# How do they calculate how long you've been resident? (citizenship)



## membawa (Dec 16, 2019)

I've been living and working in Spain since 2014.

However, because I was young and stupid (yes, I know, no reason to scold me), I never actually got around to getting my permanent green NIE until 2017, and didn't get 'empadronado' until 2018.

If I ever apply for residency, would I ever be able to convince them I'd been resident since 2014? (I have proof that I've been working non-stop, _vida laboral_ etc.)

Or would they only calculate it based on how long I've been _empadronado_? (I think this is the case, to be honest).

Any insight would be greatly appreciated.


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## xicoalc (Apr 20, 2010)

I think you'd have to try to persuade them based on what you have. But vida laboral doesn't make you by default resident. You could, for example, have been working for a Spanish company but anywhere in the world.

What you have to show is 10 years legal residency. 

You may have a 3 year gap there thats hard to justify total permanent residence. When i was looking into it as a plan b with brexit, i seem to remember the lawyer saying that one document I'd need was the padron and historic padron (a summary since day 1) 

Cant be 100 % sure but you have to show 10 years uninterrupted permanent residency for nationality


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## membawa (Dec 16, 2019)

That's what I suspected to be honest.

I suppose I could show that I'd been living in Spain all that time through bank statements, tax returns etc but I suppose not being _empadronado_ isn't classed as legal residency, you're right.

I gather that they calculate the length of residency solely based on the _empadronamiento_, judging from the list of documents specified on the website.

Thanks for the advice!


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## Relyat (Sep 29, 2013)

You say "permanent green NIE". 

The NIE is permanent. The green card is issued as a residency certificate. It can be issued at the same time as the NIE is issued. 

Please clarify what document you have.


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## membawa (Dec 16, 2019)

By green NIE I was talking about the residency certificate yes. I now have the TIE.


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## Relyat (Sep 29, 2013)

Thanks for clarifying.


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## membawa (Dec 16, 2019)

Do you have anything else to add or did you just not like that I called it the wrong name? Haha

But you're right, yes, the NIE number is permanent once you get it.


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## Alcalaina (Aug 6, 2010)

membawa said:


> By green NIE I was talking about the residency certificate yes. I now have the TIE.


The date of that certificate is the date you became officially resident. You have your TIE. So what’s the problem?


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## membawa (Dec 16, 2019)

Alcalaina said:


> The date of that certificate is the date you became officially resident. You have your TIE. So what’s the problem?


Apparently they ask for a certificate of _empadronamiento_ and that's what they base their calculation on. And I didn't do my _empadronamiento_ until 2018, meaning I would have to wait until 2028 to apply for citizenship. Not entirely sure though!

Would be good if they take the date that's on the green NIE because then I could apply one year earlier.


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## Alcalaina (Aug 6, 2010)

membawa said:


> Apparently they ask for a certificate of _empadronamiento_ and that's what they base their calculation on. And I didn't do my _empadronamiento_ until 2018, meaning I would have to wait until 2028 to apply for citizenship. Not entirely sure though!
> 
> Would be good if they take the date that's on the green NIE because then I could apply one year earlier.


Sorry, I didn’t realise you were talking about applying for citizenship. I’m sure they will take the date from the residency certificate, 2014, as that has more weight than a padrón certificate (you could have lived in various different places between 2014 and 2018, surely they wouldn’t ask for them all!).


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## Relyat (Sep 29, 2013)

membawa said:


> Do you have anything else to add or did you just not like that I called it the wrong name? Haha
> 
> But you're right, yes, the NIE number is permanent once you get it.


I was not clear whether you were a resident or not, you've cleared that up. 

All I would have added has been asked since then.


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## MataMata (Nov 30, 2008)

Full and complete residence is a combination of residencia (TIE), padron and at least a first tax return even if no tax liability arises.

On that final point not everyone understands that they are supposed to submit that first return because until they do they are not actually in the system something which could cause headaches and delays later on in case of say the death of a spouse or an inheritance etc. anything which would bring you into contact with the Hacienda.

If nothing else if a pensioner on an S1 without doing that first return you will never get free prescriptions as that's tied to income so you need do it to alert the Hacienda that your income is below the threshold or you will continue to pay 10%.


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## kaipa (Aug 3, 2013)

Your residency is taken from your date on your green card. I was told this as I wanted to know when my permanent period 5 years starts. They told me that it was the date on the card. I was here 5 months before I actually got a green card as my initial application was rejected and I was told they wanted to see 3 months autonomo. I was on padron immediately as I needed it for school. So I thought initially my padron would be my 5 year date but apparently not.


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## membawa (Dec 16, 2019)

Thanks everyone for your responses!


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## Pesky Wesky (May 10, 2009)

kaipa said:


> Your residency is taken from your date on your green card. I was told this as I wanted to know when my permanent period 5 years starts. They told me that it was the date on the card. I was here 5 months before I actually got a green card as my initial application was rejected and I was told they wanted to see 3 months autonomo. I was on padron immediately as I needed it for school. So I thought initially my padron would be my 5 year date but apparently not.


This is correct


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## Overandout (Nov 10, 2012)

kaipa said:


> Your residency is taken from your date on your green card. I was told this as I wanted to know when my permanent period 5 years starts. They told me that it was the date on the card. I was here 5 months before I actually got a green card as my initial application was rejected and I was told they wanted to see 3 months autonomo. I was on padron immediately as I needed it for school. So I thought initially my padron would be my 5 year date but apparently not.


Yes, and those of us who correctly registered for a green cert as soon as it came out lost the evidence of the previous years' legal residency.

I had the TIE since 2004, but when it expired and I applied for my first green cert, they put the date of the issue of the certificate, not the date I initially obtained my TIE in 2004. I thought nothing of it at the time but that date has stuck with me ever since and been carried over onto all the renewed certificates, so now I have several years less "legal residence" documented, even thgough I still have my old TIE dated 2004... I have "complained" several times but the usual response is a shrugged shoulders and blank stare!!


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## mrypg9 (Apr 26, 2008)

membawa said:


> Apparently they ask for a certificate of _empadronamiento_ and that's what they base their calculation on. And I didn't do my _empadronamiento_ until 2018, meaning I would have to wait until 2028 to apply for citizenship. Not entirely sure though!
> 
> Would be good if they take the date that's on the green NIE because then I could apply one year earlier.


I didńt have to supply a Certificado de Empadronamiento when I applied to become a Spanish citizen. The Residency card or paper determines to date from which your time in Spain is counted. You need ten years.


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## snikpoh (Nov 19, 2007)

MataMata said:


> Full and complete residence is a combination of residencia (TIE), padron and at least a first tax return even if no tax liability arises.
> 
> On that final point not everyone understands that they are supposed to submit that first return because until they do they are not actually in the system something which could cause headaches and delays later on in case of say the death of a spouse or an inheritance etc. anything which would bring you into contact with the Hacienda.
> 
> If nothing else if a pensioner on an S1 without doing that first return you will never get free prescriptions as that's tied to income so you need do it to alert the Hacienda that your income is below the threshold or you will continue to pay 10%.



You don't actually NEED to do a tax return but I certainly agree that it's a very good idea.


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