TIE residence document: article 18.4 of the Withdrawal Agreement of the UK and the European Union

First. Object. The purpose of these instructions is to establish the form, requirements and deadlines for issuing the residence document referred to in article 18.4 of the Withdrawal Agreement.

Second. Personal scope of application. For the purposes of these instructions, the provisions of the Withdrawal Agreement will be followed with respect to its subjective scope of application, being applicable to nationals of the United Kingdom, members of their families and any other persons residing in Spain in accordance with the conditions established in title II of the Agreement.

Third. Temporal scope of application.

1. The application for residence documents by nationals of the United Kingdom, the members of their families and any other persons residing in Spain in accordance with the conditions established in Title II of the Agreement may be made from 6 July 2020.

2. In the case of persons whose right of residence in Spain begins after the end of the transitional period in accordance with the provisions of title II of the Agreement, the deadline for submitting the application will be three months from their arrival in Spain or from for birth to occur. If the applications are submitted after this period, the immigration offices will assess the circumstances and the reasons for the non-compliance and will grant the interested party an additional sufficient time to submit the application if the reasons for the non-compliance are based on an assessment of the immigration office.

3. In those cases where it is processed in person, an appointment must be obtained.

Fourth. Issuance of the residence document provided for in Article 18.4 to United Kingdom nationals residing in Spain in accordance with the conditions established in the Agreement.

1. Nationals of the United Kingdom residing in Spain in accordance with the conditions established in the Agreement may request, in accordance with the provisions of article 18.4 thereof, the issuance of a residence document. This residence document will be issued in accordance with the uniform model of residence permit for third-country nationals provided for in EC Regulation No. 1030/2002 and must be indicated in the field corresponding to the Type of permit «Article 50 TEU» and, in the field corresponding to Observations, the following phrase “issued in accordance with Article 18.4 of the Withdrawal Agreement” must be included.

2. Applications may be submitted, according to the third instruction, from July 6. In the case of people whose right of residence in Spain begins after the end of the transitional period in accordance with the provisions of title II of the Agreement, the deadline for submitting the application will be three months from their arrival in Spain or from the produces the birth, without prejudice to the possibility of granting a sufficient additional period for well-founded reasons.

3. The procedure for obtaining this residence document is established based on whether the UK national: Holds a registration certificate, temporary or permanent; or, lacks the same for not having requested it before the date set forth in these instructions or for having arrived in Spain in the period comprised from the date set forth in these instructions (that is, after July 6) and the end of the period transitory or at a later time.

IT IS IMPORTANT TO NOTE THAT HOLDERS OF AN EU CITIZEN GREEN RESIDENCE REGISTRATION CERTIFICATE EITHER A4 SIZE OR GREEN PAPER CREDIT CARD SIZED HAVE NO OBLIGATION TO DO ANYTHING UNLESS THEY SO WISH. THE GREEN DOCUMENTS ARE COMPLETELY VALID FOR THE TIME BEING.

Depending on the circumstances in which the UK national is found, obtaining this residence document will require one step (before the police agencies that are empowered to issue it, upon payment of the established fees) or two steps (before the immigration office that will grant, where appropriate, the residence document and, later, before the police department that is enabled to issue the document, upon payment of the established fees).

Remember that: – The withdrawal agreement does not require physical presence in Spain at the end of the transitional period, and temporary absences that do not affect the right of residence must be accepted, in accordance with article 11 of the Agreement, as well as longer absences that do not affect the right of permanent residence. This element should be considered both for the issuance of the residence document and for its renewal. – In relation to permanent residence, the rules regarding the prior residence terms remain in force in accordance with article 15 of the Agreement. –

Applications for registration certificates shall be understood and processed as applications for the residence document in Article 18.4 of the Agreement, the provisions of this instruction being applicable. – The periods of residence in Spain prior to your application will be considered in accordance with article 16 of the Agreement. Therefore, despite the fact that according to the Commission’s Implementing Decision, the residence documents issued must have a minimum validity of five years, applications will be accepted for the issuance of a new permanent residence document when the requirements are met. provided for in article 15 of the Agreement (including the five years of legal residence in Spain) despite the fact that the first residence document issued has not expired. It will be presumed that the start of legal residence in Spain has occurred on the date of issuance of the temporary registration certificate if it had been issued.

a) If the national of the United Kingdom is the holder of a certificate of temporary registration and has not reached five years of legal residence in Spain, he may personally request the issuance of the residence document before the established police units. – At the time of their request, the interested citizen must provide the following documentation: • Application form -EX 23 Card application (art. 18.4 Withdrawal Agreement). • In date and valid passport of the applicant. In the event that the passport is expired, a copy of it and the renewal application must be provided. • Proof of payment of the corresponding fee (form 790, code 012). • A photograph, in accordance with the requirements established in the national identity document regulations. – At the time of the delivery of the residence document, the citizen must prove to be the recipient of this through the presentation of their In date and valid passport. – This residence document will be valid for five years and the term «Temporary» will be entered in the field corresponding to the Type of Permit. After its validity, it must be automatically renewed in accordance with the provisions of instruction 6.

Those persons who have reached five years of legal residence in Spain may access permanent residence (as established in Article 15 of the Agreement) before the validity of the residence document issued expires, requesting the issuance of a new document of residence to the police units that are enabled that, after verifying the duration of the residence, will issue it. This new residence document will be valid for 10 years and the term “Permanent” will be entered in the field corresponding to the Type of Permit. After its validity, it must be automatically renewed in accordance with the provisions of instruction 6. b) If the national of the United Kingdom is the holder of a temporary registration certificate and has reached 5 years of legal residence in Spain (without having obtained, prior to the application for this residence document, a permanent registration certificate), he / she may request personally, before the police units that are established, the issuance of the residence document that, after verifying the duration of the residence, will issue it. – At the time of their request, the interested citizen must provide the following documentation: • Application form -EX 23 Card application (art. 18.4 Withdrawal Agreement). • In date and valid passport of the applicant. In the event that the passport is expired, a copy of it and the renewal application must be provided. • Proof of payment of the corresponding fee (form 790, code 012). • A photograph, in accordance with the requirements established in the national identity document regulations. – At the time of delivery of the residence document, the citizen must prove to be the recipient of the residence document by presenting their In date and valid passport. – This residence document will be valid for ten years and the term “Permanent” will be entered in the field corresponding to the Type of Permit. After its validity, it must be automatically renewed in accordance with the provisions of instruction 6. c)

If the national of the United Kingdom is the holder of a permanent registration certificate, he may personally request the issuance of the residence document before the established police units. – At the time of their request, the interested citizen must provide the following documentation: • Application form -EX 23 Card application (art. 18.4 Withdrawal Agreement). • In date and valid passport of the applicant. In the event that the passport is expired, a copy of it and the renewal application must be provided. • Proof of payment of the corresponding fee (form 790, code 012). • A photograph, in accordance with the requirements established in the national identity document regulations. – At the time of the delivery of the residence document, the citizen must prove to be the recipient of this through the presentation of their In date and valid passport. – This residence document will be valid for ten years and the term “Permanent” will be entered in the field corresponding to the Type of Permit. After its validity has expired, it must be automatically renewed in accordance with the provisions of instruction 6. d)

At the time of writing the appointments available in Tenerife are limited and are issued weekly on a Friday for the following week; if you see a screen similar to this it means there are no more free appointments at that time and you must keep trying.