Getting TIE now

@sgunning

I don't think it's a "foregone conclusion" that you'll get your TIE. You might, or you might not, it depends on the basis of your appeal, and the quality of the submission.

However, I agree that you should try as you seem to have lots of evidence that you have been living in Spain for many years, and have a partner and child there. Indeed, one could argue that you should have had a TIE as a Permanent Resident by now (as your partner almost certainly has). Overall, I'd be very hopeful.

In theory, Brits living in Spain BEFORE Brexit have residence rights under the Withdrawal Agreement. The problem is that it can be a bit of grey area, especially if you're trying to formalize it so many years afterwards. The other issue is that they have been quite insistent on proof of health insurance during the period in Spain. Ideally, private health policies, but proof of public Spanish cover (not UK) as a result of your social security contributions in Spain should also be acceptable. (I'm not sure that it's a legitimate requirement under the WA, so this might be one basis for the appeal.) Another positive is that, officially, the EU Citizen Registration Certificate (if that's what you had) does not expire, even if it has an expiry date on it!

In any case, you also have an alternative option which is to apply for Family Reunification (as the partner) of a legal Spanish resident. Having a child in Spain is a plus, but I don't think adult children can do Family Reunification for a parent.

The complication for this is that Spain is a bit picky about your partnership status. Being married is easy. Being FORMALLY Pareja de Hecho is next best. Simply being cohabiting partners is the most tricky, even though this option is formally allowed under EU Directives (cohabiting couples in a "durable" relationship of more than 2 years). However, it is (or was) possible (we did it). I am not 100% sure, but I believe that having a child together is normally accepted as proof that you are, in fact, in a relationship. :-) (The proof is a legalized birth certificate for your child, showing the names of both parents, which match your passport and that of your partner.)

Good luck!

Thanks a lot for this reply. The lawyer has sent the appeal and he said we have all the evidence.... It simply depends on who reads it. I certainly hooe they will say yes, as I have only 1 home.... This 1 in Spain!

Thanks again.