The UK’s exit from the EU took place on 31 January 2020 and the terms of the UK’s departure are set out in the Withdrawal Agreement negotiated between the EU and the UK. The Withdrawal Agreement, which took effect on 1st February 2020, set in motion a “transition period” that amongst other things, aimed to provide more time for citizens and businesses to adapt to the UK’s departure from the EU. The transition period ended on 31 December 2020.

During the transition period, the UK continued to apply EU law, but was no longer represented in the EU institutions. From the perspective of free movement, British citizens retained the same rights as any EU citizen until 31 December 2020 — essentially, as if the UK were still a member of the EU. Therefore if you register your residency as a beneficiary of the Withdrawal Agreement you will acquire guaranteed EU citizens’ rights which includes the ability to remain indefinitely in Spain and access the same social security, healthcare, education and employment opportunities as any EU citizen living in Spain.

Before 6 July 2020, all British citizens wanting to register their residency in Spain had to apply for a Certificado de Registro de Ciudadano de la Unión (a green paper residence certificate, A4 or credit card-sized). On 6 July 2020, the Spanish government introduced a new residence document for British citizens living in Spain – the Tarjeta de Identidad del Extranjero (TIE) – a biometric photo identity card with a fingerprint.

The Withdrawal Agreement offered two options for dealing with residency requirements for British citizens living in EU countries before the end of the transition period:

Spain has opted for this second option.

Accordingly, British citizens who already have their Certificado de Registro de Ciudadano de la Unión (the green paper residence certificate) do not need to apply for this new residence document, the Tarjeta de Identidad del Extranjero (TIE). They do however, have the right to apply for and receive the new residence document that expressly reflects their status as a beneficiary of the Withdrawal Agreement. Both the green paper residence certificate and TIEs obtained under the terms of the Withdrawal Agreement confirm legal residence and protection of rights under the Withdrawal Agreement – the difference is the form of the document and the TIE explicitly states that the holder of the card is a beneficiary of the Withdrawal Agreement.

You will have to undertake the 3-step procedure introduced from 6 July 2020 to secure your residency in Spain as a beneficiary under the Withdrawal Agreement and obtain your Tarjeta de Identidad de Extranjero (TIE). See our residency section for more information on these 3 steps.

Your rights come from your living in Spain before 31 December 2020, not from possessing the Tarjeta de Identidad de Extranjero (TIE) itself.

You have the right to obtain the Tarjeta de Identidad de Extranjero (TIE) as a beneficiary under the Withdrawal Agreement if you can demonstrate that you actually and effectively started living in Spain before 31 December 2020 and that you meet the EU residence criteria on income and healthcare.

Here at TIE BREXIT SPAIN we recommend that you have as much documentation in place as possible (including your empadronamiento) to demonstrate that you were legally living in Spain before 31 December 2020.

We provide you with information and guidance to enable you to get your Tarjeta de Identidad de Extranjero (TIE) including information on what documents you need for your residency application depending on your circumstances in Spain, guidance on how to complete your application forms, and how to make appointments for your TIE. See our blog for more information.

We also offer services related to obtaining your Tarjeta de Identidad de Extranjero (TIE) at competitive prices and fixed rates.