If you have been living in Spain legally since before 1 January 2021, you and your family members have rights under the Withdrawal Agreement. You must ensure you are correctly registered as a resident. Your children must also be registered with their own residency documents.
If you registered as a resident before 6 July 2020, you will have a green A4 certificate or credit card-sized piece of paper from Extranjeria or the Police called a ‘Green Certificate’. Whilst this remains a valid residency document, the British Embassy in Spain and the Spanish Government strongly recommend that you register for a ‘Tarjeta de Identidad de Extranjero (TIE)’.
Most British residents in Spain hold a TIE. It is a biometric ID card with ‘Articulo 50 TUE’ printed on it, which shows that you have rights under the Withdrawal Agreement. It is more durable and widely recognised across Spain and the EU than the Green Certificate. It also simplifies administrative processes and border crossings, because it is listed in the EU’s Schengen Border Guard Handbook, whilst the non-biometric Green Certificate is not.
To be exempt from registering with the EU’s Entry Exit Scheme (due to start in Autumn 2024) British residents in the EU will be required to show a uniform-format biometric card which is listed as a residency document under the Withdrawal Agreement. For residents of Spain, that card is the TIE.
It is expected that Green Certificate holders may face significant delays and difficulties at borders if they do not have a TIE. Contact the Spanish Government’s ‘Extranjeria’ offices for information on how to apply for the new TIE.
If you were living in Spain prior to 1st January 2021 but you don’t have any residency documents and are registering for the first time, you will be asked to submit evidence to prove that you complied with the residency criteria at the time (e.g. you were registered on the municipal registry (padron municipal). If your application is successful, you will be issued with a biometric residence card called a ‘Tarjeta de Identidad de Extranjero (TIE).’ This card has ‘Articulo 50 TUE’ printed on it which shows that you have rights under the Withdrawal Agreement. If your application is rejected, you may be able to appeal. For further information see ‘Appeal process’ section below.
Residency certificate recognition (certificado de registro – ‘green residency certificate’)
If you have difficulty using your green A4 certificate or credit card-sized piece of paper within Spain, you can refer to this Letter confirming the continued recognition of the certificate of registration (green residency certificate) for UK residents in Spain (PDF, 216 KB, 2 pages). This document sets out the most relevant official Spanish government websites that confirm the validity of the Green Certificate document as valid proof of residency status in Spain, and therefore, entitlement to public services.
Please note that the Green Certificate is non-biometric and not referenced in the UK-EU Withdrawal Agreement or Annex 22 of the Schengen Border Guard Handbook. It is therefore not compatible with EU’s Entry Exit Scheme (EES) and British residents in possession of the Green Certificate will lose out on the resident exemption and will likely encounter difficulties when crossing a Schengen border. To ensure you are exempt from registering with EES checks, you will need to show a TIE. Contact the Spanish Government’s ‘Extranjeria’ offices for information on how to apply for a TIE.
View the EU’s frequently asked questions about the EES for more details.
If you need help from an expert here in Javea, we suggest you contact Georgina Duncan at Scorchio.
