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OPINION: Now it’s time for under-the-radar Brits in Spain to become official residents

Tens, if not hundreds of thousands of Brits in Spain will soon be applying for the new Tarjeta de Identidad de Extranjero (TIE). For the time being at least, I will not be one of them, writes Sue Wilson from the Bremain in Spain group.

OPINION: Now it's time for under-the-radar Brits in Spain to become official residents
AFP

Don’t get me wrong – I think the new identity card is a great idea, and there are benefits over my existing, and rather ragged, green residencia certificate.

Since I moved to Spain in 2007, I’ve never left home without my passport. Although I have photo ID in the form of my Spanish driving licence, I’m a belt and braces kind of gal, and old habits die hard. Having a new photo ID card will finally make me leave my passport at home – in theory at least!

The TIE won’t provide any additional rights to those we enjoy as legal residents.  It does prove our entitlement to those rights protected by the Withdrawal Agreement (WA), but the old, green residencia certificate does the same. However, the new card will specifically state (i.e. printed on it) the protection of WA rights.

Legally resident Brits are under no obligation to swap their existing green certificate or card for the TIE, as our existing documentation will remain legally valid, even after the transition period. 

The British Embassy in Madrid has liaised with Spanish authorities and British citizen groups across Spain over this matter. Considerable debate has surrounded the TIE and the implications for non-resident Brits. Although it has recently been impossible to meet the Ambassador or embassy staff in person, because of Covid, our virtual meetings have continued. The Embassy are also keen to engage directly with British citizens, legal or otherwise, via their Facebook group, including live Q&A events.

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Using funds provided by the British government, several organisations are providing support to British citizens in the most populated regions of Spain. These groups will focus on helping the most vulnerable people navigate the residency application process.

The number of British citizens legally resident in Spain has hovered over the 300,000 mark for some time, although the figure is now rising because of Brexit. The total number, including those living under the radar, is estimated at up to one million. Even if that is an over-estimate, the Spanish authorities will certainly be handling applications from hundreds of thousands of British citizens.

The two-step process for those who are not currently legally resident involves the immigration office and the national police and can take many weeks. To qualify for the important benefits conferred by the WA, such as healthcare and pensions protection, the non-residents will be mindful of the transition period ending on 31 December 2020. 

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That so many Brits aren’t legally registered has always remained controversial amongst the legal British community.

The reasons for failing to complete the process are many and varied. It might be a simple case of failing to understand the requirements, finding the process daunting, or simply not getting around to it. For others, it may have been due to financial concerns, or even a deliberate attempt to avoid paying Spanish taxes. While legal residents may sympathise with the lazy or confused, we are less sympathetic to those who are knowingly abusing the system, at the expense of our hosts.

Unlike in other countries, such as the UK or France, we are fortunate that Spain has chosen a simple system to ensure our rights after transition ends. As legal residents, we don’t have to fear rejection, as our status will not change. The most we will need do, if we so choose, is to swap our existing documentation for the new card, with the WA protections stated on it.

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Much as I look forward to receiving my new TIE card eventually, I’m going to sit back and let those hundreds of thousands of non-residents take priority first. No doubt, we’ll see massive queues, huge demand for appointments and teething problems, as with any new system. My thoughts are with the Spanish authorities – having to deal with so many people in a limited time period, and with language barriers to overcome.

It is a positive move that under-the-radar Brits – even those evading Spanish taxes – are now doing the right thing. If all the legal residents wanting to swap for a TIE join me at the back of the queue, Spain will receive the missing taxes they are due as soon as possible. That can only be good for all of us.

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RESIDENCY PERMITS

Why is it so hard to get an appointment at some of Spain’s foreigner offices?

One of the reasons Brits in Spain say they haven't got a TIE residency card yet is the apparent impossibility of getting an appointment at their local extranjería office or police station. So is there any truth to this?

Why is it so hard to get an appointment at some of Spain's foreigner offices?

Anyone who has tried to do anything official in Spain will be well aware of the dreaded cita previa system, whereby they must first make an appointment.

