# Temporary NIE enough for work permit?



## jamoct (Nov 6, 2015)

Background: I am a non-EU spouse of a Spanish national, and we just recently applied for TARJETA RESIDENCIA DE FAMILIAR NO COMUNITARIO DE CIUDADANO DE LA UNIÓN EUROPEA. We submitted all the required papers, however the Extranjeria office told us that the application will be marked as pending as we lack some of these documents:

1. My husband's work contract OR
2. 8,000 Euros in the Bank AND private health insurance for me

My husband is currently seeking out employment (as he stayed in my country for almost a year) and would probably be employed in a couple of weeks and have the contract and continue the residencia process.

We received a paper stating what documents we still lack and a letter stating that we have to do another cita previa "Incidencias" to submit the above-mentioned papers. In that letter, it had "NIE:" on it starting with the letter "Y". 

We kind of overlooked the letter while we were in the oficina, and I just realized I had the NIE number when I read everything when we arrived home. 

I really need some advice on this, as I just had my interview with a prospective employer and they cannot continue with the hiring process without my NIE.

Would the NIE number written on the letter be sufficient enough for me to start work here in Spain? or do I really need to finish the whole process, getting the actual card from the Policia, etc.?

Appreciate any help!


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## xabiaxica (Jun 23, 2009)

jamoct said:


> Background: I am a non-EU spouse of a Spanish national, and we just recently applied for TARJETA RESIDENCIA DE FAMILIAR NO COMUNITARIO DE CIUDADANO DE LA UNIÓN EUROPEA. We submitted all the required papers, however the Extranjeria office told us that the application will be marked as pending as we lack some of these documents:
> 
> 1. My husband's work contract OR
> 2. 8,000 Euros in the Bank AND private health insurance for me
> ...


:welcome:

I'm afraid you have to wait until you have your actual resident permit before you can start work

your NIE is neither here nor there, although of course you need that - & neither is the 'Y' on it significant

as a non-EU citizen, you have to be a registered resident before you can work legally

I'm curious - & you don't have to answer of course - but without funds in the bank nor a work contract - how did your husband manage to register as resident?


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## Pesky Wesky (May 10, 2009)

xabiachica said:


> :welcome:
> 
> I'm afraid you have to wait until you have your actual resident permit before you can start work
> 
> ...


He's Spanish, isn't he?


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## xabiaxica (Jun 23, 2009)

Pesky Wesky said:


> He's Spanish, isn't he?


oops! Missed that bit!




the rest still stands though, although I thought it was a different application than TARJETA RESIDENCIA DE FAMILIAR NO COMUNITARIO DE CIUDADANO DE LA UNIÓN EUROPEA, if you were married to a Spanish National, which is what my eye caught first

but it seems I was wrong & it's the same Secretaría General de Inmigración y Emigración. Portal de la Inmigración


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## jamoct (Nov 6, 2015)

xabiachica said:


> oops! Missed that bit!
> 
> 
> 
> ...


Yes, he is Spanish. Iberian root, actually. 

Anyway, thank you for the information. I guess I just have to wait for it then.


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## jamoct (Nov 6, 2015)

So just a quick update. 

I know that I have to wait for the actual card, and I lost the opportunity to be employed a few weeks ago. However, another company that I interviewed with last week, officially offered me a position. I did voice out my concern on my pending application, the HR reviewed the said letter with the NIE number, and she told me to come back and she will prepare some documents to take with me to my next appointment with the Extranjeria (which is this Thursday), as we allotted 2 weeks for my husband to get on with his interviews, be offered a position and get his work contract.. which did not actually go to plan. Instead, I was the one who was offered with a position, and obviously I cannot get a work contract without my Social Security number.

So with that being said, the HR gave me a letter, a form of declaration with the company's name, NIF, and their intention of hiring me with my salary, position and start date written on it. She told me this would be enough for the Extranjeria, (I do hope so). 

Let's see what happens then this Thursday.


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## xabiaxica (Jun 23, 2009)

jamoct said:


> So just a quick update.
> 
> I know that I have to wait for the actual card, and I lost the opportunity to be employed a few weeks ago. However, another company that I interviewed with last week, officially offered me a position. I did voice out my concern on my pending application, the HR reviewed the said letter with the NIE number, and she told me to come back and she will prepare some documents to take with me to my next appointment with the Extranjeria (which is this Thursday), as we allotted 2 weeks for my husband to get on with his interviews, be offered a position and get his work contract.. which did not actually go to plan. Instead, I was the one who was offered with a position, and obviously I cannot get a work contract without my Social Security number.
> 
> ...


Your permission to work, hinges on your resident status.... not the other way around

You won't be granted permission to work until you have permission to live here


I'll be very surprised if the extranjería issues you with a work permit


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## jamoct (Nov 6, 2015)

xabiachica said:


> Your permission to work, hinges on your resident status.... not the other way around
> 
> You won't be granted permission to work until you have permission to live here
> 
> ...


Its kind of confusing as to how I can actually be able to stay here indefinitely in Spain even after my Schengen visa is up, so long as the application for the tarjeta is ongoing (as what the mujer from the Extranjeria told us so), yet I cannot be permitted to work..

Shouldn't family members of Spanish nationals automatically be granted residence? So that they wil not be a burden to society and actually work to help the economy. 

To have a NIE, need an employment contract or any economic, professional, official justification.
To be employed, need a Social Security number.
To have said SS number, need a NIE.

I just don't get it. Welcome to Spain, I guess?


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## kalohi (May 6, 2012)

jamoct said:


> Its kind of confusing as to how I can actually be able to stay here indefinitely in Spain even after my Schengen visa is up, so long as the application for the tarjeta is ongoing (as what the mujer from the Extranjeria told us so), yet I cannot be permitted to work..
> 
> Shouldn't family members of Spanish nationals automatically be granted residence?So that they wil not be a burden to society and actually work to help the economy.
> 
> ...


They are granted residency if the Spanish national can demonstrate the ability to economically support the family members. Otherwise those family members could very well become a burden to society, given the high level of unemployment in Spain. 

Spain isn't the only country to impose such a requirement, btw. The United States, for example, requires something similiar - the difference being that in the United States the family members must wait in their home country while the petition for residency is being processed. At least you are allowed to stay here in Spain with your spouse during the whole application process.


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## xabiaxica (Jun 23, 2009)

kalohi said:


> They are granted residency if the Spanish national can demonstrate the ability to economically support the family members. Otherwise those family members could very well become a burden to society, given the high level of unemployment in Spain.
> 
> Spain isn't the only country to impose such a requirement, btw. The United States, for example, requires something similiar - the difference being that in the United States the family members must wait in their home country while the petition for residency is being processed. At least you are allowed to stay here in Spain with your spouse during the whole application process.


It's like that in the UK too

The non-EU spouse has to remain in their home country while waiting for the application to be processed - & the UK citizen has to prove annual income of something like 19,000 GBP before an application will even be looked at

You only have to look at our Britain forum to see that many many applications are refused


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## jamoct (Nov 6, 2015)

Hi xabiachica and kalohi and others,

Thanks for all your advice/s. Application is still pending, it's my husband's work contract that they need. Will wait until my husband gets employed; for now, I shall continue with my Spanish classes! 

This forum really helped a lot.


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## jamoct (Nov 6, 2015)

Update: Residencia approved. 

http://www.expatforum.com/expats/sp...939690-tarjeta-de-residencia-application.html


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