All UK citizens living in Spain who have not yet exchanged their green residency certificate into a TIE need to do it before October 2024.
The EU authorities announced that the new EU Entry-Exit system shall be finally implemented in October 2024 on all external borders of the European Union. This will affect UK citizens who reside in Spain.
When entering the EU’s Schengen Zone, visitors from third countries—including citizens of the UK—will need to produce a digital record and present their biometric information, which includes their fingerprints and facial image, at the border.
We have dedicated an article on the new EU Entry/Exit System, which can be found here.
You require the TIE card if you are a UK citizen and live in Spain
When the UK left the EU, the Withdrawal Agreement recognised the rights of the British citizens to live in Spain in the same conditions as they enjoyed before. The Spanish government encouraged the British citizens living in Spain to exchange the old EU residency certificate (“green NIE”) into new residence documents called TIE (tarjeta de identidad de extranjero), however, it was not obligatory, so there are still plenty of Brits living in Spain with their old “green NIEs”.
When the EU’s Entry-Exit Scheme (EES) enters into force, the “green NIEs” will no longer be recognised as a proof of residence status for the British citizens for border crossing. Therefore we strongly recommend you to exchange it into a TIE card as soon as possible.
If you don’t present a valid TIE card upon arrival at the border control post, you will need to pass through the full biometric control of the new EES and will be required to present additional proof of your residency, and even can be denied entry.
Changing the old “green NIE” into TIE
When the UK left the EU, Spain chose not to apply art. 18 of the Withdrawal Agreement on changing the residency documents and to allow a long transitional period from “Green NIEs” to TIEs. It appears the new system of Entry/Exit for border crossing is bringing a slow end to this transition as it requires all non-EU nationals to show the biometric residence documents to claim for a residence exemption in the EES.
It is important to be aware that neither Annex 22 of the Schengen Border Guard Handbook nor the UK-EU Withdrawal Agreement includes the old “green NIE” as a valid residency document for British citizens in Spain. As a result, British citizens in possession of the Green Certificate will not be able to claim the resident exemption, as it is incompatible with the EU’s Entry-Exit Scheme (EES). In other words, we interpret that changing the old EU residency certificate into a TIE is a must before the EES enters into force to facilitate your travel.
The majority of Brits living in Spain already have a TIE. “Articulo 50 TUE” that is printed on your biometric ID card, indicates that you have your residency rights under the Withdrawal Agreement. Compared to the old “green NIE”, the TIE card is more robust and generally accepted throughout Spain and the European Union. Additionally, it is included in the EU’s Schengen Border Guard Handbook— making your life easier for administrative procedures and border crossings.
The official “Living in Spain” page of the UK government clarifies that the “Green NIEs” are still a valid proof of residence, and as we understand, must be recognised in Spain and in the EU, however they are not to claim for the resident exemption under the new EES system:
“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.”
Further information on what the difference between a TIE and a NIE is, can be found here.
How to apply for a TIE card in Spain
If you lived in Spain before Brexit (January 1, 2021), it is easy to exchange your old EU residency certificate into a TIE. You need to bring some application form, your address registration and to pay the immigration fee, which is the same as for other EU citizens’ documents (12€ as of the date of writing this post). The TIE is not issued at the moment, so first you will need to apply for it, and come back 4-6 weeks later to collect the original.
If, however, you are one of the very few UK citizens that lived in Spain before Brexit but don’t have the EU residency certificate, you can still get your TIE but will be required to follow a two-step residency application process: first to apply for your residence authorization and provide convincing proof of your residence in Spain pre-Brexit, and after the authorization is granted, then you can request your TIE.
You can find more information about the rights of the British citizens living in Spain at the UK Government page “Guidance Living in Spain” here.
If you require professional advice on how to get your TIE card in Spain, get in contact through the form below or give us a ring so we can assist you with your TIE application.
This article is written in collaboration with Mara Pelzer, a member of the Legal Support Team at Klev&Vera.
