs; ensuring a legally safe and enjoyable transition to the Spanish territory. Our multilingual team understands the importance of adapting to the cultural and legal specificities of our international clients. We offer a comprehensive service that combines the expertise of several generations of lawyers with the innovation needed to address today’s legal challenges, always striving to simplify processes and ensure reliable, effective results.