For foreign residents, this is not a simple task. It’s not just a question of simply making an appointment as more often than not, there aren’t any available.

And it’s not like you can just log-on a day later and find more. Many people spend weeks or even months trying to make these appointments, so they can carry out mandatory bureaucratic procedures.

These appointments are needed for everything from applying for or renewing your TIE if you’re non-EU to getting your EU green residency card. They’re needed again when going in for fingerprinting or even just trying to pick up your card once it’s ready.

Earlier this week, the British Embassy in Madrid stressed that it’s “really important” that the 200,000+ UK nationals in Spain with a green residency certificate exchange it for a TIE card “as soon as possible” to avoid issues with the EU’s new Entry-Exit System. 

READ ALSO – ‘Get the TIE now’: Brits in Spain urged to exchange residency document

The problem is that the exchange has never been made compulsory, only strongly encouraged and around half of British residents in Spain still haven’t gotten their TIE after Brexit.

In reaction to the announcement by the British Embassy, numerous British residents in Spain commented how hard it is get an appointment at their local police station or extranjería (foreign affairs) office.

Could the difficulty in getting an appointment be one of the reasons to blame for this?

So why are these cita previas so coveted and why are they so difficult to get?

Unfortunately, it’s not just a question of simple Spanish bureaucracy. There’s something slightly more sinister going on here. The fact of the matter is that if you go to certain relocation companies, firms and agencies they can get you an appointment straightaway – if you pay for it.

A year ago in May 2023, Spain arrested 69 people for blocking appointments at immigration offices. They were accused of booking up all the available appointments via a computer bot to later sell to foreigners to make a profit, despite the fact that this process should be free.

Arrests were carried out in Madrid, Albacete, Alicante, Almería, Badajoz, Barcelona, ​​Vizcaya, Burgos, Cádiz, Córdoba, the Balearic Islands, Marbella, Murcia, Tarragona, Tenerife, Toledo and Valencia, which gives us an idea of how widespread the illegal practice is.

Although Spanish police managed to dismantle this particular ring of criminals, it did not solve the problem.

Just seven months later in December 2023, ONG Movimiento Por la Paz (MPDL) confirmed to Levante news in Valencia that the ministry’s network had been hacked for two years and that it was unfair to foreigners who were being discriminated against because of it. 

They also claimed that the police and foreign ministry knew about the problem and still let it happen. 

Vincente Marín, CEO and lawyer for Parainmigrantes website aimed at foreign residents and those wanting Spanish nationality, confirmed this in a video he posted on the site.

He explained that bots hack into the system and that whenever appointments become available, they can book them up in seconds and then sell them on the black market for between €100 and €200, admitting it was a big problem for his firm too.

The initial screen of the appointment page (cita previa) on Spain’s extranjería website, and where many foreigners find it impossible to book residency official processes.

Fast forward to February 2024 and a group of lawyers and gestores from Castellón and Valencia denounced the system, saying that it was “controlled by criminal mafias”. They also cited the problem of bots hacking the system and complained that some of their clients still hadn’t been able to get appointments in five or six months.

In May of this year, the issue is still ongoing. Balearic news site Ultima Hora reported several readers who had been trying to get appointments for months in Mallorca and had been unsuccessful.

One has to get an appointment before her residency card runs out in June and was even considering paying an agency who were asking for €200 to help her get one.

Wherever there’s a sizable population of foreigners, from Barcelona to Valencia, the extranjería website has generally been ‘hacked by bots’.

In order to improve the situation more national police have been called in to work at the Immigration Office in Orihuela (Alicante) because of the number of foreigners living in the area. The police there have confirmed that they have allocated more resources for the issuance of documents too, to try and speed up processes. 

If you’re trying for an appointment the best option is to aim to not pay for one if you can help it, as you’re only fuelling the problem.

Reputable law firms may still be able to help you get one by dedicating more resources to applying for them manually, but you shouldn’t have to pay over the odds for what should be a free service. 

Here are our tips on how to get a cita previa when it seems impossible. 

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