If you’re a UK national living in Spain who needs to renew their Withdrawal Agreement TIE residency card, here’s why you need to use form EX23 instead of EX17 for the process.
If you were resident in Spain before Brexit, then you were covered by what’s known as the Withdrawal Agreement. This means that your rights to live in Spain are protected and there are slightly different rules for you, compared to Brits who moved after Brexit and had to get a visa in order to obtain residency.
Before Brexit, resident Brits were issued with EU green residency certificates, but since 2020 they have been encouraged to switch these for a Foreign Identity Card or Tarjeta de Identificación de Extranjero, better known simply as a TIE.
Those who had been resident for less than five years were issued with a five-year temporary TIE card, while those who had been here longer than that were given a permanent TIE card or Tarjeta Permanente.
The first TIEs issued to Brits were given in July 2020, and many more applied for them throughout the rest of that year.
This means that those Brits who were given the five-year temporary TIE cards, will have had to renew them (upgrade to permanent) in 2025 or by the beginning of next year.
Typically, you’re able to renew a TIE card 60 days prior to expiration, but some police stations have only been allowing this once the expiry date has past and up to 90 days afterwards.
When you renew your TIE, you will have to complete a special form. For most non-EU residents this will be the EX17 form, but for Brits who were here before Brexit, you must use the EX23 form to renew your TIE instead. The same applies for getting a duplicate if you card is stolen, lost or you change address.
READ ALSO: The differences between Spain’s permanent and long-term residency cards
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It’s important that you use the EX23 because it could affect your rights in Spain moving forward. This is because it’s specifically for Brits protected under the Withdrawal Agreement (WA) and this is stated on these TIE cards of pre-Brexit Brits (more on this further down).
Be careful because some police stations or immigration offices have been telling Brits that they need to use EX‑17 form, but for those who have WA status, this is incorrect.
For renewals, it must be EX‑23, which is the same form used when they initially applied to switch their green card to a TIE.
Spain’s Ministry of Inclusion, Social Security and Migration, confirms that the EX23 is the correct form to use for those protected under article 18.4 of the Acuerdo de Retirada, which is the Withdrawal Agreement, in its list of which each form, or modelo in Spanish, is used for here.
Be aware that some officials at foreigners’ offices and police stations are not aware of the EX23 form and may erroneously tell you that you need the EX17. If this happens, it’s important that you show them the wording at the top of the EX23 so they can see why the EX17 isn’t the right form; it reads Solicitud de tarjeta (art. 18.4 del Acuerdo de Retirada).
READ ALSO: How Brits in Spain can renew their temporary residency TIE card
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The reason behind all this is that Brits protected under the WA are not regular third-country nationals, their rights are governed by an international treaty, instead of a national law, as in the case of those who moved here after Brexit or are from other non-EU countries.
Some law firms, such as Balcells Group have even said that applicants should bring a completed EX17 form as well, as a backup, in case their EX23 is not accepted, but this may cause problems in the future, and other expert sources are saying this is not recommended.
According to the Citizen’s Advice Bureau in Spain, there are several issues with these Brits using the EX-17 form for their renewals as it could lead to misclassification under the wrong legal framework, the invalidation of Withdrawal Agreement protection, as well as delays, incorrect fees, or rejection.
All of this means you should make sure you’re receiving the correct card, under article 50 or article 18.4.
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You can tell if it’s been done correctly because somewhere on your newly renewed card, it should say ‘Emitido bajo Art. 18.4 Acuerdo Retirada’, as should have been the case with your previous TIE as well.
You also need to make sure you receive a 10 year card after your renewal and not a five-year card.
You can download the EX23 form here. Either print it out and then fill it in to take to the police station with you or download an editable version and type directly on the form before printing it out.
In addition to your form, you will need some new passport photos, your old TIE card, your British passport, and a padrón certificate from the last three months if your address has changed since your old TIE card was issued.
You will also need to pay a fee at your local bank and get them to stamp modelo 790 Código 012 as proof and take that with you too.
