Whenever a non-EU citizen obtains a residence permit or visa for Spain that is issued with a duration of more than 6 months, they have to apply for their physical residence card (TIE; "Tarjeta de Identidad del Extranjero"; Foreigner Identity Card) within one month after either entering Spain or receiving the positive resolution.
Appointments have never been easy to get, but the lockdown and its aftermath made it almost impossible.
Depending on the workload of the Police Stations of the area where you live, this was never an easy feat. In cities with many foreigners, getting appointments at the Police Station to present your photos and fingerprints has always been a time intensive task.
Now, with the pandemic and the aftermath of the cancellation of many appointments during the state of alarm in Spain, it has become almost impossible to get an appointment within the 1-month deadline or even shortly after it has run out.
Understandably, this situation makes applicants very nervous and as immigration lawyers, we are trying to calm our clients and to take some of the worry away.
Finally, the administration has reacted and published a comment to this effect on their website!
This notice says:
"It is recalled that the (residence) authorisation granted by means of a resolution of the Foreigners Office - once the registration with the Social Security or the concession of a visa, in the corresponding cases, has occurred - produces full effects with respect to the administration and third parties and its effectiveness is not conditioned on obtaining the Foreigners' Identity Card, without prejudice to the fact that, in accordance with article 4.2 of Organic Law 4/2000, of 11 January, it (the card) must be requested within one month of its concession."
Basically, what this means is that, even if you have not been able to get an appointment to apply for your TIE, your visa or residence authorisation is still valid and its validity does not depend on you obtaining the card. Obtainment of the card is a formal obligation, not a material requirement to maintain your residence permit or visa.
If you find yourself in this situation, you have your positive resolution from the Immigration Office and now, you need an appointment at the Police Station to apply for your Foreigner Identity Card, do not worry, your visa or residence permit is not at risk and you will be able to get your card issued once an appointment for you is available.
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