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Can I return to Spain as a UK citizen if I was resident pre-Brexit?

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jayguazu

I've been Googling this and haven't been able to get a solid answer, or I'm just being thick and not understanding what I'm reading. I lived in Spain pre-Brexit and got the Certificado de Registro de Extranjería back in 2017. I left Spain during the transition period time, but if I were to go back now would I be able to get the TIE? From what I'm reading it seems to say that anyone resident before 2021 can exchange their Certificado for a TIE, but would that still be the case if I wasn't living there when the transition period ended?

SimCityAT

I've been Googling this and haven't been able to get a solid answer, or I'm just being thick and not understanding what I'm reading. I lived in Spain pre-Brexit and got the Certificado de Registro de Extranjería back in 2017. I left Spain during the transition period time, but if I were to go back now would I be able to get the TIE? From what I'm reading it seems to say that anyone resident before 2021 can exchange their Certificado for a TIE, but would that still be the case if I wasn't living there when the transition period ended?
-@jayguazu


I think you need to speak with the Embassy.

You could watch the video on this site 

Littleweed

If you had permanent residency, then your green residence certificate is still valid and you should be able to exchange it for a TIE. It's in the Brexit Withdrawal Agreement section 15;


"Once acquired, the right of permanent residence shall be lost only through absence from the host State for a period exceeding 5 consecutive years."


The rules are different for temporary residency which I believe expires after 6 months out of the country.

ms5226554

I am a Pakistani citizen, I am not a resident of Spain and UK, but I like Spain very much, I want to be a resident of Spain, I want to get married there and want to stay there.

stumpy

I am a Pakistani citizen, I am not a resident of Spain and UK, but I like Spain very much, I want to be a resident of Spain, I want to get married there and want to stay there.
-@ms5226554


Do you have a specialized skill?

Do you have work experience?

Do you have formal educational qualifications?


I suggest you read the Spain Guide which is located under Discover at the top left of this page.

SimCityAT

I am a Pakistani citizen, I am not a resident of Spain and UK, but I like Spain very much, I want to be a resident of Spain, I want to get married there and want to stay there.
-@ms5226554


Sorry but what does this have to do with the OP?

gwynj

@jayguazu


Under the Brexit Withdrawal Agreement, you gained the right to Spanish residence as you were living there before the end of the transition period. However, you seem to have been out of Spain for 2 or 3 years, so it's likely that, officially, you've managed to lose those rights. I'm also concerned that you waited more than 5 years to get your Article 50 TIE, as I suspect that your TIE would have been given the balance of 5 years of validity (to 2022), and you would have been able to apply for permanent residence in 2022.


If you've kept your holiday property there and visited occasionally, that would be better. As would sneaking back in by car (no border/passport checks) so you can pretend you've been quietly living there for the last year or two. :-) I would definitely not mention that I've been living back in the UK for 3 years.


At least you have your Certificado. That's a big plus.


And it's also good that the Cita Previa system has a TIE option that still mentions Brexit and British applicants with their Certificado.


It might be worth giving it a shot, even though you've probably left it too late. However, you should note that the TIE process does require a recent Padron certificate. You've probably had one before, so you know that your local town hall will need to see your property deeds or rental contract before they give you one. If you didn't keep a property in Spain, then this step alone will involve some time and expense to obtain, so you might feel that it's a lot of aggravation for something that's not a sure thing. In addition (the easy bits), you need the application form (EX-23 for Brits under Article 50), payment (Módelo 790, code 012), and a passport-style colour photo.


Good luck!

RibeiraSacra

To get a TIE I understand that you will need to prove you have been a resident in Spain before the withdraw agreement (WA) was implemented.  This is what age in Spain has to say.

However, at the time of the first days of the WA it was stated that obtaining a TIE is not obligatory.

UK and Spanish authorities have officially adopted a change of stance and are now recommending that everyone exchange their green residency document for a TIE. Exchanging will smooth out some processes and help when entering and existing the EU.

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