Bringing Family members/Dependents over to live with you in Spain under the scope of the Withdrawal Agreement
If you already have your residency in Spain under the scope of the Withdrawal Agreement, you have the right to bring over immediate family members to live with you, should they wish to live in Spain for more than three months. In order to apply for residency in this way, please see below information and guidance on the TIE application process under the Withdrawal Agreement. They will also need to demonstrate their relationship to you with an official document (such as a birth or marriage certificate). You can find how to order a copy of these documents here. This document will need to be legalised.
The following requirements must also be met when applying for your family member as a dependant:
For children and grandchildren, proof that they are under age of 21 or they are a dependent (if they are dependents, be under age of 26).
For parents and grandparents, proof of dependency.
For other family members, proof of dependency that requires personal care from the EU national or a proof living together for a period greater than 24 months in the country of origin.
Any family member who, due a disability or serious health issues, has to take care of the resident.
For married partners, proof of marriage status before the end of the transition period (certificate dated before the end of 2020)
For non-married partners, proof of a long-term relationship of atleast 1 year (such as padrón de convivencia, pareja de hecho or inscription to any other public register alongside the UK national), and that the relationship existed before the end of 2020.
Your family member will also need to demonstrate that they are already residing in Spain and are living here at the point of application. This can be demonstrated with the following documents.
TIE or Residence Certificate
Padron registration certificate,
Rental contracts/property ownership,
Employment contract/registration at a school.
Other supporting documents (utility bills, medical appointments, other)
Although it may be possible for family members of UK nationals under the scope of the withdrawal agreement to demonstrate their own sufficient means, it is highly likely that if there isn't a level of dependency demonstrated within the application (whether it is financial, or physical), the application will not be successful, and your family member will need to pursue other routes to residency in Spain.
How do I get the TIE?
Since 6 July 2020 the Spanish government has introduced a new residency document aimed to substitute the current EU Residency Certificate for UK nationals. This document is a foreigner’s identity card (TIE, or Tarjeta de Identidad de Extranjero) specifically directed to UK nationals, as it reflects the fact that the holder is a beneficiary of the Withdrawal Agreement between the UK and the EU, and therefore will be able to reside in Spain and continue enjoying their rights after the end of the transition period in the same way as before.
Step 1 - Registering your documents
You must first provide the administration proof of residency and apply for the residency status (similar to the former EU Resident Certificate application process) at the designated Immigration Office for your region.
To arrange an appointment in your province, you will have to arrange an appointment here. Choose the province you live in and after choose the option Trámite para la documentación de ciudadanos del Reino Unido (Brexit) -Trámites Oficinas Extranjería tab -. If this option does not appear in your province, choose the "Solicitud de Autorizaciones" option instead. Then, follow the further instructions.
Completing this process will arrange an appointment at an Immigration Office for a specific date and time.
If you have a Digital Certificate, the documents can be presented online through the sede electrónica via this link. To learn how to obtain a digital certificate, visit our guide. To see a step by step guide to uploading your documents online click here.
The documents you will have to present for the first step are:
Filled Model EX-20 form (original and copy) - unofficial translated form here for information only - in section 4, to tick the box "Nacional de Reino Unido, familiar del otro nacional incluido en los apartados anteriores" and enter the details specified.
Passport (copy of all pages) & Residency document of UK National who's family member is applying.
Passport (copy of all pages) of person applying for residency.
A document stating when you started living in Spain. (applicable documents listed above)
Demonstration of the relationship to the family member
If employed, provide any of the following documents:
Certificate of employment with the name and address of the company, as well as the tax identification and contribution account, or;
Work contract registered at the Public Service of Employment -Servicio Público de Empleo-, or the contracting confirmation and its conditions through the CONTRAT@ platform, or;
Social Security affiliation document.
If self-employed, provide any of the following documents:
Registration in the census of economic activities, or;
Inscription in the Mercantile Registry, or;
Social Security affiliation document.
If not employed, provide both documents:
Public or private health insurance with coverage in Spain equivalent to that provided by the National Health System. (Pensioners: the authorities and the Foreigner's Office should accept the S1 form as proof of health coverage.)
Proof of sufficient means (usually in the form of a bank statement and certificate). More information here.
This process can be done by a representative of the applicant. The representative will need to present the documents in person together with a Representative Designation document signed by the applicant.
After completing this process, a receipt of presentation of the application will be provided to you, allowing you to legally stay in Spain until the resolution is issued (this usually takes up to 3 months, but can take longer in some regions).
If the resolution is marked as “favorable”, you will be able to request the TIE with the EX-23 form. If you receive a “requerimiento”, you will have 10 days to provide the missing documents to the Immigration Office. If the resolution is marked as "No favorable", your application has been rejected, and you must review your resolution letter.
You can find how to track your application using our guide HERE.
Step 2 - Applying for the TIE
Once you have obtained a favorable resolution after presenting the EX-20 application, you can then apply for the TIE. To request the TIE it is necessary to make an appointment online with the Oficina de Extranjeros -cita previa-, which can be done by clicking this link.
Once the appointment is arranged, you will need to provide the following documents:
Residence certificate//Resolution of Extranjería (if presented model EX-20).
Filled Model EX-23 form (original and copy) - unofficial translated form
Passport (original and copy).
Passport-size photograph 32x26 (ID photograph).
Padrón (if you changed your address). Original and copy, issued within the last 3 months.
In the case the police don't inform you about how to pick up your new TIE, you will be able to pick up your card by booking an appointment here. Select the province where you live and the option “Policia-Recogida Tarjeta de Identidad de Extranjero” -Trámites Cuerpo Nacional de Policía tab-.
Unlike Step 1, this process can't be done by a representative and the applicant must present the documents and pick up the card in person. If you have mobility concerns, and do not feel you can attend an in person appointment, you could look to request a mobility unit to be dispatched. Please contact us for more details on this process.
The new TIE will be valid for a period of 5 years and you will be allowed to leave Spain up to 6 months per year without losing your residency. After its validity is expired, it can be renewed to a permanent-type residency permit, and your allowed leave will be extended to 5 years.
Note that taxation rules also need to be considered in relation to your residency status and length of absence from Spain. We recommend you consult a tax advisor for more information.
If you have any further questions, please do not hesitate to contact us on our Infoline.
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