Family members and new partners of UK nationals under the agreement

Key rules

• Cut-off: A spouse or partner is covered only if the relationship already existed at the cut-off; later partners use other routes.
• Later partners: A partner you met after 2020 follows general immigration rules, such as family reunification.
• Children: Children born or adopted after 2020 are covered through a parent who has custody.
• Card validity: The family card lasts 5 years for temporary residents and 10 years for permanent residents.

Who is covered

Your relative is covered only if your relationship existed by 31 December 2020. Children born or adopted later are covered when a covered parent has custody.

Covered family members of a UK national with Withdrawal Agreement status are:

• your spouse or registered partner;
• your children and grandchildren, if they are under 21 or dependent on you;
• your dependent parents and grandparents.

If you married or registered your partnership after that date but before the end of 2020, your spouse or partner is still covered.

Unmarried partners

A durable partner (an unmarried partner in a long-term relationship) may be covered if the relationship already existed at the cut-off and their residence was facilitated, or if they applied before the deadline. If neither applies, ask the Oficina de Extranjería about your case before you assume you are covered.

Partners whose relationship began later

A partner or spouse whose relationship began after 2020 is not covered by the agreement. The special rules for EU family members do not apply to them either, because a UK national is no longer treated as an EU citizen. The exception is a UK national who also holds Spanish nationality.

Your partner follows the general Spanish immigration rules for foreign nationals. The usual options are:

• Family reunification. You must be a legal resident who sponsors them, and you must pass an income and housing test.
• Another permit. For example, a non-lucrative, work or study permit in their own right.

The decision block below helps you choose between these.

Children born or adopted after 2020

A child born or legally adopted after 2020 is covered if you are a covered parent with custody or shared custody. The child applies for the card in Spain, with a birth certificate and proof of your status.

How covered relatives apply

Covered family members apply for the Withdrawal Agreement card (TIE-Acuerdo de Retirada). They book an appointment at the Oficina de Extranjería or the police station. The application needs the EX-form, the fee form, a passport, proof of the family link and proof of your status. The documents list and checklist below give the detail.

Family members who are not UK, EU or EEA nationals get a family card with the same title. It is valid for 5 years for temporary residents and 10 years for permanent residents.

Form numbers and documents are set locally, so confirm them with the Extranjería office before your appointment.

Choosing between options

Which route applies to your partner or family member?

• Withdrawal Agreement family card: The relationship existed by 31 December 2020, or the person is a child born or adopted later to a covered parent with custody.

• Family reunification: The relationship began after 2020 and you are a legal resident who can show enough income and suitable housing.

• Non-lucrative, work or study permit: The relationship began after 2020 and family reunification does not fit, but the person qualifies for one of these permits on their own.

If the relationship existed by 31 December 2020, the agreement applies. If it began later, your partner follows the general Spanish immigration rules, because UK nationals cannot use the EU family route for a new partner.

Timeline and deadlines

• Marry or register your partnership to be covered as a spouse or registered partner: before the end of 2020 Deadline: 31 December 2020.

• Have the family relationship in place for parents, grandparents, children and grandchildren: by the end of the transition period Deadline: 31 December 2020.

• Apply as a durable partner, if you were not married or registered: before the deadline, unless your residence was already facilitated Deadline: 31 December 2020.

Documents you need

• Valid passport of the family member applying

• Proof of the family link, such as a marriage or birth certificate, from the civil registry that issued it

• Proof of the UK national's Withdrawal Agreement status, such as their card

• Birth certificate for a child born or adopted after 2020, together with proof of the parent's Withdrawal Agreement status

• The EX-form for the Withdrawal Agreement card and the fee form

Checklist

• Confirm the date your relationship began, since a relationship that began after 2020 is not covered by the agreement

• Check whether a new partner can use the general Spanish immigration rules instead, such as family reunification or a non-lucrative, work or study permit

• Collect the passport, proof of the family link and proof of the UK national's agreement status

• Fill in the EX-form for the Withdrawal Agreement card and the fee form

Frequently asked questions

Can an unmarried partner be covered under the agreement?

Yes, a durable partner (an unmarried partner in a lasting relationship) may be covered if their residence was facilitated, or if they applied before the deadline. The relationship must also have existed before the cut-off. Ask the Oficina de Extranjería to confirm your case.

Are my dependent parents or grandparents covered?

Yes, dependent parents and grandparents of a covered UK national are covered if the family link existed by the cut-off.