Britons: from Withdrawal Agreement residence to permanent status

Key rules

• Five years: Five years of continuous lawful residence give you permanent status, and years before 31 December 2020 count.
• Proof: The permanent TIE is valid for ten years and is renewable.
• Losing status: You lose permanent status only after absence from Spain of more than five consecutive years.
• Arrived from 2021: If you moved to Spain from 1 January 2021, this route does not apply to you.

When you get permanent status

You get permanent status after five years of continuous lawful residence in Spain. Years lived in Spain before 31 December 2020 count towards the five.

• If you have lived in Spain lawfully since 2015 or earlier, you already had permanent status by the end of 2020.
• If you had less than five years at that point, you stay on temporary Withdrawal Agreement residence. Permanent status begins the day you complete five years.

The right exists once the five years are complete. The new card only documents it, so you do not lose anything by applying a little later.

Who this applies to

It applies to Britons who were lawfully living in Spain under EU free-movement rules before the end of 2020. That includes workers, self-employed people, students, and people with enough money and health insurance. It also covers their family members who were with them or qualify under the agreement. Use the decision below to check your own case.

It does not apply if you moved to Spain from 1 January 2021. You need a different route.

Which document proves it

Your proof is the permanent TIE for Withdrawal Agreement beneficiaries. You swap your current TIE-WA for it. The old green EU certificate is no longer your main document.

To get it, apply at the foreigners' office (Oficina de Extranjería) or National Police station in your province, usually with an appointment. The documents list below shows what to bring. Fee procedure and exact wording vary by province, so ask your office.

Absences can reset the count

Continuity is not broken by absences of up to six months in total in any 12-month period. The timeline below sets out the longer exceptions that also keep it intact.

Once you have permanent status, you lose it only after absence from Spain of more than five consecutive years.

Choosing between options

Does the Withdrawal Agreement route to permanent status apply to you?

• You lived in Spain lawfully before the end of 2020: You were working, self-employed, self-sufficient with resources and health insurance, or studying, and you registered and hold a green certificate or TIE-WA. You become permanent after five years of continuous residence, and years before 2021 count.

• You are the family member of a covered Briton: You are a spouse, registered partner, child or dependent relative who was already with them, or who qualifies under the agreement. A spouse married before 2021 and children born later are covered.

• You moved to Spain from 1 January 2021: The agreement does not cover you and this route is not open to you. Ask the foreigners' office which residence route fits your situation.

If you were lawfully resident in Spain under EU free-movement rules before 31 December 2020, or are a qualifying family member, the Withdrawal Agreement route applies to you.

Timeline and deadlines

• Keep your absences from Spain to a total of six months or less: in any 12-month period while you build up your five years

• If you need longer away for pregnancy, childbirth, serious illness, study, vocational training or a posting abroad, keep it to a single absence: up to 12 consecutive months, once

• Compulsory military service does not break your continuous residence: for the length of the service

• Absences beyond these limits break continuity, so the count towards your five years is interrupted: whenever an absence goes over the limits

• After you reach permanent status, you lose it only if you stay away for more than five consecutive years: after more than five consecutive years away from Spain

Documents you need

• Your current TIE-WA, the foreigner ID card marked as Withdrawal Agreement, which you exchange for the permanent card.

• Your valid passport.

• The completed application form, available from the foreigners' office (Oficina de Extranjería) or National Police station in your province.

• Proof that you have paid the application fee.

• Proof of five years of residence in Spain. Years before 31 December 2020 count.

• The permanent TIE you receive in exchange. It is issued by the foreigners' office or police, is valid for ten years and is renewable. It is the document that evidences your permanent status.

Frequently asked questions

Does the Withdrawal Agreement cover me if I moved to Spain after 2020?

No, the Withdrawal Agreement does not cover Britons who arrived in Spain from 1 January 2021. It covers people who were lawfully living in Spain under EU free-movement rules before the transition period ended on 31 December 2020. If you arrived later, ask the foreigners' office which residence route applies to you.

Are my spouse and children covered by the Withdrawal Agreement too?

Yes, family members such as spouses, registered partners, children and dependent relatives are covered if they were already with you or qualify under the agreement. A spouse you married before 2021 and children born later are also covered. Each family member gets their own residence card.

Is my old green EU certificate still enough to prove my status?

No, the old green EU certificate is no longer the main document for Britons covered by the agreement. The TIE-WA, a foreigner ID card marked as Withdrawal Agreement, replaced it. At permanent status you exchange the TIE-WA for the permanent card.