01What it is and who it is for
The Withdrawal Agreement between the EU and the UK protects British nationals who were lawfully living in Spain before the end of the transition period on 31 December 2020 and who still live here. You keep rights very close to those of EU citizens: you can live, work and study in Spain without a work permit. Spain chose a declaratory system, so you did not have to apply for a new status. You can, however, obtain a residence card that proves it, and there are now strong practical reasons to do so.
That card is the foreigner identity card (Tarjeta de Identidad de Extranjero, TIE) marked «Artículo 50 TUE». Now that the EU Entry/Exit System (EES) is in operation, both the Spanish and the UK governments state that the TIE is the only document that exempts Withdrawal Agreement beneficiaries from having their stays recorded and counted at the border. The old green certificate (certificado de registro) is still valid proof of residence inside Spain, but it will not be accepted for this purpose at Spanish or other Schengen borders.
British nationals who moved to Spain on or after 1 January 2021, without a pre-existing family link to a beneficiary, are not covered. They come under Spain's general immigration rules, like any other non-EU national, and need a visa and residence permit.
02Requirements
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03Documents
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04How we handle it online
- Review
We confirm whether you are a Withdrawal Agreement beneficiary, the date from which your residence counts, any long absences, and whether you qualify for the five-year or the permanent card.
- With a green certificate: one step
We prepare form EX-23 and the fee and book your fingerprint appointment (cita previa) at the police station, where the certificate is exchanged for the TIE.
- Without a green certificate: two steps
We file form EX-20 electronically as your representatives with the immigration office (Oficina de Extranjería) for your province, with your evidence organised year by year. The office has three months to decide.
- Card at the police station
Once approved, you have one month to request the card. We book the appointment and prepare form EX-23 and the fee.
- Permanent card and renewals
When you reach five years of residence, we help you apply for the permanent TIE without waiting for the five-year card to expire, and we keep track of your renewal dates.
- If the application is refused
Decisions by the immigration office in this procedure can be challenged by an administrative appeal (recurso de alzada) to the Government Delegation or Sub-delegation, within one month. We review the reasons and tell you plainly whether an appeal is worthwhile.
05Timescales and validity
There is no fixed deadline to exchange a green certificate for a TIE, but the Spanish authorities recommend doing it as soon as possible. If you never registered, the longer you wait the harder it becomes to prove residence before 2021.
The immigration office must decide an EX-20 application within three months. You then have one month to apply for the card at the police station.
The temporary TIE is valid for five years. The permanent TIE is valid for ten years and renews automatically every ten years. Renewal is requested in the month before expiry, or within three months after it, in which case a fine may apply. Failing to renew a permanent card on time does not cause you to lose your right of permanent residence.
Absences: until you have permanent residence, continuity is not broken by absences totalling up to six months a year, or by a single absence of up to twelve consecutive months for an important reason such as pregnancy and childbirth, serious illness, study or vocational training, or a posting abroad. Once acquired, permanent residence is only lost through an absence from Spain of more than five consecutive years.
06Do I need to attend anything in person?
Issuing the TIE requires you to attend a police station in person: your fingerprints are taken and you collect the card yourself, showing your valid passport. Where there is no green certificate, the first stage at the immigration office can be filed by a representative electronically, so you do not need to attend for that part.
07Common mistakes and reasons for refusal
- Travelling on the green certificate alone: at the border it does not exempt you from EES registration and the 90/180 day count.
- Assuming that being physically present in Spain before 2021 is enough. You must have been resident under EU rules: working, self-sufficient with health cover, or studying.
- Submitting scattered evidence that leaves gaps. Proof should cover your residence continuously, year by year.
- Waiting for the five-year TIE to expire when you already have five years of residence and could hold the permanent card.
- Spending long periods in the UK without checking the absence rules first, especially before acquiring permanent residence.
- Applying under the Agreement for a spouse or partner whose relationship began after 2020: future family members are not covered, with the exception of children.
08Frequently asked questions
I have a green certificate. Do I have to exchange it for a TIE?
Your green certificate remains valid proof of residence within Spain. However, it is not accepted at the border for EES purposes, and both the Spanish and the UK governments advise exchanging it. If you travel, the TIE avoids problems when entering and leaving the Schengen area.
I moved to Spain in 2020 but never registered. Am I too late?
Not necessarily. If you can show that you were lawfully resident in Spain before 1 January 2021 and still live here, you can apply with form EX-20 at the immigration office, using any lawful evidence. We review your documents before filing, so that you know whether the evidence is strong enough.
When can I apply for the permanent TIE?
Once you have five years of continuous lawful residence in Spain, even if your five-year card has not expired. If you had a registration certificate, you apply directly at the police station; otherwise the application goes through the immigration office first.
Can I spend the winter in the UK without losing my rights?
It depends on your status. Before permanent residence, absences should not exceed six months a year in total, apart from one absence of up to twelve months for an important reason. With permanent residence, you only lose the right after more than five consecutive years away from Spain.
My spouse is not British. Are they covered?
Yes, if the relationship existed before the end of the transition period and they live with you in Spain under the Agreement. Non-EU family members without an EU family card apply with form EX-21. If the relationship began after 2020, they will need to use the general immigration rules.
I moved to Spain in 2023. What are my options?
You are not covered by the Withdrawal Agreement, so the general rules apply. The usual routes are non-lucrative residence (residencia no lucrativa), if you live on a pension, savings or investment income, and the digital nomad visa, if you work remotely for employers or clients outside Spain.
Does the Withdrawal Agreement TIE let me live in another EU country?
No. Your protected residence rights apply in Spain only. Elsewhere in the Schengen area the short-stay rules apply, and residing there depends on that country's own law.
Do I need a work permit with this TIE?
No. The Withdrawal Agreement TIE allows you to work as an employee or be self-employed in Spain without any additional authorisation, and a student who starts working does not need to change the card.
Do EES/ETIAS affect me if I hold a Withdrawal Agreement TIE?
The EU Entry/Exit System (EES) started on 12 October 2025 and has been fully operational since 10 April 2026. According to the European Commission it does not apply to holders of residence permits, so with your Withdrawal Agreement TIE your entries and exits are not recorded and your residence in Spain does not count towards the 90 days in any 180-day period. ETIAS, the pre-travel authorisation that UK visitors without residence will need, is not yet in operation; once it starts, Withdrawal Agreement beneficiaries holding a residence document in the uniform format, such as the TIE, will be exempt. We therefore recommend always travelling with both your TIE and your valid passport.
When and how do I renew my 5-year TIE?
Renewal is requested in the month before expiry or, with a possible fine, within the three months after it. In most cases, however, by the time the five-year card expires you will already have five years of continuous lawful residence, so the right step is to apply for the permanent ten-year TIE, which you can do even before the current card expires. You apply at the police station with an appointment (cita previa), bringing form EX-23, your valid passport, a photo and the fee on form 790 code 012, which the National Police's official fee form showed as €12 in October 2026. Fingerprints must be given in person.
09Legal basis
- EU UK Withdrawal Agreement, articles 10, 11, 15 and 18(4)
- Resolution of 2 July 2020 publishing the joint Instruction of the Directorate General for Migration and the Directorate General of the Police (Spanish Official Gazette, BOE, 4 July 2020)
- Royal Decree 240/2007 on the residence of EU citizens, as the reference framework applied by the Agreement
- Law 39/2015, articles 121 and 122 (administrative appeal, recurso de alzada)
Information reviewed on 03.10.2026 against the law in force. This page is for general information and is not a substitute for advice on your own case.