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Mick
09-14-2011, 08:59 PM
Hi,
Is it possible for a non EU person who is here on a holiday visa to obtain a NIE?
My brother-in-law and his wife (both non EU citizens, Kazakh) are staying with us in our apartment here in Malaga. They are here on holiday visas. I am an Irish citizen living and working here, as is my wife. She is originally from Kazakhstan but now has her Irish passport.
Basically we want for them to be allowed stay with us here but are not sure if it's possible. I keep hearing about people staying for 3 years "illegally" and then being able to get legalised - is this true? If we tried that, could they get deported?
Thanks in advance,

Mick
09-19-2011, 08:24 AM
Hi, Can anyone advise on the above question. Thanks!

Patricia
09-19-2011, 12:57 PM
Hi,
Is it possible for a non EU person who is here on a holiday visa to obtain a NIE?
My brother-in-law and his wife (both non EU citizens, Kazakh) are staying with us in our apartment here in Malaga. They are here on holiday visas. I am an Irish citizen living and working here, as is my wife. She is originally from Kazakhstan but now has her Irish passport.
Basically we want for them to be allowed stay with us here but are not sure if it's possible. I keep hearing about people staying for 3 years "illegally" and then being able to get legalised - is this true? If we tried that, could they get deported?
Thanks in advance,

Hello Mick,

The NIE certificate is a certificate that indicates the ID number assigned to a foreigner that is in need of it due to an official/administrative process, such as a property purchase, inheritance, company incorporation, etc. The NIE is not granted to a non EU citizen that is in Spain on holidays unless he/she needs it for the purposes already mentioned. Once in an irregular situation, they will not be able to apply for a NIE, as the police authorities will check their passport and find out their irregular status, which can eventually lead to the deportation. If your relatives wish to have a valid document that allows them to live and work in Spain, they will need to apply for a work and residence permit - salaried or self-employed - . This type of application cannot be applied from Spain, but from their home countries through the Spanish embassy. Your brother in law and his wife can be deported at any time once their tourist visas have expired.

In relation to your question about those foreign individuals ( non EU citizens ) that stay in Spain in an irregular situation during 3 years and then apply for the residence permit; please be informed that is part of the immigration regularization program issued ten years ago. That type of permit is called " Arraigo social" and grants the authorization to live and work in Spain to those individuals that can prove ( through valid documentation ) they have lived and stayed in Spain for 3 years and that have been offered a formal job contract with a minimum duration of one year, among other requirements.

Holding a NIE certificate does not grant permission to work and reside in Spain; it just indicates your ID number as a foreign individual.

Best Regards,