Posted: Tue Jul 7, 2020 7:05pm
Further info on the process, originally posted by Anne Hernández, Brexpats in Spain:
THE TIE (RESIDENT CARD) FOR NON-EU CITIZENS (BRITISH CITIZENS IN ACCORDANCE WITH THE WITHDRAWAL AGREEMENT)
I cannot stress this enough but if you already have a green residency (A4 paper or credit-card size) you do NOT have to do anything to exchange it for the TIE. Until further notice and, for as long as you remain a resident here, that green residency will remain valid. You can apply to exchange it on a voluntary basis at any time but it is NOT an obligation to do so. In fact, it is preferred you wait until after the transition period to avoid clogging up the system because many newly arriving Brits are going to be rushing to get theirs!
You are legally obliged to keep it updated though - change of address etc and this can be done at your nearest National Police station or, in its absence, from the Foreign Office of your province (both by prior appointment). To prove your change of address it is advised to take a current padrón (issued within the last 3 months) from your local town hall that proves you are an inhabitant of the municipio. If you change from renting to buying a property then for a few euros you can also get a new Nota Simple (summary of Deeds) from the Property Registry that proves you to be the owner.
If you have had your green residency for 5 years and want to change from temporary to permanent, as before, by prior appointment, you can also do this at the nearest National Police station.
For any changes to your existing green residency, apart from the TIE application form, the only extra thing you will need to take that you didn’t need to present before is a colour passport photo (Spanish-sized not UK-sized) because you will be issued with a TIE and might also be needing fingerprints but that is yet to be clarified.
The UK had until 30 June to request an extension to the transition period, it did not so after 31 December, that period will end and things will change for new arrivals to Spain after that date because we shall become third-country nationals. As EU citizens it was our right to reside in an EU country, as third-country nationals we have follow a different system of the country to allow us to reside. Spain has opted for the declaratory system so the grace period of 6 months thereafter (until end June 2021) does not apply.
What does this mean?
Any British nationals who do not already have a green residency should apply for their TIE before 31 December if they wish to take advantage of the Withdrawal Agreement that protects our rights as EU citizens until then. For those who apply after 31 December 2020 but have been living in Spain prior to this date will have to prove the fact of their residency in Spain and we do not have confirmation of what evidence they would accept to demonstrate this.
This involves a new system. Until 31 December the same documentation is required plus a photo and possibly fingerprints, the TIE application form must be completed and presented with the documentation. The initial application must be made at the province’s Foreign Office by prior appointment or online using your digital signature, if you have one. Within 3 months you will receive their decision and, if positive, an appointment must be made within one month at your nearest National Police station to then collect your TIE. If a negative decision is given, you are entitled to lodge your appeal.
This same new 2-step system will apply for all Brits arriving after 31 December who wish to apply for residency but they will have to meet the more strict requirements as third-country nationals.