THE UK-EU WITHDRAWAL AGREEMENT
All UK nationals who were legally resident in Spain at the end of 2020 have their rights protected, including the right to live and work in Spain as well as lifelong access to healthcare for UK state pensioners, including those who claim a pension in the future.
In July 2020, the Spanish Government introduced a new residency document for UK nationals, known as the ‘Tarjeta de Identidad de Extranjero (TIE)’ – the Foreigner’s Identity Card. This biometric card explicitly states that it has been issued to the holder under the terms of the Withdrawal Agreement. All UK nationals legally resident in Spain before 1 January 2021 have the right to request this card.
If you already have the green residency certificate – known as the CUE – in A4 or credit-card sized version, you are advised to change to a TIE as soon as possible since it has been confirmed by the British Embassy that the green certificate will not be considered a valid proof of residency when the EU’s ‘Entry Exit System (EES)’ comes into operation.
This will be a system for registering non-EU citizens (including those from the UK) each time they enter or exit the EU which will replace the time-consuming procedure of manually stamping of passports. UK citizens legally resident in Spain will be exempt from registering with EES if they hold the TIE card which provides the biometric data required by the system. Those trying to use the green certificate at the border may be wrongly identified as overstaying in the Schengen area and therefore, denied entry to Spain or other Schengen countries.
NOTE: UK citizens who registered as resident after July 6th 2020 but were living in Spain before January 1st 2021 will need to complete Form EX-20 which should be submitted to the immigration office in the province of Alicante. This can be done electronically if you have a digital certificate, otherwise it will mean a trip to the immigration office. The form should be accompanied by a valid passport, documentation that proves residency in Spain before January 1st 2021, and proof that the applicant meets EU residency criteria on income and healthcare. Note than many offices will require photocopies of all official documents, including the passport.
The Spanish Government have issued a Residency Q&A for further information on the residency process; click here.
THE TIE APPLICATION
There are four steps to follow; click on the link for each step for more information:
Step 1 – Getting Prepared
Step 2 – Getting an Appointment
Step 3 – The Application Process
Step 4 – Collecting your Card
STEP ONE
Getting Prepared
The first step in the process is to prepare all the necessary documentation which will need to be presented to the National Police in Alicante.
You will need the following:
- Form EX-23 – Solicitud de Tarjeta (Art.18.4 del Acuerdo de Retirada)
- Form Modelo 790 Código 12 – Reconocimientos, Autorizaciones y Concursos
- Green EU Residency Certificate or Card
- Certificado de Empadronamiento – less than three months old.
- Passport
- One photograph, DNI/TIE size
Form EX-23 – Solicitud de Tarjeta (Art.18.4 del Acuerdo de Retirada)
This is your application form. Download it here and fill it out either online or in black ink.
Page 1 – Section 1
It is absolutely essential to fill out this section correctly and without errors. Use capital letters and, if you’ve printed it out, use black ink only.
- PASAPORTE – your passport number
- NIE – your NIE number, i.e. X-12345678-A
- 1er Apellido – your surname
- 2er Apellido – leave blank
- Nombre – your first and second names
- Sexo – Sex, H-male / M-female
- Fecha de Nacimiento – date of birth in the format ‘dd/mm/yyyy’
- Lugar – place of birth
- País – country of birth, i.e. REINO UNIDO
- Nacionalidad – nationality, i.e. REINO UNIDO
- Estado Civil – marital status, S-single / C-married / V-widowed / D-divorced / Sp-separated
- Nombre del Padre – father’s full name
- Nombre de la Madre – mother’s full name
- Domicilio en España – address (street name), i.e. CALLE MAYOR
- No. – house number / apartment block number
- Piso – apartment number (leave blank if you live in a house)
- Localidad – your municipality, i.e. JÁVEA
- C.P. – your municipality’s post code, i.e. 03730 (for Jávea)
- Provincia – your province, i.e. ALICANTE
- Teléfono Móvil – your mobile phone number
- E-mail – your e-mail address
- Representante Legal – leave blank
Page 1 – Section 2
Leave blank
Page 1 – Section 3
Your contact details. You don’t have to fill it out but we recommend doing so just in case.
