TIE for British nationals in Spain 2026, the renewal wave and your Withdrawal Agreement rights
The five-year temporary documents issued in 2020 and 2021 to British nationals covered by the Withdrawal Agreement expire in 2025 and 2026. Your right of residence does not depend on the card (Article 18.4 of the Agreement), but an expired document causes practical problems with banks, notaries and health centres, and a late renewal may carry an administrative penalty. Many holders also do not know that renewing the temporary document already gives them the ten-year permanent one.
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BMC handles the full renewal of the residence document for British nationals covered by the Withdrawal Agreement: assessment of your document type and the continuity of your residence, preparation of the documents, the application before the Oficina de Extranjería, follow-up until you collect the new card and, if the decision is unfavourable, the appeals available. We also handle late renewals.
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The five-year temporary documents issued under the Withdrawal Agreement in 2020 and 2021 expire in 2025 and 2026. You apply for renewal in the month before the expiry date, or up to 3 months after it with a possible administrative penalty.
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Renewing the temporary document gives you the ten-year permanent document, unless absences have broken the continuity of your residence (joint Instruction of the DGM and DGP of 2 July 2020, sixth instruction).
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To renew you need your passport, proof of the fee payment and a photo. You do not have to prove economic means.
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Absences of up to six months a year in total do not break continuity, and neither does a single absence of up to 12 consecutive months for important reasons (Article 16.3 of Directive 2004/38, which the Agreement applies).
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The problem
The five-year temporary documents issued in 2020 and 2021 to British nationals covered by the Withdrawal Agreement expire in 2025 and 2026. Your right of residence does not depend on the card (Article 18.4 of the Agreement), but an expired document causes practical problems with banks, notaries and health centres, and a late renewal may carry an administrative penalty. Many holders also do not know that renewing the temporary document already gives them the ten-year permanent one.
Our solution
BMC handles the full renewal of the residence document for British nationals covered by the Withdrawal Agreement: assessment of your document type and the continuity of your residence, preparation of the documents, the application before the Oficina de Extranjería, follow-up until you collect the new card and, if the decision is unfavourable, the appeals available. We also handle late renewals.
How we do it
Document type and continuity assessment
We look at your current document (temporary or permanent, issue and expiry dates) and your residence history in Spain (year of arrival and periods abroad), to confirm whether renewal gives you the ten-year permanent document or whether an absence needs a closer look.
Document preparation
We gather what the 2020 Instruction asks for: a valid passport (if it has expired, a copy and proof that you have applied for a new one), proof of the fee payment (form 790, code 012) and a photo. We use form EX-23. If you have spent time abroad, we add evidence of your actual residence in Spain, such as your padrón certificate, your previous document, rental contracts or bills.
Extranjería appointment and filing
We book the appointment at the Oficina de Extranjería or the National Police station in your province, file the application with BMC's representation where permitted, and attend with you if your presence is required.
Follow-up and card collection
We follow the application until the decision and let you know when to collect the new card, which you collect in person with your passport.
Appeals if the renewal is refused
If the renewal is refused, we file a recurso de alzada (administrative appeal) before the head of the Government Delegation or Sub-delegation and, if that is dismissed, a contencioso-administrativo appeal before the Juzgado de lo Contencioso-Administrativo, depending on the grounds for refusal.
The first large wave of renewals of the residence document for British nationals in Spain arrives in 2025 and 2026. The five-year temporary documents issued under the EU-UK Withdrawal Agreement started expiring in 2025, and renewal is not automatic: you have to apply, with a short list of documents and an appointment at the Oficina de Extranjería.
This guide explains the two types of document, how renewal works, how absences count, what can complicate a renewal and the appeals available if it is refused.
The Withdrawal Agreement and the residence rights of UK nationals
The Withdrawal Agreement between the European Union and the United Kingdom (Official Journal of the EU L 29/7, 31 January 2020) is the legal basis for the residence rights of British nationals who already lived in Spain before Brexit.
Spain applies Article 18.4 of the Agreement: British nationals who had a right of residence in Spain under EU law before 31 December 2020 keep it without having to apply for a new resident status, and are entitled to receive a document that certifies it.
That is why the TIE does not create the right of residence: it documents it. The right comes from the Withdrawal Agreement, and renewing the card does not change it; it only updates the document.
In practice, however, an expired document is a problem even though the right is protected. Banks, notaries, health services and public bodies ask for a valid document as the identification of a foreign resident.
The two types of document for UK nationals
Temporary document (5 years): the one in the renewal wave
It was issued to British nationals who, before 31 December 2020, had less than five years of continuous legal residence in Spain, mostly between mid-2020 and late 2021.
Key features:
- Valid for 5 years from issue.
- Allows you to live and work in Spain on the same terms as an EU citizen.
- When it expires, you apply for renewal and receive the ten-year permanent document, unless absences have broken the continuity of your residence (sixth instruction, point 1.a, of the 2020 Instruction).
Documents issued in 2020 expire in 2025, and those issued in 2021, in 2026. That is why renewals are concentrated in 2025 and 2026.
Permanent residence document (10 years)
It was issued to British nationals who had already completed five years of continuous legal residence in Spain before 31 December 2020 (Article 15 of the Agreement), and it is issued to those who complete them later.
