Good news for expats: New tool for calculating 90-day period

Due to the change in process caused by post-Brexit regulations, many expats have experienced difficulty navigating the new TIE application process as well the infamous 90-day rule. A guide released by the Nerja Town Hall Foreigners Department should help clear up some of the most frequent questions.

Changing your old green residence card to a TIE.

Although British nationals currently benefit from the Brexit withdrawal agreement that gives them the same rights they enjoyed pre-Brexit, this may soon change.

Because of this, British nationals should consider changing their old green residence card “Certificado de registro de ciudadano de la Union” for a TIE (Tarjeta de identidad de Extranjero) a new residence card that includes a photo.

The location that you must go to, to obtain your TIE is subject to your region, town or city, but normally it will be carried out at National Police stations.

Using the following link you can book an appointment in your local area: https://sede.administracionespublicas.gob.es/icpplus/index.html

The estimated time for obtaining the TIE is approximately two months,  and you will have to go to two separate appointments. The first presenting all of your documentation and giving a fingerprint whereupon you will receive a provisional receipt, and the second approximately 45-60 days later to collect the TIE and give another fingerprint.

The TIE will be valid from the date you obtain it for 10 years if you already had a green resident card and five years if your green resident card is dated within five years.

DOCUMENTS REQUIRED

• Appointment number. Download it.
• Application form EX23 + 1 copy. Download it.
• Bank payment form for 12 €. Download Modelo 790
• The original old green resident card or sheet.
• 1 colour photo Size 32 mm x 26 mm.
• Passport. Original to show + 1 copy.

Note: If you have lost the original and your Residencia is permanent or the date shown on the Residencia is less than five years old you must report it to the Police. If you have a different address you must present a “Padron volante” that you obtain from your local Town Hall. If your Residencia doesn’t say “permanente” and the date is over 5 years, you must provide proof that you were living in Spain before December 2020 with:

– A bank statement showing the movements of your account in the last 6 months.

– Your last year’s tax returns declaration.

– Appointments with doctors or others, supermarket, gym receipts, etc.

Utility bills won’t be accepted as any owner of a property can have them.

The 90-day rule explained.

From the start of 2021, British Citizens, who do not have Spanish residency, have been limited on the period of time that they are permitted to spend in the Schengen area, of which Spain is a part. The current 90-180 day period still applies. This means that anytime you plan on visiting Spain, you must count back through the previous 180 days to see if you have been in the Schengen area for 90 days during that time.

When you calculate this you must be aware of the Schengen area, not just Spain. For example if you have stayed in Spain, Italy, France and Greece recently, you must calculate the days spent in each country during the previous 180 days and subtract the total from 90.

As this often causes confusion, you can use the following link to calculate how many days you have at your disposal, to travel to Spain or any other Schengen country:

https://www.schengenvisainfo.com/visa-calculator