Across Spain, British residents are facing renewal of their TIE (Tarjeta de Identidad de Extranjero) cards, as the five-year, post-Brexit, Withdrawal Agreement TIEs are expiring.
While your TIE renewal should be a simple exchange, you need to prepare correctly, have the right paperwork, and be aware that some circumstances could result in delays or even denials.
In good news, experts speaking to the Spanish Eye this week said more protection is given to Brits with TIE cards issued under Article 50 of the Withdrawal Agreement (WA) than expats getting Spanish residency post-Brexit.
If your residency is WA-protected, your TIE card will say: ‘Art. 50 TUE – Acuerdo de Retirada’ on the front. This means you have more rights than ‘Third Country Nationals’ – for example, China or the US.
The standard process for exchanging a TIE
The usual process for TIE exchange is to book an appointment, appear at the ‘extranjeria’ office, present correct documents, leave fingerprints, wait two weeks, and collect the new card. In some areas, appointments might be scarce, so book in good time.
Some card denials are predictable. Paperwork is incomplete or you don’t have a ‘historical padrón’ showing your continuous residency for the last five years.
Requirements can vary between regions and ‘extranjeria’ offices. Some offices have been criticised for not applying the provisions of the WA correctly. Others, anecdotally, have less rigorous checks – even when people have been absent from Spain for extended periods.
The renewal is usually simple, but some issues can be red flags
A TIE renewal (conversion from temporary to permanent residence) is a Spanish administrative decision.
The Policia Nacional runs the ‘extranjeria’ offices and its agents will check your identity, compliance with residency conditions, and should swap the card without checking your finances or health insurance, as it’s not a first-time application.
However, if anything irregular is flagged up, the final decision could be referred to the immigration office.
If you’ve gained a criminal record for something serious, there could be a flag from police or judicial sources. However, WA recipients have less to worry about than third country nationals.
A specialist gestor from Valencia told us: ‘For Brits with the WA, most TIE exchanges just pass.
‘You practically have to be sought by police at airports for a major crime for there to be a problem.’
Apply ‘normally’ before applying the ‘big guns’
Even if you have committed an offence during your temporary residence, it might not be flagged.
The gestor added: ‘My advice is to apply normally for your renewal. If you are then pulled up at the ‘extranjeria’, after the fingerprint and document stage, that’s when to consult an immigration lawyer.’
Our experts generally recommend appearing first with a gestor/translator first – especially if you don’t speak Spanish.
A serious conviction can go against getting a permanent TIE. However, our gestor said: ‘I’ve helped various people and have not seen many problems. It isn’t the same as Third Country Nationals without the WA.
‘You must not listen to people in the bar, or keyboard warriors, claiming to be experts.
‘Someone might say they were denied a card renewal for some petty crime, failing to mention they were caught with a vast quantity of drugs! I had one case where a man had illegal, unlicensed firearms in his car boot!’
What to do if your TIE card renewal glitches…
If you do have a criminal file that emerges at the ‘extranjeria’, then consult an immigration lawyer, who can appeal your case.
Lucy Hayes Logan, a specialist advisor based in Lanjaron, Granada, told the Spanish Eye: ‘If you have a change of circumstance or have had serious criminal proceedings issued against you during your period of residency, then I do recommend reviewing it with an immigration lawyer as they will be able to advise you correctly. Some charge €60 for a consultation.’
Specialist immigration lawyer, Jose Antonio Esteban, who practices in Malaga and Cadiz, advises: ‘It’s important to understand that the law doesn’t mention a closed list of criminal records which would deny the application.
‘The WA created another ‘immigration scheme’, different to that for the regular third countries.
‘The ‘regular’ immigration law requires that you don’t have any criminal records, and you must submit your criminal records at time of application for Spanish residency.
‘UK nationals who applied under the WA did not have to show their criminal records from the UK. The WA refers, on this aspect, to the Directive 2004/38/C, which regulates the application residency for EU nationals. So, we can say it is the ‘equivalent’ to how someone from France or Germany is treated.
‘If you’re being investigated for a crime (“investigado” status), until there’s a final criminal conviction, you don’t have a criminal record in Spain. Therefore, it should not be considered, as that breaches the presumption of innocence.
‘If you’re under investigation for serious offences – such as human trafficking, drug trafficking, or participation in a criminal organisation – the immigration office may refuse the application, and some courts have upheld such decisions. However, this issue typically arises at the first residency application, not at the renewal stage – even less so for permanent residence.’
The Immigration Office steps in… sometimes
He adds: ‘When a WA beneficiary renews his existing TIE, this is done at the police station, not the immigration office, and they will not ask or check for criminal records.
‘If the immigration office finds that a WA beneficiary has committed a crime, it can, on its own initiative, review and cancel the TIE at any time – before or after renewal. With the WA, this should be limited to serious crimes that threaten public order, public security or public health.
‘Less serious offences, such as traffic-related offences, drink-driving, or minor offences – such as petty theft or minor assaults – should not, in principle, have any impact.
‘Underage defendants who are found guilty don’t have criminal records. They have a different kind of records which are not considered once they are over 18. It will not appear on the criminal records.’
Legal recourses
If you are denied your TIE, avenues you can follow – with your lawyer – are the ‘recurso potestativo de reposición’ (administrative reconsideration) or the ‘contencioso-administrativo’ (court appeal). You can request ‘suspensión’ so you’re not left without ID documents while the case is considered.
According to Jose Antonio Esteban, if there’s an appeal, you should show your integration into Spanish life.
He explained: ‘It’s recommended to prove you have family living with you in Spain, children, and that you’re well integrated into society. Speaking Spanish would be a must.’
Always frame your TIE renewal submission within the WA context, to ensure you benefit from your rights.
