Frequently Answers Questions
Is it obligatory to have a TIE?
It will become compulsory for British Citizens living or working in Spain or even frequent travellers and holiday home owners to have the new BREXIT TIE card and for many registration before 31 December 2020 is also compulsory.
For anybody who has never Registered as a Resident in Spain or who holds a white NIE Certificate or who has lost their original green NIE certificate or who have never registered at the local town hall (Empadron) (even if they’ve been employed) are required to Register prior to 31st December 2020.
For British Passport holders who are already Registered in Spain, and who possess a green NIE certificate and can prove their Spanish Residency status through their Padron certificate, and / or have an employment contract or are self-employed and have established social security contribution – the BREXIT TIE registration will be extended beyond 31st December 2020.
It is not currently obligatory but likely that with those established Residence will have to convert at some time in the future.
We strongly recommend that you complete our free questionnaire to find out what you will need to do and by when.
What happens if you don’t apply?
In the future British citizens who do not have a BREXIT TIE may only come to Spain as a tourist on a 90 day visa with NO right to work and NO right to study in Spain without applying in advance for a specific visa.
What are the advantages if you do?
Considerable ! With the BREXIT TIE British citizens retain their current rights under the Treaty of Rome giving them rights to employment, social security, health care and for property owners, preferential Residents tax treatment. Furthermore the TIE permits you to freely circulate, reside, study and work throughout the Shengen Zone, You will retain your pension rights if you’ve contributed in Spain, and continue to enjoy EU citizen tax treatment, which is especially pertinent to home owners.
These rights will also be guaranteed for direct family members, even those from non-EU countries, as long as they are already registered (Empadronados) or do so before 31st December 2020. So if your spouse is a non-EU citizen, they retain the benefits of being a partner of an EU citizen, even if they have not been previously registered so long as it happens before 31st December 2020.
Which is the process?
The process for applying for the BREXIT TIE is straight forward but it is essential you have all your documentation 100% correct and up to date, you have the necessary original documents and clear copies, the correct application forms correctly filled out and signed.
Don’t make your BREXIT TIE appointment before you know you will have an original NIE certificate and Padron certificate. Even if you have an NIE renewal or first time application appointment it may take up to 4-6 weeks for the NIE to be processed and issued
The process is as follows:
1. Obtain an appointment “Cita Previa” with your local assigned national police station.
2. Fill out and complete an EX23 form and sign
3. Bring original valid passport and photocopy
4. Bring original green NIE certificate and photocopy
5. Bring original Padron certificate (less than three months old) and copy
6. Bring 1 passport sized recent original photo.
7. Make payment of fees at a local bank?
8. Obtain a collection appointment and collect your card.
You must attend the appointment in person and your documentation will then be reviewed for correctness and completeness and you fingerprints will then taken. You will be given a reference. You will be notified when your document is ready. You will need to a further appointment to pick up your card.
What if I don’t have all my documents in order?
TIE cards will be valid for either five years or ten years, depending on how long the British citizen has been living in Spain. Both cards are renewable with those with the five year card being issued a permanently 10 year card.
How long will the TIE residency card be valid for?
You will need to get your documents up to date and in order prior to starting your BREXIT TIE process.
What if I’ve registered as a resident in Spain but I’m not there when Brexit officially happens?
The Withdrawal Agreement does not require the physical presence of UK residents of Spain at the end of the transitional period on 31st December 2020. Any temporary absences that do not affect the right of residence outside Spain must be accepted, in accordance with article 11 of the Withdrawal Agreement. These absence thresholds are in most cases 6 months for temporary residents who haven’t lived in Spain for more than five years and 2 years for permanent residents who’ve lived in Spain for more than 5 years. In either case if you think you will be coming back to Spain or want to keep the option of a BREXIT NIE then we recommend applying before 31st December 2020.
What about if I was issued a green residency document but I haven’t resided in Spain continuously?
Spanish migration authorities say they “will presume that the start of your legal residence in Spain occurred on the date of issuance of the temporary registration certificate”.
That means that if you received either the green residence certificate or card more than five years ago but haven’t lived in Spain continuously since then, you can still apply for permanent residency in the form of a TIE card valid for ten years
What if I can’t get an appointment before December 31st?
The Spanish government has made great efforts in providing extra staffing and specialist office to deal with the expected overload to process the estimated 400,000 British national officially living in Spain, especially in the popular British areas and major cities. Even so unsurprisingly, backlogs are already being reported.
The most important but also sometimes the hardest stage is the Appointment “Cita Previa” which can be obtained online or in smaller provinces by telephone. Either way demand is high and Appointments hard to obtain or allocated several weeks forward.
Specialist consultants and lawyers often have priority access to the “Cita Previa” system and we may be able to obtain appointments when you can’t and towards the deadline may be allowed to file applications even if there are no appointments available prior to the deadline.
The most important thing therefore if you fall in the obligatory category is to start your process early but don’t start the appointment process until you have everything else ready