Community scheme: for Community citizens and their families (FAQ)

We would like to answer the questions we receive regarding Community citizens and their families, which is why we collect the most frequently asked questions and situations that are usually repeated in relation to the Community regime. 
 
What is the difference between NIE, TIE and green card?
A NIE is the acronym of Foreign Identity Number, a document that identifies a foreigner with a personal number, unique and exclusive for a specific situation: receiving an inheritance, appointment of proxies, creation of a company, real estate investment, opening a bank account, buying a vehicle or legally obtaining a job. 
 
NIE allowances serve to identify a foreigner, but do not allow him to reside, let alone work (in the case of non-EU nationals). The General Directorate of the Police is requested, directly or through the Consular Offices of Spain abroad, personally or through representative.
 
The Department of Immigration of CINC Consultancy processed the nies between 10-15 days and without the need to travel to the police by the foreigner or to grant us any power as representatives, saving waiting time and with the peace of mind that its management is carried out by a team of professionals.
 
The green card is a colloquial way of referring to the European Union citizen registration certificate. This document is intended for stays of more than 3 months in Spain for EU citizens.
 
TIE stands for Foreign Identity Card. TIEs are authorizations that, depending on the type, allow: reside, study or reside and work. Every TIE contains a NIE.
 
What is the difference between community family and family reunification?
Family reunification permits belong to the general aliens' scheme for non-EU citizens, whereas family permits are part of the Community scheme.
Although they share a similar logic, authorizations for family members enjoy greater advantages than those for reunification:
 
 
Can a family member apply for a residence for another family member?
No. Community family authorizations are based on the existence of a link between Union citizens and non-EU citizens. Only those who generate the right to authorization (EU citizen) can "hook" other relatives, not who benefit from obtaining an authorization to reside and work in Spain.
 
Is it possible to apply for authorization for relatives who are not direct?
Yes, Article 2bis of RD240/2007 allows this possibility, and it is necessary to demonstrate some of these circumstances:
  1. That, in the country of origin, they are in charge or live with him.
  2. That, for serious health or disability reasons, it is strictly necessary for the Union citizen to take over the personal care of the family member.
Is it possible to retain the authorization of a family member in its own right?
Yes, as long as you can prove any of the following:
  • That the marriage or the status of a registered partner has lasted at least 3 years, until the commencement of the legal proceedings for annulment, divorce or cancellation of registration, of which at least one has occurred in Spain.
  • To have custody of the children of the Union citizen.
  • Being a victim of domestic violence.
  • Being trafficked by a spouse or partner.
  • Prove the existence of a judicial decision or mutual agreement on the right of access to the minor child residing in Spain.
  • In the event of the death of the Spanish spouse, provided that the conditions of article 10, paragraph of RD 240/2007, are met.
Is it possible to apply for the authorization of a family member in an irregular manner?
Yes, it is possible to make the application for authorization while irregularly in the Spanish territory. 
 
CINC Consultancy has a team of lawyers and professionals specialized in foreigners with extensive experience in the sector and with more than 25 years of experience that we know firsthand the procedures and procedures for foreigners and the difficulties with which they can find customers and how to solve them.
 
For more information or for any questions, you can contact the Department of Immigration and Nationality of CINC Consultancy.
 
933 030 060 (Barcelona)
972 505 100 (Figueres)
972 940 940 (Girona)
extranjeria@cinc.es
 

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