- Nombre/Razón Social – your full name
- DNI/NIE/PAS – your NIE number, i.e. X-12345678-A
- Domicilio en España – address (street name), i.e. CALLE MAYOR
- No. – house number / apartment block number
- Piso – apartment number (leave blank if you live in a house)
- Localidad – your municipality, i.e. JÁVEA
- C.P. – your municipality’s post code, i.e. 03730 (for Jávea)
- Provincia – your province, i.e. ALICANTE
- Teléfono Móvil – your mobile phone number
- E-mail – your e-mail address
Tick the box to consent to data protection.
Page 2
Nombres y apellidos en titular: write your full name
Page 2 – Section 4
- 4.1 TIPO DE DOCUMENTO
Select RENOVACIÓN DE TARJETA - 4.2 SITUACIÓN EN ESPAÑA
Select RESIDENCIA CON CERTIFICADO DE REGISTRO DE CIUDADANO DE LA UNIÓN
Print out the form twice so that you have an ‘original’ and a ‘copy’. You don’t have to sign it straight away – in fact, we recommend not signing it until the day that you attend your appointment.
Form Modelo 790 Código 12
You will need to pay a small fee for your application and this needs to be paid in advance at a bank. You will receive a stamped receipt which you will then submit with the rest of the documentation when you make your application at the National Police in Alicante.
Form Modelo 790 is a standard form for paying taxes and fees and can only be filled in online and then printed out to take to the bank. You’ll need to ensure that you select the right box for the application you are making so that you will pay the right amount.
You can access the form here.
Click on Rellenar formulario y descarger to access the form.
IDENTIFICACIÓN
- N.I.F./N.I.E – your NIE number, i.e. X-12345678-A
- Apellidos y nombre or razón social – surname then names, i.e. SMITH, JOHN HENRY
- Tipo de vía – road type, i.e. CALLE, CARRER, AVENIDA, CAMÍ, etc.
- Nombre de la vía publica – road name, i.e. MAYOR, PALMELA, ULTRAMAR, etc.
- Núm. – house number / apartment block number
- Escalera – stairwell number (apartment)
- Piso – floor (apartment)
- Puerta – apartment number
- Telefóno – telephone contact number
- Municipio – municipality, i.e. JÁVEA
- Provincia – province, i.e. ALICANTE
- Código Postal – municipality post code i.e. 03730 (for Jávea)
AUTOLIQUIDACIÓN
Make sure that Principal is selected.
Tarjetas de identidad de extranjeros (TIE) y certificados de registro de residentes comunitarios.
Select: “Certificado de registro de residente comunitario o Tarjeta de residencia de familiar de un ciudadano de la Unión.”
DECLARANTE
- Localidad – your municipality, i.e. JÁVEA
- Fecha – the date will be autofilled
INGRESO
- Importe euros – the amount will be autofilled, i.e. 12.00 €
- En efectivo – select this option if you are paying in cash in any bank
- E.C. Adeudo en cuenta – select this option if you are paying at your own bank and then enter your account in IBAN format in the field below.
Introduce the characters displayed in the box below to prove that you are human and then press [Descargar impreso rellenado] to generate a three-page PDF document which you should print out and take to the bank to pay the required fee. Note: this payment cannot be made using an ATM; we asked, you can’t do it.
Take the whole document with you with the rest of the documentation.
EU Residency Certificate
You’ll need to dig out your original EU residency certificate. If you have lost it – or realise that you don’t have one, that’s a whole different ball game. You’ll first need to fill out Form EX-20 – click here – to demonstrate that you have been legally resident in Spain prior to 2021 and then apply for residency. In this case, we strongly recommend using the services of a professional such as Carmen Alesanco to hold your hand through the process.
