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Why UK Nationals Renewing the TIE  should use EX 23 not a EX17 

Posted in: Information Topic, Residency,
Author: Myra Cecilia Azzopardi
Tags: ,

Clarifying confusion about the correct form under the Withdrawal Agreement

UK nationals living in Spain under the EU–UK Withdrawal Agreement (WA) are issued a TIE (Tarjeta de Identidad de Extranjero) that reflects their special legal status under Article 18.4 of the WA. This applies both to those with temporary and permanent rights.

Many UK nationals are now approaching their TIE renewal period  are encountering a  problem: Some police stations or immigration offices are incorrectly insisting that they use Form EX‑17, which is not correct for WA beneficiaries.

The correct form EX23

The official procedure is laid out in Spain’s Resolution of  2020, which publishes the joint instruction by the Dirección General de Migraciones and the Dirección General de la Policía. This instruction governs how TIEs must be issued and renewed for UK nationals.

Under renewals it states clearly:  “La solicitud deberá presentarse en el modelo oficial establecido al efecto. (“The application must be submitted using the official form established for this purpose”).


Earlier in the same annex, the only form “establecido al efecto” is:  EX‑23 – Solicitud de tarjeta (art. 18.4 Acuerdo de Retirada)

So, although the form name is not repeated in section “sexto,” it is legally understood that renewals must use EX‑23, the same form used for initial applications under the Withdrawal Agreement for those who held a registration document.

Why the EX17 is not appropriate.

EX‑17 is the standard application for foreigners under Spain’s domestic immigration laws,  often used for non-EU nationals renewing residence permits or long-term stays.

However, UK nationals under the Withdrawal Agreement are not treated as regular third-country nationals. Their rights are governed by international treaty, not national law.

Using EX‑17 risks:
 Misclassification under the wrong legal framework
 Invalidation of Withdrawal Agreement protections
Delays, incorrect fees, or rejection.

I would like to add that I have spent many hours researching this topic and I can see how some staff at the foreigners offices make the mistake and insist on the EX 17.

If you’re a UK national renewing your TIE under the Withdrawal Agreement:

Use EX‑23, not EX‑17

EX-23. Screenshot from instructions on the governments Cita Previa site.

 

Screenshots from the Spanish government’s Brexit Guide.

TIE Application and Updating FAQs For UK Nationals and Their Families.

 

 

 

Please note: The information provided is based upon our understanding of current legislation. It is not legal advice but is provided freely to enable you to be properly informed. We recommend that if you are considering taking action, you should seek professional advice.

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