To obtain your residency in Spain for your family members under the scope of the withdrawal agreement, and they are neither UK nationals, nor EU citizens, they are required to apply as a family member of a British national. This process is slightly different from the standard application under the withdrawal agreement. If you are unable to apply for residency for your family members through this route, you may wish to consider the Family Reunification Visa.
Step 1 - Registering your documents
You must first provide the administration proof of residency and apply for the residency status at the designated Immigration Office of your region.
To arrange an appointment in your province, you will have to arrange an appointment here. Choose the province you live in and after choose the option Trámite para la documentación de ciudadanos del Reino Unido (Brexit) -Trámites Oficinas Extranjería tab -. If this option does not appear in your province, choose the "Solicitud de Autorizaciones" option instead. Then, follow the further instructions.
Completing this process will arrange an appointment at an Immigration Office for a specific date and time
The documents you will have to present for the first step are:
Filled Model EX-21 form (original and copy)
Passport (copy of all pages).
A document stating the beginning of residence in Spain. (Empadronmiento/Census certificate) - If possible, support this with plane tickets (arrival).
Proof of relationship with a British national (marriage certificate), apostilled and officially translated.
For non-married partners, proof of a long-term relationship for at least 1 year (such as padrón de convivencia, pareja de hecho or inscription to any other public register alongside the EU national).
If employed, provide any of the following documents:
Certificate of employment with the name and address of the company, as well as the tax identification and contribution account, or;
Work contract registered at the Public Service of Employment -Servicio Público de Empleo-, or the contracting confirmation and its conditions through the CONTRAT@ platform, or;
Social Security affiliation document.
If self-employed, provide any of the following documents:
Registration in the census of economic activities, or;
Inscription in the Mercantile Registry, or;
Social Security affiliation document.
If not employed, provide both documents:
Public or health private insurance with coverage in Spain equivalent to that provided by the National Health System. (Pensioners: the authorities and the Foreigner's Office should accept the S1 form as proof of health coverage.)
Proof of sufficient means (usually in the form of a bank statement and certificate). More information here.
This process can be done by a representative of the applicant. The representative will need to present the documents in person together with a Representative Designation document signed by the applicant.
After completing this process, a receipt of presentation of the application will be provided to you, allowing you to legally stay in Spain until the resolution is issued (3 months max.). If the resolution is marked as “favorable”, you will be able to request the TIE with the EX-23 form. If the resolution is marked as "No favorable", you will have 10 days to provide the missing documents to the Immigration Office.
You can track the status of your application through this website. You can find our guide on other ways to track your application here: https://www.ageinspain.org/post/tracking-the-status-of-a-residency-application
Step 2 - Applying for the TIE (Foreigner's Identity Card)
To request the TIE it is necessary to make an appointment online with the Oficina de Extranjeros -cita previa-, which can be done by clicking this link.
Currently, the Spanish administration has created a special option for UK nationals and their family members. Select the province where you live and the option “Policia-Exp. Tarjeta Asociada al Acuerdo de Retirada Ciudadanos Británicos y sus familiares (Brexit)” -Trámites Cuerpo Nacional de Policía tab-, and follow the further instructions. Completing this process will arrange an appointment at an Immigration Office or your local Police Station for a specific date and time.
Once the appointment is arranged, you will need to provide the following documents:
Resolución favorable (favorable resolution) from Extranjería (or current EU Family Member Card).
Passport (original and copy).
Passport-size photograph 32x26 (ID photograph).
Padrón (if you changed your address). Original and copy, issued within the last 3 months.
In the case the police don't inform you about how to pick up your new TIE, you will be able to pick up your card by booking an appointment here. Select the province where you live and the option “Policia-Recogida Tarjeta de Identidad de Extranjero” -Trámites Cuerpo Nacional de Policía tab-.
Unlike Step 1, this process can't be done by a representative and the applicant must present the documents and pick up the card in person.
The new TIE will be valid for a period of 5 years. After its validity is expired, it can be renewed to a permanent-type permit, which will have its validity extended to 10 years.
If you have any further questions, please do not hesitate to contact us on our Infoline.
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