Certificado de Empadronamiento
This document proves that you are registered as a resident in Jávea and should be requested from the town hall offices in Avenida Trenc d’Alba – the OAC building in Portal del Clot – as the document can’t be more than three months old.
If you are making individual applications for exchange for TIE, we recommend getting a certificate for each person as you will not receive the same appointment time at the National Police station and each certificate can be personalised.
Make a copy of this document for your own records as the National Police will take the original as part of the application process.
Passport
Your UK passport must have at least six months left on its validity at the time you are making the application. You don’t need to take a copy as the National Police will scan it during the application process.
In the event that it has expired and you have applied for a renewal, a copy of the expired passport and the renewal application must be provided.
Photograph
You must provide one photograph whose dimensions are smaller than the standard passport-sized photo at 32mm x 26mm. Fotocolor Aguado, located in Avenida de l’Arenal in the Arenal beach zone, can produce these photos for you.
Once you have gathered all this documentation together, we recommend placing it all into a dedicated folder (with a pen) and it wouldn’t hurt to make at least one copy of your residency certificate, padron certificate and passport, just in case.
So, now we have our paperwork, we need to book our appointment.
STEP TWO
Getting an Appointment
Getting an appointment is going to be one of the biggest hurdles that you’ll need to overcome! With so many Brits who have been living in Spain prior to Brexit applying for legal residency, the system has become saturated but there is no sign of the authorities hiring any more staff to deal with the huge demand. You’ll just need to be patient – and also be prepared to travel.
For sheer convenience, everyone would want to get an appointment at the closest office to their home and for us here in Xàbia, this office is located in Dénia. But getting an appointment has become very difficult, even for the professionals, and if you want to complete the procedure as quickly as it will allow, you should be prepared to travel, such as to Alicante or even inland to towns such as Elda. It’s inconvenient but it can be difference between waiting six weeks or waiting six months – or even longer – for an appointment.
Note: If you are a couple or family and you are looking for multiple appointments, you will have to do separate appointment applications for each person. If you want appointment close together, each person should go online at the same time on different devices. It just needs a bit of coordination. Be aware that the appointment lists are time-sensitive and will time out after a few minutes.
Click here to access the government website to make the appointment.
- On the opening preamble page, scroll down to the bottom and click [Acceder al Procedimiento] to start the appointment process.
- PROVINCIAS DISPONIBLES – Select “Alicante” and press [Aceptar].
- OFICINA – Select “Cualquier Oficina” as we’ve found that this will give you a better chance of getting an appointment quickly, even if it does mean making a trip to Alicante or to towns other than Dénia.
- TRAMITES OFICINAS DE EXTRANJERIA – ignore.
- TRAMITES CUERPO NACIONAL DE POLICIA – Select “POLICIA-TOMA DE HUELLA (EXPEDICIÓN DE TARJETA), RENOVACIÓN DE TARJETA DE LARGA DURACIÓN Y DUPLICADO”.
- Press [Aceptar].
- The next page confirms the documentation you will be required to provide for your application. Scroll to the bottom and click on [Entrar] to continue.
- Enter your NIE (i.e. X-12345678-A) and your NOMBRE Y APELLIDOS (for FULL NAME as it appears on your residency certificate or card) and for nationality in PAÍS DE NACIONALIDAD from the drop-down menu (in this case, REINO UNIDO), then click on [Entrar] to continue.
- On the next page click on [CITA PREVIA] to request an appointment. The system will provide the location of the appointment and the available slots for that appointment. If there are none available, the system will tell you immediately and you will have to wait and try again as they release more appointment slots daily.
- After selecting an appointment, you will receive a code on your mobile phone which you will need to enter straight away as the application is time-sensitive. If you are accepted, you will receive a confirmation e-mail which will include your appointment number, the office, the date, the time and the specific table to which you will need to submit your application.
