Staff Reporter
Guest post by Myra Cecilia Azzopardi of the CAB (Citizens Advice Bureau)
As 2025 progresses, many British citizens in Spain who moved before 1 January 2021 are reaching their five-year mark of continuous legal residence. That means they’re now eligible to become permanent residents under the UK–EU Withdrawal Agreement.
But many are facing a practical problem:
“I can’t get an appointment to renew or update my TIE, what happens to my residency?”
This article is to reassure you: your legal right to live in Spain is protected. Even if your TIE card expires or you cannot get an appointment in time, you do not lose your residency.
Your permanent residency is granted by international and Spanish law, not by the physical card.
What the Withdrawal Agreement and Spanish Law Say
If you moved to Spain before 1 January 2021 and registered under the Withdrawal Agreement, your residency rights are protected.
After five years of continuous legal residence, you gain permanent residence status.
Withdrawal Agreement.
Article 15.
“Right of permanent residence
Union citizens and United Kingdom nationals, and their respective family members, who have resided legally in the host State in accordance with Union law for a continuous period of 5 years or for the period specified in Article 17 of Directive 2004/38/EC, shall have the right to reside permanently in the host State under the conditions set out in Articles 16, 17 and 18 of Directive 2004/38/EC. Periods of legal residence or work in accordance with Union law before and after the end of the transition period shall be included in the calculation of the qualifying period necessary for acquisition of the right of permanent residence”.
Regarding the loss of residency rights, Article 15(3) of the Withdrawal Agreement specifies:
“Once acquired, the right of permanent residence shall be lost only through absence from the host State for a period exceeding five consecutive years”.
This means that if you remain living in Spain, you cannot lose your status just because of a delay in renewing your card.
So even if your TIE appointment is delayed and your card expires, your legal right to reside continues.
Paaragraph 1 and 2 transalated from the Spanish Resolution of 2020.
“In cases where the interested party is the holder of a permanent residence document, a residence document will be issued for ten years, automatically renewable every ten years. The non-submission of an application for renewal of the residence document within the time limits laid down in paragraph 2 shall in no case imply the loss of your right of permanent residence”.
“Paragraph 2. The application must be submitted in the official model established for this purpose, during the month prior to the expiration of the residence document, and may also be submitted within three months after said expiration date without prejudice to the corresponding administrative sanction”.
Although the above refers specifically to holders of permanent residence cards, under the Withdrawal Agreement, the right of permanent residence itself is acquired by law, by lawfully residing in the host State for five continuous years, not by holding the card. Therefore, it is reasonable to conclude that the same principle should apply to those who have reached permanent resident status through five years of lawful residence, even if they are only now updating their cards to reflect this new status
To expand on this right, here is a screenshot from the Spanish government’s FAQs on Brexit.
But You Still Need to Renew the Card
While your right to reside doesn’t expire, the TIE card does.
Even if you have permanent status, you still need to update your card to reflect this, for example, changing it from a temporary to a permanent card.
Reasons to renew include:
•It’s needed for travel (especially re-entry to Spain)
•It’s used in identification with banks, healthcare, and public authorities
•You may face issues at borders or with official transactions if your card is expired
What If You Can’t Get an Appointment?
Many residents report that no appointments are available on the extranjería booking systems. If that’s your case:
What to do:
•Keep a dated screenshot of your attempts to book an appointment
•Save copies of appointment request forms or website errors
•Try booking online via Cl@ve or with a digital certificate
•Use the Mercurio platform to submit your renewal application online if it is available for your area
•Stay registered on the padrón municipal
•Carry your expired TIE, padrón certificate, and proof of appointment attempts when dealing with authorities or travelling
If needed, you can ask your subdelegación de gobierno or extranjería office for a certificate confirming your legal status.
Remember :
You Are Still Legally Resident
Even if your card is expired or you’re unable to renew it yet:
•You are still legally resident
•You do not need to reapply for residency
•Your permanent residence status is not lost
•Your right is protected by EU and Spanish law
If you or someone you know is affected, share this information. The lack of appointments is frustrating but it does not mean you are no longer a resident. Your status is permanent and your rights are protected.
