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Discussion Starter · #1 ·
Just wondering - I have a temporary TIE and have been out of Spain for a few months now.

I understand that if you're on a temp TIE. you lose residency after 6 months.

I'm wondering how this works in practice - if 6 months go by and I fly back to Spain, what will happen exactly when I show my TIE at the airport? Will alarm bells go off and they'll investigate my bank accounts and things?
 

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Presumably they can see when you left on passport if it was stamped. Either way they can and do check
 

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Discussion Starter · #3 ·
My passport wasn't stamped which is why I'm wondering how they check. I just don't want to be arrested at the airport or something. I'm wondering if they will scan my passport and an alarm will go off saying 'this person has been outside of Spain for 6 months' and they'll immediately confiscate my card. The thing is, last time I left Spain it was by train and I didn't show my passport. I wonder if I'll be held at the airport until they've checked all of my bank details and things. :cry:
 

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Your passport is tied to your residency in the system and stamped or not just from that they will know you are resident and when you left the country.

If you have been away for over 6 months awkward questions could well be asked - or worse!
 

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Discussion Starter · #5 ·
The thing is, when I left, I didn't announce it to them, I just left thinking I would be coming straight back, but then covid happened and things got complicated -- that's why I don't get how they would know when I left.

I don't think I will be able to live in Spain again now as I will probably lose my residency, I'm more just curious about how exactly they would know. I suppose through looking at bank statements to see if I'd been using my card in Spain? Does that mean I need to bring printouts and things to show the border officers? (that is, if I do manage to get back before the 6 months).
 

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I would imagine they can tell because they must check all 3rd country residents when they leave and enter just by scanning your passport.
 

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Discussion Starter · #7 ·
I would imagine they can tell because they must check all 3rd country residents when they leave and enter just by scanning your passport.
Thing is, when I left Spain, I took the train through France and they never checked my passport. So I suppose that according to their systems, I never left, which is a bit worrying.
 

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It's the basic principle of immigration that you need to be able to demonstrate you have not stayed away longer than 6 months without exceptional reasons and not for the officials to show you have. So if the border official has any doubt over your residency, they will ask how long you have been away and it's up to you to show you are eligible to re-enter as returning resident, such as rental agreement, bank statement, payment of taxes etc. In the borderless Schengen, it will be at Schengen external border where you will be questioned if you have gone back to UK.
 

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Discussion Starter · #9 ·
Thanks a lot, I will be sure to bring those documents then if I do return before the 6 months. I need to go back at some point anyway to close my resident bank accounts.
 

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However you travelled back there must have been a point at which you had to produce your passport, that will be on record and available to authorities throughout the whole Schengen area.
 

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I didn't know you could have a 6 month old TIE. Are you sure its a TIE?

Although technically your right to reside in Span expired after 6 months away, I really doubt that they will really go to any lengths to check your movements.

If your "TIE" or certificate of residence is apparently valid when you arrive in the airport, they really have no reason to suspect or check anything. I don't think they check everyone's history at the border check unless there are grounds for suspicion.

I assume that you do not have access to the address where you are registered in Spain so I personally woud just show up, get a new place then go to change your address on the "TIE".

Of course if any questions are asked do not lie!

I was away from Spain for 3 years, although it was pre-Brexit, and when I cam back I used the same certificate of residence which had technically expired, just by changing the address. I had taken my kids out of school, declared myself as non tax resident and had obviously moved away, but it didn't cause any issue as far as extranjería were concerned.
 

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On this subject, we went to the UK mid december for a number of reasons (mainly elderly in laws), i had my green residency from October my wife applied October, and has now just picked up her TIE card. We came back last week, so when does the six months start, from mid December or Jan 1st ? We would like to pop over to see them again in the winter but are afraid of breaking the six month rule and not sure how long we could stay there.
 

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On this subject, we went to the UK mid december for a number of reasons (mainly elderly in laws), i had my green residency from October my wife applied October, and has now just picked up her TIE card. We came back last week, so when does the six months start, from mid December or Jan 1st ? We would like to pop over to see them again in the winter but are afraid of breaking the six month rule and not sure how long we could stay there.
How long have you actually been a resident?
 

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This was published in the local a couple of months ago.

How long can I stay outside Spain before I lose my residency right?

Vicky asked: “I have a TIE but am stuck in lockdown in UK and don’t want to travel at the moment, how long can I legally be out of Spain as resident?

Geddie answered: “If she was resident here for less than five years (therefore has temporal status) then absences of up to six months in a year don’t affect your status but in exceptional circumstances an absence of up to 12 months can be considered, such as illness, giving birth or an overseas posting. It’s not clear whether Covid will be considered an acceptable reason for absence.
“For more than five years and therefore permanent then you don’t have to worry about absences of up to five years.”
She emphasized that the clock started ticking the date you left Spain rather than January 1st and advises those who are unclear about whether their circumstances would fall under the “exceptional” to contact the Spanish authorities such as Spain’s consulate in London for advice.


So if the above is true, your 6 months started the date you left (although how that could be proved, if you left before dec 2020 as the UK was still part of the UK).

I had thought that the absences were cumulative and you were not allowed to be out of the country for more than 12 months in the first five years. (so 6 months year 1 will only leave you able to leave for 6 months spread over the remaining 4 years.)
Could be and am usually wrong.
 

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You will probably be okay to return but you only have 10 months absence for five years so you wont have much chance to stay in UK again for long holidays.
I'm an EU citizen, does that make a difference? Plus under the WA my wife is allowed up to 6 months every year i believe.
 

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I dont think it has anything to do with being an EU member. I always thought it was 6 months maximum in a year and 10 months cumulative in first 5 years. I was reading today that one of the strange a changes of the WA is that after 5 years you can be absent for a cumulative period of 5 years whereas EU members only have 2 years.
 
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