So, we’ve got all the paperwork together and now we’ve have an appointment. Let’s head off to to get it done.
STEP THREE
The Application Process
Wherever you manage to get your appointment, the application process is broadly the same. And remember: this process can’t be done by a representative – you must present the documents at the allocated office in person.
We advise arriving at the allocated office in good time. In some places, you’ll be able to walk straight in and take a chair in the waiting room. In other places, you’ll need to queue so if it’s sunny, especially in the summer, take a hat or parasol and plenty of water. Be aware that a professional representative or friend who has travelled with you to assist will almost certainly NOT be allowed to enter the office with you.
You’ll need to concentrate and listen for either your name (and take into account that some names are not easily pronounced by other language speakers) or listen or look out on a screen for a number which some offices allocate when you enter the building.
Follow the official (or head to your allocated desk), sit down and the process begins. In some offices, there will be English-speaking administrators; in others, especially those more inland, it will be more unlikely but, unless the official has got out of bed on the wrong side that morning, there will be some compensation if you don’t speak Spanish.
It’s easier to hand over the documentation folder and let the administrator sort through what they need; in fact, it seems some desks actually encourage this. Make sure the documentation is original; in one case, we noticed an administrator hold the certificate up to the light to ensure that it was so; in another case, a laminated version was holding up the process and there was some debate as to whether it could be accepted.
Don’t forget your mug shot. This will be attached to a piece of card which you will then have to sign and then scanned after which the photo will be returned. Your passport will also be scanned.
The final part of the process is the digital fingerprinting. You’ll have to do both index fingers. First, your right hand, place the finger up to the second knuckle on the glass and hold flat for a moment until the administrator confirms all is okay, and then you’ll be told to roll it gently from side to side. You’ll do the same with the left hand before confirming that the process has worked by placing your right and then left index fingers back on the scanner.
Once the administrator is happy, they will return your original documentation to you (less the EX-23 form and most of the Modelo 790 form) along with an official stamped receipt (RESGUARDO) which we advise you swiftly check for correct details and spelling and then keep safe since you will need it to collect your card as this is your proof as having applied for residency.
The administrator may tell you how long you have to wait until you can collect your TIE but halfway down the receipt, there is a LOTE number and you can check that your card is available before making the journey to Alicante by telephoning the number on the receipt.
The whole process should take less than ten minutes.
STEP FOUR
Collecting your Card
When you are confident that your card is ready for collection, having either rung the number or checked the website given above, you’ll need to travel back down to Alicante. It’s a different office for collection – CNP Alicante TIE, Campo de Mirra – which is by the football stadium and is just as easy to get to by car. However, be aware that Thursdays are not a good day for collection since the enormous car-park next to the offices is used for a weekly market.
No appointment is necessary for the collection of the card. The office is open from 9.00am to 2.00pm Monday to Friday. You must take your receipt which you got at the end of your application as well as your passport and your original residency document.
After parking the car, exit the car-park by the same entrance and turn right; the police station is about 20m down the road. There is a printed sign next to the entrance with the latest LOTE number to confirm.
If there is a police officer at the entrance, tell him that you need to pick up your TIE and he will direct you inside wait your turn. Be aware that any representative or person assisting you will not normally be allowed to enter the office with you. If there is any queue, it moves quickly. When called (listen for someone shout “Siguiente!”), you should enter the office, sit down in the chair in front of the available desk and hand over your passport, residency certificate and application receipt. If you are a couple, you will need to do this individually. After examining the documents, you’ll need to have your identity confirmed by fingerprint scanner and then your TIE and passport will be handed back to you. (They will keep your old residency document.)
Finally, for those who ask, it took us 3 weeks and 5 days from application to collection.
Please note that this is an unofficial guide in English which we have created to assist in applying for the TIE as part of the Brexit Withdrawal Agreement. We endeavour to keep as up to date as possible with the constant changes to the procedure. No responsibility is taken for any inaccuracies.
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