Why Brits ought to use kind EX23 and never EX17 for TIE renewals in Spain

If you had been resident in Spain earlier than Brexit, you then had been coated by what’s referred to as the Withdrawal Agreement. This implies that your rights to stay in Spain are protected and there are barely totally different guidelines for you, in comparison with Brits who moved after Brexit and needed to get a visa as a way to get hold of residency.

Before Brexit, resident Brits had been issued with EU inexperienced residency certificates, however since 2020 they’ve been inspired to change these for a Foreign Identity Card or Tarjeta de Identificación de Extranjero, higher recognized merely as a TIE.

Those who had been resident for lower than 5 years had been issued with a five-year momentary TIE card, whereas those that had been right here longer than that got a everlasting TIE card or Tarjeta Permanente.

The first TIEs issued to Brits got in July 2020, and lots of extra utilized for them all through the remainder of that 12 months.

This implies that these Brits who got the five-year momentary TIE playing cards, can have needed to renew them (improve to everlasting) in 2025 or by the start of subsequent 12 months.  

Typically, you’re capable of renew a TIE card 60 days previous to expiration, however some police stations have solely been permitting this as soon as the expiry date has previous and as much as 90 days afterwards.

When you renew your TIE, you’ll have to full a particular kind. For most non-EU residents this would be the EX17 kind, however for Brits who had been right here earlier than Brexit, you need to use the EX23 kind to resume your TIE as a substitute. The similar applies for getting a reproduction if you happen to card is stolen, misplaced otherwise you change handle.

READ ALSO: The variations between Spain’s everlasting and long-term residency playing cards

Advertisement

It’s vital that you just use the EX23 as a result of it may have an effect on your rights in Spain transferring ahead. This is as a result of it is particularly for Brits protected below the Withdrawal Agreement (WA) and that is said on these TIE playing cards of pre-Brexit Brits (extra on this additional down).

Be cautious as a result of some police stations or immigration workplaces have been telling Brits that they should use EX‑17 kind, however for individuals who have WA standing, that is incorrect.

For renewals, it should be EX‑23, which is identical kind used once they initially utilized to change their inexperienced card to a TIE.

Spain’s Ministry of Inclusion, Social Security and Migration, confirms that the EX23 is the proper kind to make use of for these protected below article 18.4 of the Acuerdo de Retirada, which is the Withdrawal Agreement, in its listing of which every kind, or modelo in Spanish, is used for right here. 

Be conscious that some officers at foreigners’ workplaces and police stations usually are not conscious of the EX23 kind and will erroneously let you know that you just want the EX17. If this occurs, it’s vital that you just present them the wording on the high of the EX23 to allow them to see why the EX17 is not the appropriate kind; it reads Solicitud de tarjeta (artwork. 18.4 del Acuerdo de Retirada).

READ ALSO: How Brits in Spain can renew their momentary residency TIE card

Advertisement

The motive behind all that is that Brits protected below the WA usually are not common third-country nationals, their rights are ruled by a global treaty, as a substitute of a nationwide legislation, as within the case of those that moved right here after Brexit or are from different non-EU nations.

Some legislation companies, corresponding to Balcells Group have even mentioned that candidates ought to deliver a accomplished EX17 kind as properly, as a backup, in case their EX23 shouldn’t be accepted, however this will likely trigger issues sooner or later, and different professional sources are saying this isn’t beneficial.

According to the Citizen’s Advice Bureau in Spain, there are a number of points with these Brits utilizing the EX-17 kind for his or her renewals because it may result in misclassification below the unsuitable authorized framework, the invalidation of Withdrawal Agreement safety, in addition to delays, incorrect charges, or rejection.

All of this implies it’s best to be sure to’re receiving the proper card, below article 50 or article 18.4.

Advertisement

You can inform if it’s been finished accurately as a result of someplace in your newly renewed card, it ought to say ‘Emitido bajo Art. 18.4 Acuerdo Retirada’, as ought to have been the case along with your earlier TIE as properly.

You additionally have to be sure to obtain a ten 12 months card after your renewal and never a five-year card.

You can obtain the EX23 kind right here. Either print it out after which fill it in to take to the police station with you or obtain an editable model and sort immediately on the shape earlier than printing it out. 

In addition to your kind, you’ll need some new passport photographs, your previous TIE card, your British passport, and a padrón certificates from the final three months in case your handle has modified since your previous TIE card was issued. 

You may even have to pay a price at your native financial institution and get them to stamp modelo 790 Código 012 as proof and take that with you too.