What Changed on 1 January 2021?
Before Brexit, British nationals could live, work, and retire in Spain as EU citizens — no special permit required. From 1 January 2021, British nationals became third-country nationals in EU law. The rules changed overnight.
However, the Withdrawal Agreement protects British nationals who were already legally resident in Spain before 31 December 2020. If you were living in Spain on that date, you have the right to remain under the same conditions — but you must formalise that right with a TIE (Tarjeta de Identidad de Extranjero).
What Is the TIE?
The TIE is a biometric residence card that proves your legal right to reside in Spain as a British national under the Withdrawal Agreement. It replaced the old EU green certificate (certificado de registro de ciudadano de la Unión) as the valid proof of residency for Britons.
If you still have the old green certificate, you should exchange it for a TIE. The green certificate remains legally valid, but the TIE is what Spanish authorities and landlords now expect to see.
Who Qualifies for a TIE?
British nationals qualify for a TIE under the Withdrawal Agreement if they were legally resident in Spain on 31 December 2020. This includes:
- Those with a registered domicile (empadronamiento) in Spain before that date
- Those working in Spain under an employment contract or as self-employed
- Those retired and receiving a UK pension while living in Spain
- Dependants of any of the above categories
What if you arrived after 31 December 2020? You are not covered by the Withdrawal Agreement. You will need to apply under Spain's standard non-EU residency framework — either as a non-lucrative visa holder, a self-employed person, or under another visa category. We can advise on which route applies to your situation.
How to Apply for the TIE
The TIE application is made at the Foreigners' Office (Oficina de Extranjería) or National Police station in your province. The process involves:
- Form EX-23 (application form for Withdrawal Agreement beneficiaries)
- Valid UK passport
- Proof of registration on the padrón (empadronamiento certificate)
- Proof of legal residence before 31 December 2020 — this can include work contracts, utility bills, bank statements, or social security documentation
- Proof of sufficient economic means (bank statements, pension proof, or employment)
- Proof of healthcare coverage (private health insurance if not covered by the Spanish national health system)
An appointment must be booked in advance. Waiting times vary significantly by province — Alicante typically has shorter waits than Madrid or Barcelona.
What If Your Application Was Refused?
Refusals do happen — usually due to insufficient proof of residence before the Brexit deadline, gaps in documentation, or technicalities in the paperwork. A refusal is not the end of the road.
CNG Lawyers has handled multiple TIE refusal cases successfully. We can assess the grounds for refusal, gather additional evidence, and file an administrative appeal (recurso de alzada) within the statutory timeframe. In complex cases, we escalate to judicial review.
Healthcare in Spain After Brexit
If you are not covered by the Spanish national health system (Seguridad Social), you'll need private health insurance as a condition of your TIE application. Many British expats use their S1 form (if receiving a UK state pension) to access Spanish public healthcare. CNG Lawyers can advise on healthcare coverage options as part of a comprehensive residency review.
Driving Licences
UK driving licences issued before Brexit are no longer automatically valid in Spain after a transitional period. British residents in Spain should have exchanged their UK licence for a Spanish one. If you haven't done this yet, CNG can advise on the current rules for your specific situation.