Information for UK nationals residing in Spain on 31 December 2020 and their families

The Withdrawal Agreement ensures that those who benefit from it maintain their same legal status once the transitional period is over. Therefore, those who have exercised their right to reside or work in accordance with Union law before 31 December 2020 and who continue to do so thereafter will have exactly the same rights as they had been enjoying, and will also be subject to the same restrictions and limitations.

This includes frontier workers, meaning a United Kingdom national who has exercised an economic activity, in accordance with Article 45 or 49 of the Treaty on the Functioning of the European Union, as a frontier worker in Spain before the end of the transitional period andremains, after its end, being a non-resident.

The procedure for issuing the frontier worker certificate on the basis of the Withdrawal Agreement has been operational since 1 January 2021 (see the Joint Instruction of the Directorate General of Migration and the Directorate General of Police determining the procedure for issuing the document provided for in Article 26 of the Withdrawal Agreement).

On that basis, the frontier worker may apply for a document attesting his status as a beneficiary of the Withdrawal Agreement.

  • What should I do to obtain the document provided for in article 26 of the Withdrawal Agreement?
    This document can be obtained following two steps: first, you need to apply for it at the foreigner’s office (Oficina de extranjería) (first step) and then you must request its expedition at the police department (second step).

FIRST STEP

  • In which foreigner’s office should I apply for the document and how should I do it?
    You may do so at the foreigner's office of the province (Oficina de extranjería) in which you work, either in person or by electronic means.
  • What documentation will I have to provide to make the application successful?
    It will be necessary to attach the documentation listed in paragraph 3 of the fifth Instruction (application form, passport) being particularly relevant the proof of having had the condition of a frontier worker before the end of the transitional period. This proof can vary according to the type of employment relationship (e.g. employees will have to provide a proof (declaration) of recruitment from the employer or a certificate of employment).

    Once the application has been submitted, its receipt will be sufficient to prove the status of its holder as a frontier worker in Spain until the expedition of the document provided for in Article 26 of the Withdrawal Agreement.

SECOND STEP

  • What should I do once I get the approval from the foreigner’s office?
    Once the foreigner’s office (Oficina de extranjería) has approved the application, it will be necessary to apply for the issuance of the document provided for in article 26 of the Withdrawal Agreement before the established police departments.
  • What do I need to bring to the police station in order to get the foreign identity card (TIE)?
    The application form, your passport, proof of the payment of the corresponding fee and a photograph must be provided. When the document is issued, the citizen must prove that he is the recipient of the document by presenting his valid and current passport.
  • Where can I find more information?
    For further information, we recommend reading the Instruction.