Living in Spain before 2021: the Withdrawal Agreement
If you were living in Spain before 1 January 2021, your rights are protected by the Withdrawal Agreement. You need a TIE, not a new visa.
- Cut-off
- 31 Dec 2020
- Living in Spain by then
- Card
- TIE
- Marked "Artículo 50 TUE"
- Work
- Allowed
- Employed or self-employed
- Permanent after
- 5 years
- Of residence
Updated 24 Oct 2026 · Figures checked 12 Oct 2026
In short
British people who were legally living in Spain before 1 January 2021 keep the right to live and work there under the UK–EU Withdrawal Agreement. You prove it with a TIE residence card marked "Artículo 50 TUE". If you still have the old green EU registration certificate, swap it for a TIE: the green certificate isn't accepted as proof of residence at the new EES border checks, and TIE holders are kept out of the 90/180 count. Close family members can join you later on the same terms.
Is this route for you?
Who it suits
- British people who registered as EU residents in Spain before 2021 (green certificate or card)
- People who were living in Spain before 2021 but never registered, who can still apply if they can prove it
- Close family members of a Withdrawal Agreement beneficiary, including children born later
Who it doesn't suit
- Anyone who arrived in Spain from 1 January 2021: you need a residence visa, such as the non-lucrative visa
- Second-home owners who visited but didn't live in Spain before 2021
What you need
- Proof you were living in Spain before 1 January 2021: padrón history, a rental contract, utility bills, Spanish tax returns, social security or healthcare registration, school enrolment
- For people who never registered: proof that you met EU residence conditions at the time (work, or enough money and health cover)
- Valid passport
- Continuous residence since: long absences (generally more than six months a year, or two years for permanent residents) can put the status at risk
Money: income and costs
There's no new income test for the TIE. The card fee is €12 (modelo 790 código 012), paid at a bank or online before your police appointment.
Documents
- Passport
- Green EU registration certificate (if you have one)
- Form EX-20 (EX-21 for family members)
- Proof of residence before 2021 if you never registered
- Passport photo
- Fee 790 código 012, paid
How to apply, step by step
Already have a green certificate
Book a police appointment (cita previa, "POLICÍA - TOMA DE HUELLA, EXPEDICIÓN DE TARJETA") to swap it for a TIE.
Never registered
Apply to the extranjería office with form EX-20 and your evidence of living in Spain before 2021. Once approved, book the fingerprint appointment for the TIE.
Collect the TIE
The TIE lasts five years, or ten if you've already lived in Spain more than five years and have permanent residence.
After you arrive, and renewing
Keep your padrón registration current, and keep your TIE renewed. Family members joining you apply as family of a Withdrawal Agreement beneficiary rather than on a separate visa route.
Tax
Your tax position doesn't change with the card. If you live in Spain you're normally Spanish tax resident.
Common mistakes
- Relying on the old green certificate at the border and in banks: get the TIE
- Long absences from Spain that break continuous residence
- Assuming a holiday home before 2021 counts: you must have been living there
When to get professional advice
- You were living in Spain before 2021 but never registered and have patchy evidence
- You've spent long periods out of Spain
- A family member wants to join you
Questions people ask
Is my green residence certificate still valid?
It's still valid, but it isn't accepted as proof of residence under the EES border system, so the UK government recommends swapping it for a TIE. The TIE shows you're covered by the Withdrawal Agreement and keeps you out of the 90/180 count.
I lived in Spain before 2021 but never registered. Is it too late?
No. Spain hasn't set a deadline. You can still apply if you can prove you were living in Spain before 1 January 2021 and met the residence conditions then.
Official sources
We check every figure on this page against these pages. Rules and amounts change, so check them again just before you apply.