Fixing birth date, birthplace and gender marker mismatches

Terms used

• NIE — The NIE is your Spanish foreigner identification number, used for tax, work, housing and most official procedures.
• TIE — The TIE is the physical residence card issued to foreigners who live in Spain, showing your NIE.
• Oficina de Extranjería — The Oficina de Extranjería is the government office that handles foreigners' residence permits and records.
• Registro Civil — The Registro Civil is the Spanish civil registry, which records births, marriages and deaths.

Key rules

• Passport first: If the passport itself is wrong, get your consulate to correct it before you ask Spain to change your record.
• Sex marker: Spanish foreigner records only have H or M, so ask the office what it will enter if your passport shows X.
• Where to go: Corrections are made by appointment at the foreigners' office that issued your NIE or TIE.
• Birthplace: Write town, then country, as in your passport, with the country in Spanish.

Practice on corrections and X markers varies by office, so confirm the process and the marker entered with the foreigners' office that issued your NIE or TIE.

Your passport is the reference

Spanish records follow your passport. If your NIE or TIE shows a different birth date, birthplace or sex, the usual fix is to correct the Spanish record so it matches the passport. If the passport itself is wrong, fix the passport first.

How the details are recorded

• Birth date: day, month, year (DD/MM/YYYY). Check you haven't swapped the day and month.
• Birthplace: town or city, then country. Copy the spelling from your passport and write the country in its Spanish name.
• Nationality and country of birth: these are separate fields. They are often the same, but fill in each one.
• Sex: the Spanish foreigner records use H (hombre) or M (mujer).

Fields differ slightly between the EX forms and the online systems, so read each form carefully.

Where to get a mismatch fixed

Go to the foreigners' office (Oficina de Extranjería) or the Policía Nacional foreigners' office that issued your NIE or TIE. You need an appointment.

Bring a written request or the relevant EX form, your NIE or TIE, and your passport. If the passport is the document with the error, ask your consulate to correct it first. You then also need your birth certificate, legalised and translated.

If the birthplace differs between documents

The passport spelling normally counts for your NIE record, and offices usually accept its spelling and transliteration as written. A legalised birth certificate matters mainly when a registry asks for it, for example in a Registro Civil or nationality procedure.

If your passport shows X

The NIE and TIE have no X or non-binary option in practice. What the system enters for an X passport varies, so ask the office which marker it will record before you submit anything. Spain's gender change law lets Spanish residents change their legal sex under conditions. It does not create a non-binary category.

Use the decision, documents, checklist and questions below for the step-by-step detail.

Choosing between options

How do you fix a sex marker that differs between your documents?

• Correct the Spanish record to match your passport: Your passport is right and the NIE or TIE shows something different. Ask for the correction at the foreigners' office with supporting documents.

• Raise the X marker with the office: Your passport shows X. Spanish records only have H or M, so ask the office what it can enter.

• Look at a legal sex change: You are a Spanish resident who wants to change your legal sex. The 2023 law allows this under conditions, but it does not create a non-binary category.

Your passport is the reference: if the passport is correct, the Spanish record is corrected to match it; if the passport is wrong, fix the passport first.

Documents you need

• Your passport, issued by your country's authorities, as the main proof of your birth details.

• Your current NIE or TIE document, issued by the Spanish foreigners' office.

• A written request or the relevant EX form asking for the correction.

• Your birth certificate, needed only if the passport itself is wrong. It must be legalised and translated.

Checklist

• Write the birthplace as it appears in your passport: town, then country, with the country in Spanish.

• Ask your consulate to correct the passport first if the passport itself is wrong.

• Book an appointment at the foreigners' office or Policía Nacional office that issued your NIE or TIE.

• Ask which sex marker the system will enter if your passport shows X, since only H or M exist.

Frequently asked questions

My passport shows X as gender. What will Spanish records show?

Spanish foreigner records use only H (hombre) or M (mujer). There is no recognised X option in practice, so what gets entered depends on what the system allows. Ask the foreigners' office how it will record your passport.

Does Spain's gender change law help me if I am not Spanish?

The 2023 law lets Spanish residents change legal sex under conditions, but it does not create a non-binary category. It does not add an X option to the NIE or TIE.

My birth certificate spells the birthplace differently from my passport. Which one counts?

For your NIE record, the passport normally takes priority. A legalised birth certificate is used where a registry asks for it, such as in Registro Civil or nationality cases.

What if the passport itself has the wrong birth date?

Get the passport corrected through your consulate first. Then ask the foreigners' office to update your NIE record, bringing a legalised and translated birth certificate.