Are you covered by the UK Withdrawal Agreement in Spain?

Terms used

• TIE-AR — The TIE-AR is the residence card issued to UK nationals covered by the Withdrawal Agreement.
• Padrón — The padrón is the municipal register of residents; its certificate shows where and since when you live in a town.
• Oficina de Extranjería — The Oficina de Extranjería is the immigration office that handles residence applications and appointments.
• Brigada de Extranjería — The Brigada de Extranjería is the police foreigners' unit where you can also book residence card appointments.

Key rules

• Cut-off: Only people lawfully resident under EU rules before 31 December 2020, and still resident, are covered.
• Ordinary permits: A non-lucrative or work permit held before 2021 does not by itself bring you under the agreement.
• Green certificate: It is not a valid residence document now, but it proves your residence before 2021.
• Permanent status: Residence before and after 2020 adds up towards 5 years.

The short answer

You are covered only if you were lawfully living in Spain under EU free-movement rules before 31 December 2020 and have lived there since. What counts is the basis of your residence, not just the fact that you lived in Spain. Use the decision below to place yourself.

Who counts as lawfully resident under EU rules

You were living in Spain under EU rules if, before 2021, you were doing one of these:

• working as an employee or self-employed person
• studying
• living on your own means with health insurance
• living with a close family member who met one of those conditions

Family members of a covered UK national can be covered too. Close family who join later may also be covered, under the Withdrawal Agreement conditions.

Who is not covered

If you only held an ordinary Spanish permit before 2021, such as a non-lucrative or work permit, you were not living in Spain under EU law. You are generally not covered and stay under the normal immigration rules. The exception is if you also met the EU conditions above. If you arrived in 2021 or later, you are not covered either.

What proof you need

Your main proof is the green EU registration certificate issued before 2021. It is no longer a valid residence document, but it still works as proof of residence before 2021 when you apply for the Withdrawal Agreement card.

If you have no green certificate, you can build your case from other records dated before 2021. Useful ones are:

• your padrón certificate, showing a date before 2021
• tax records
• employment or social security records
• rental or property documents
• utility bills
• health insurance or healthcare records

Family members also need civil documents, such as marriage or birth certificates, that prove the relationship. The immigration office decides in each case whether your proof is enough, so bring as many records as you can. The documents list below has the full detail.

The card deadline has passed

UK residents had to apply for the Withdrawal Agreement residence card (TIE-AR) between 6 July 2021 and 31 December 2021. Missing that date does not automatically cost you your rights, because they come from your residence. But you can face practical problems, and in theory penalties, for not holding a card. If you are covered and never applied, apply now. Show that you are covered and explain the reason for the delay.

What you keep if you are covered

Covered people keep, on broadly the same terms as before Brexit:

• the right to live in Spain
• the right to study
• equal treatment with Spanish nationals in working conditions, social security, healthcare access and education
• recognition of professional qualifications that were already recognised
• social security coordination

Permanent status

You can get permanent status after 5 years of continuous lawful residence in Spain, counting time before and after 2020. Absences of up to six months in a year do not break continuity. One absence of up to twelve months for an important reason does not either. Many people hold a temporary card, valid for five years. They then book an appointment at the Oficina de Extranjería or the police station (Brigada de Extranjería) for a permanent TIE-AR, valid for ten years and renewable.

Your rights can be lost through long absences. For permanent holders the limit is more than five years away. For temporary holders it is more than six months a year, with exceptions.

Are you inside or outside the Withdrawal Agreement?

Are you inside or outside the Withdrawal Agreement?

• Inside: you lived in Spain lawfully before 2021: You were living in Spain under EU free-movement rules (as a worker, self-employed person, student or self-sufficient person with health insurance) before 31 December 2020, and you have lived there since. Proof can be your green EU registration certificate, or a mix of padrón certificate, tax, work or social security records, rental or property papers, utility bills and health records.

• Inside: you are family of a covered UK national: Your relationship with a covered UK national (spouse or registered partner, child or grandchild under 21 or dependent, dependent parent or grandparent) existed by 31 December 2020. Show it with civil documents such as marriage or birth certificates.

• Outside: you only held an ordinary Spanish permit: Before 2021 you held a national permit, such as non-lucrative or work, and did not also meet the EU free-movement conditions. You stay under the general immigration rules.

• Outside: you arrived after 31 December 2020: You moved to Spain after that date, or have no lawful EU-law residence before it. You are treated like any non-EU national and need a visa or authorisation for stays over 90 days. Go on to choosing a residence route.

Check your arrival date first, then your proof of living in Spain before 2021, then any family tie that existed by 31 December 2020. If all fit, you are inside. If not, you are outside: move on to selecting a residence route.

Timeline and deadlines

• Be lawfully living in Spain under EU free-movement rules to be covered: before 31 December 2020, and continuously since

• Apply for the Withdrawal Agreement residence card (TIE-AR): between 6 July 2021 and 31 December 2021 (this period has passed)

• If you missed the period, apply late and show you are covered and had a good reason for the delay: as soon as possible now

• Book an appointment at the Oficina de Extranjería or police station (Brigada de Extranjería) for a permanent card: once you have 5 years of residence

Documents you need

• Green EU registration certificate (Certificado de registro de ciudadano de la UE), issued before 2021 by the Spanish immigration authorities. It is the main proof of residence before 2021.

• Padrón certificate (municipal registration) from your town hall, showing a date before 2021.

• If you have no green certificate: a mix of other records from before 2021, such as tax records, employment or social security records, rental or property documents, utility bills, and health insurance or healthcare records.

• For family members: civil documents proving your relationship to the covered UK national.

• For permanent status: evidence of 5 years of residence, such as your padrón certificate.

Frequently asked questions

Can I still be covered if I never applied for the Withdrawal Agreement card?

Yes, your rights come from your residence before 31 December 2020, so missing the application period did not remove them. The deadline for the card was 31 December 2021 and has passed. If you still have no card, you can apply late if you can show you are covered and had a good reason for the delay, but you may face practical problems.

What if I have no green certificate to prove I lived in Spain before 2021?

You can still prove it with a mix of other documents showing lawful residence before 2021. Useful ones include a padrón certificate (town hall registration) with a pre-2021 date, tax records, work or social security records, rental or property papers, utility bills and health insurance records.

Do my years in Spain before 2021 count towards permanent status?

Yes, time before and after 2020 is added together towards the 5 years you need. Short absences do not break the count: up to 6 months in a year, or one absence of up to 12 months for an important reason. Once you reach 5 years, ask for a permanent card by appointment.

Can I work and study in Spain if I am covered?

Yes, covered UK nationals can live, work as an employee or self-employed person, and study on broadly the same terms as before Brexit.