Autorización de Regreso for UK Nationals Under the Withdrawal Agreement: What You Need to Know

UK nationals and family members of any nationality.

Those resident holding a temporary TIE have the right to apply for a permanent residence card as soon as the conditions (five years of lawful and continuous residence) are met, without requiring the expiration of the temporary residence card. This is in the WA and the Spanish resolution (instructions). Renewals can be made 30 days before expiry date or up to three months after. If the renewal is made within the 3 months after the expiry date, the authorities cannot refuse the renewal but may apply a sanction (fine). Considered a minor offense but fines imposed can be up to five hundred euros.

Understanding the Autorización de Regreso for UK Nationals Under the Withdrawal Agreement

The Autorización de Regreso (Return Authorisation) is generally required for non-EU nationals who need to travel outside Spain while their residency card (TIE) is being renewed or replaced or in exceptional circumstances. However, the situation for UK nationals covered under the Withdrawal Agreement (Article 50) differs slightly.

1. Residency Rights Under the Withdrawal Agreement: UK nationals who were legally residing in Spain before Brexit are protected under the Withdrawal Agreement. This agreement ensures that these individuals retain the same residency rights as EU Citizens in their member state of residency. which means their residency status in Spain is governed by the terms of the Withdrawal Agreement.
2. TIE Renewal and Travel: If you are a UK national and your Article 50 TIE is being renewed, you generally do not need an Autorización de Regreso to travel. Your rights are linked to the Withdrawal Agreement, not to the rules for third-country nationals. As long as you have your expired TIE, the resguardo (proof of renewal application), and your passport, you should be able to return to Spain without needing additional authorisation. You should also be able to show your expired TIE as long as within the time frame for renewal.
3. Legal Clarifications: Spanish immigration authorities have clarified that UK nationals under the Withdrawal Agreement are not subject to the same rules as third-country nationals when it comes to certain procedures, including the Autorización de Regreso. Although the Withdrawal Agreement does not explicitly exempt individuals covered by its provisions from needing the Autorización de Regreso, the agreement’s protections make such a permit unnecessary for UK nationals under Article 50 during the renewal process. Here’s why:Article 13 – Residence Rights: This article ensures that UK nationals who were residing in Spain before the end of the transition period (December 31, 2020) retain their residency rights. These rights are equivalent to those of EU citizens.Article 18 – Issuance of Residence Documents: EU countries are required to issue residency documents certifying the rights of UK nationals under the Withdrawal Agreement. During the renewal process, these rights continue to be protected.Article 14 – Non-Discrimination: This principle guarantees that UK nationals are treated no less favourably than EU citizens in similar situations, meaning they should not be subject to the same requirements as third-country nationals, including the Autorización de Regreso.

Practical Considerations for UK Nationals

• Check Local Immigration Procedures: While the law is clear, border control guards perceptions may vary. For peace of mind you may confirm with your local immigration office or Extranjería for guidance.
• Carry Relevant Documents: When traveling, ensure you have your expired TIE, proof of renewal (resguardo), and passport. It’s also helpful to carry additional proof of residency, such as utility bills or your empadronamiento (local registration), in case of border checks. You can also travel with the expired TIE which falls within the time frame for renewals. In the latter, border guards may stamp your passports suggesting  that there is no proof of continual residency.nWithdrawal Agreement and the Spanish resolution allow UK nationals who were legally residing in Spain prior to the end of the transition period to update their residency status to the new TIE card without requiring an Autorización de Regreso, even if they have been absent from Spain for a certain period (as long as they do not exceed the limits for absence).

• Full Text of Article 13 of the Withdrawal Agreement:
• Article 13  Residence rights

• 1.   Union citizens and United Kingdom nationals shall have the right to reside in the host State under the limitations and conditions as set out in Articles 21, 45 or 49 TFEU and in Article 6(1), points (a), (b) or (c) of Article 7(1), Article 7(3), Article 14, Article 16(1) or Article 17(1) of Directive 2004/38/EC.

• 2.   Family members who are either Union citizens or United Kingdom nationals shall have the right to reside in the host State as set out in Article 21 TFEU and in Article 6(1), point (d) of Article 7(1), Article 12(1) or (3), Article 13(1), Article 14, Article 16(1) or Article 17(3) and (4) of Directive 2004/38/EC, subject to the limitations and conditions set out in those provisions.

• 3.   Family members who are neither Union citizens nor United Kingdom nationals shall have the right to reside in the host State under Article 21 TFEU and as set out in Article 6(2), Article 7(2), Article 12(2) or (3), Article 13(2), Article 14, Article 16(2), Article 17(3) or (4) or Article 18 of Directive 2004/38/EC, subject to the limitations and conditions set out in those provisions.

• 4.   The host State may not impose any limitations or conditions for obtaining, retaining or losing residence rights on the persons referred to in paragraphs 1, 2 and 3, other than those provided for in this Title. There shall be no discretion in applying the limitations and conditions provided for in this Title, other than in favour of the person concerned.

• This article guarantees that UK nationals who were legally residing in Spain before the end of the Brexit transition period (December 31, 2020) retain their rights to live in Spain under conditions similar to those of EU citizens.