How long UK nationals can be away from Spain under the agreement

Key rules

• Temporary status: You can be away up to 6 months in any 12-month period, plus one absence of up to 12 months for an important reason.
• Permanent status: You keep it unless you are away from Spain for more than 5 consecutive years.
• Going over: Exceeding your limit breaks continuity, and a lost status can only be regained under general immigration rules.
• Border: Carry your card and passport and ask not to be stamped.

The short answer

Your limit depends on which status you hold. Temporary residents have a yearly limit. Permanent residents have a much longer one. Go over your limit and you can lose your protection.

If you have temporary status

You can be away for up to 6 months in any 12-month period. On top of that, you can have one absence of up to 12 months for an important reason.

Important reasons include pregnancy and childbirth, serious illness, study, vocational training, or a posting abroad. Compulsory military service is also allowed, and it does not break continuity.

Time abroad within these limits still counts as residence. It still counts towards the five years you need for permanent status. If you go beyond the limits, your continuity of residence breaks and the count towards permanent status starts again.

If you have permanent status

You keep your status unless you are away from Spain for more than 5 consecutive years. The same important reasons are accepted within that limit. Frontier workers (people who live in one country and work in another) have different rules, so ask the immigration office if that is you.

What happens if you lose status

If you lose your status, you cannot simply return under the agreement. You would have to come back under the general Spanish rules for non-EU nationals, such as getting a visa and a residence permit.

If you have not lost status but have had a long absence, keep proof of the reasons: medical letters, enrolment papers, or posting documents. Each case is decided by the immigration office (Extranjería), so ask them if you are close to a limit.

At the border

Show your Withdrawal Agreement card (TIE-Acuerdo de Retirada) together with your passport. Border guards should not stamp the passport of a UK national who shows evidence of these rights. Stamping mistakes have happened at some Spanish airports. Show your card straight away and ask the officer not to stamp. If you are stamped, ask for a correction.

The timeline, documents list, warning and questions below cover the rest.

Timeline and deadlines

• Use one longer absence for an important reason, such as pregnancy, serious illness, study or a posting abroad: one absence of up to 12 consecutive months

• Compulsory military service does not break continuity: for any length of service

• If you go beyond these limits, continuity of residence breaks and the count towards permanent status restarts: once an absence goes past the limits

Documents you need

• Your Withdrawal Agreement card (TIE-Acuerdo de Retirada), issued by the Spanish authorities, to show at the border when you enter Spain.

• Your passport, to show together with the card at the border.

Mistakes that can cost UK nationals their Withdrawal Agreement protection

Mistakes that can cost you your protection

• Staying away too long: Protection is typically lost through excess absence. With temporary status, going over the absence limits breaks your continuity of residence and you may lose your rights. With permanent status, you lose it if you are away for more than 5 consecutive years. Once lost, you can only come back through the general immigration rules for non-EU nationals, such as a visa and residence permit. Keep track of your days away. If you have a long absence, keep proof of the reasons for it, such as medical or family records.

• Not exchanging your old document: If you still hold only the green certificate or missed the exchange, you are not yet holding the right card. You can still apply for the Withdrawal Agreement card at the Oficina de Extranjería or a police station, by appointment. Bring proof that you lived in Spain before 2021 and have lived there since, plus an explanation of the delay. A fine is possible. Book an appointment as soon as you can. If you cannot show you are covered, you would have to use a general Spanish immigration route.

• Mixing regimes: You can apply for another Spanish residence permit, such as a work or long-term permit, but moving into the general regime can end your Withdrawal Agreement protection. You could also lose benefits such as bringing family members under the agreement's rules, and the switch may be impossible to undo. Stay under the agreement while you hold the card and meet its conditions. Ask Extranjería or a lawyer before applying for anything else.

Frequently asked questions

Does time abroad still count towards permanent status?

Yes, time abroad within the allowed limits still counts towards the 5 years you need for permanent status. Longer absences break continuity, and the count must start again.

Which reasons allow a longer absence?

Pregnancy and childbirth, serious illness, study, vocational training and a posting abroad all count as important reasons. Compulsory military service is also allowed. Permanent residents can use the same reasons within their 5-year limit.

Can I get my status back if I lose it?

No, you cannot simply get it back; you can return only under the general Spanish immigration rules for non-EU nationals, such as a visa and residence permit. If you have not formally lost status after a long absence, be ready to prove the reasons for it.

Will border guards stamp my passport when I enter Spain?

No, they should not stamp your passport if you show your WA card, but errors have happened at some airports. Carry the card, show it first and ask the officer not to stamp. If you are stamped, ask for a correction.