Key features:
- Valid for 10 years from issue.
- Renewed every 10 years without proving the requirements again, but you must apply for the renewal in the month before expiry; if you do not, you do not lose your right of permanent residence (sixth instruction of the 2020 Instruction).
- Not subject to economic means (Article 15.1 of the Agreement).
- Against expulsion, the enhanced protection of Chapter VI of Directive 2004/38 applies to conduct before 31 December 2020; national law applies to later conduct (Article 20 of the Agreement).
Holders of the permanent document face 2025 and 2026 with less pressure: their cards expire in 2030 and 2031, and the renewal does not require proving the requirements again.
The old “green certificate”: where it stands
The “número verde” (EU citizen registration certificate, the A4 document with the green band) was the residence document for EU citizens in Spain before the card became standard. Some British nationals still hold it without having exchanged it.
If that is your case, it is worth applying for the Withdrawal Agreement document. Your right does not depend on it, but the green certificate causes more and more problems with banks, notaries and public bodies that ask for the specific Withdrawal Agreement document.
How to renew the temporary document
Step 1: Check the expiry date and the document type
The expiry date is on the card. Check the remarks field too: Withdrawal Agreement documents usually state “Acuerdo de Retirada” or “Art. 50 TUE”.
Step 2: Check the continuity of your residence
Renewing the temporary document gives you the ten-year permanent document. The only thing that can change that outcome is absences: if they go beyond the limits of Article 16.3 of Directive 2004/38 (more than six months a year, or more than twelve consecutive months for important reasons), Extranjería assesses the case. Before you apply, go over your periods outside Spain.
Step 3: Prepare the documents
What the 2020 Instruction asks for (sixth instruction, point 3):
- A valid passport. If it has expired, a copy and proof that you have applied for its renewal.
- Proof of the fee payment (form 790, code 012).
- A recent photo.
The application is filed on form EX-23. You do not have to prove economic means.
If you have spent time outside Spain, bring evidence of your actual residence: padrón certificate, your previous document, rental contracts, utility bills, IBI or community fee payments, or your medical history in Spain.
Step 4: Extranjería appointment
You book the appointment (cita previa) on the electronic office of the Spanish public administrations, for the Oficina de Extranjería or the National Police station in your province. In the provinces with the most British residents (Málaga, Alicante, Valencia, Madrid, the Balearic Islands) appointments can take time, so book early and file the application in the month before expiry.
Step 5: Follow-up and collection
Once the application is filed, we follow it until the decision. You collect the new card in person, identifying yourself with your passport.
What can complicate a renewal
1. Long absences from Spain
British nationals who have spent long periods outside Spain (work in another country, caring for family in the UK, long trips) may find that Extranjería asks about the continuity of their residence.
Continuity is governed by Articles 11 and 15.2 of the Withdrawal Agreement, which refer to Article 16.3 of Directive 2004/38: it is not broken by absences of up to six months a year in total, by longer absences for compulsory military service, or by a single absence of up to twelve consecutive months for important reasons (pregnancy and childbirth, serious illness, study or vocational training, a posting abroad for work). The five consecutive years of absence in Article 15.3 only apply to losing permanent residence once acquired. If your absences come close to those limits, bring evidence of your actual residence (medical history in Spain, rental contracts, utility bills, IBI or community fee payments).
2. Evidence of actual residence
The Instruction does not ask for the padrón to renew, but the padrón certificate is the most direct evidence of actual residence when there are absences to explain. Keep it up to date and registered in the municipality where you actually live.
3. Expired document and late renewal
You can apply for renewal up to three months after expiry, “without prejudice to the corresponding administrative penalty” (sixth instruction, point 2). BMC handles these applications and explains your position.
Appeals against an unfavourable decision
If the renewal is refused, the decision of the Oficina de Extranjería does not end the administrative route (seventh instruction, point 3, of the 2020 Instruction): first comes the recurso de alzada and, if that is dismissed, the contencioso-administrativo appeal.
Recurso de alzada (administrative appeal): before the head of the Government Delegation or Sub-delegation (seventh instruction, point 3). Deadline: one month from notification of the decision.
Contencioso-administrativo appeal: before the Juzgado de lo Contencioso-Administrativo, which hears immigration decisions of the State’s peripheral administration (Article 8.4 of Law 29/1998). It is brought against the decision on the recurso de alzada, within two months of its notification (Article 46.1 of Law 29/1998). Before the Juzgado, a lawyer is mandatory and a procurador is optional (Article 23.1 of Law 29/1998).
Permanent residence: the goal
For British nationals with five or more years of continuous legal residence in Spain, the permanent residence document is the most stable status. Its advantages over the temporary document:
- Renewed every 10 years without proving the requirements or economic means again; you apply for the renewal in the month before expiry.
- Only lost after an absence of more than five consecutive years (Article 15.3 of the Agreement).
- Enhanced protection against expulsion for conduct before 31 December 2020 (Article 20 of the Agreement).
Separately from the type of document, with 10 years of legal and continuous residence immediately before the application, you can apply for Spanish nationality by residence (Article 22 of the Spanish Civil Code).
See also the general guide for British nationals moving to Spain and our page on AEAT tax for UK non-residents.
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