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Press release from the British Embassy Spain.
OFFICIAL – FOR PUBLIC RELEASE
PRESS NOTICE: Call for British residents in Alicante and Málaga provinces to get a TIE
The British Embassy in Spain is calling on British residents specifically within the Málaga and Alicante provinces to exchange their paper Green Certificates for a TIE (‘tarjeta de identidad de extranjero’) urgently.
This targeted push follows the publication of data from the Spanish Ministry for Inclusion, Social Security and Migrations which states that Green Certificate ownership is most prevalent within these two provinces where large number of British Nationals reside.
It is expected that these individuals will face considerable difficulties when the EU’s Entry Exit System comes into force in October this year. Under this new border system, all non-EU passengers crossing into Spain or other EU countries will need to register their name, passport details and biometric data unless they can present a valid uniform-format biometric residency card. For British residents in Spain, only a TIE will be accepted by Spanish and EU authorities. The Green Certificate will not be recognised because it does not meet the requirements to feature in Annex 22 of the Schengen Borders Code.
As a result, Green Certificate holders attempting to enter Spain or any other country in the Schengen zone may not have their residency rights recognised and may be wrongly accused of overstaying as a tourist in the EU. This could lead to them being denied entry and returned to the UK. Although there will be an appeals process, it may require the Green Certificate holder to return to the UK until it is resolved.
With hundreds of thousands of British Nationals – residents and tourists – passing through Alicante and Málaga airports each year, it is particularly imperative that anyone with a Green Certificate in those provinces exchanges it to a TIE as soon as possible, as the majority of residents have already done so.
His Majesty’s Ambassador Sir Alex Ellis said:
“We have already seen an increase in Brits getting a TIE since our campaign began, which is fantastic news, and we’re grateful to the community groups, charities and British people who’ve helped spread the word.
However, there remains a minority of British people still in possession of a Green Certificate so we want to reach them, explain why the TIE is so important and ensure they have one by October, in order to enjoy smooth travel into Spain and the Schengen area.”
The British Embassy in Spain has been running a campaign to encourage take up of the TIE since May last year and, most recently, has stepped up activity in the Alicante and Málaga provinces. This has included outreach events and engagements with charities and British groups
Please note the response to the paragraph in bold from the Citizens Advice Spain.
“The aforementioned statement in bold is deeply alarming and legally unfounded. It misrepresents the legal status of Green Certificate holders under both Spanish and European Union law. Green Certificates (Certificado de Registro de Ciudadano de la Unión) remain valid proof of residency under the Withdrawal Agreement and cannot lawfully be disregarded by Spanish border authorities. Denying entry to a legal resident, or threatening removal to the UK, constitutes a violation of international law and the rights enshrined in the Withdrawal Agreement.
Let us be absolutely clear: this practice is against the law. Residency rights do not evaporate at the border, nor can they be arbitrarily dismissed by administrative convenience. Anyone who finds themselves in this terrifying and unlawful situation, denied entry, threatened with removal, or told their residency is not recognised, is entitled to legal redress.
We urge anyone who is travelling with a Green Certificate because they have been unable to obtain a TIE appointment—and who is then denied entry, told their residency is not recognised, or threatened with being sent back to the UK—to contact Citizens Advice Spain immediately. Our legal team is prepared to act swiftly to challenge these unlawful decisions and ensure your rights under the Withdrawal Agreement are upheld.
We will not stand by while people’s rights are disregarded. We will act .and we will work through the proper legal channels to ensure those rights are respected and upheld.
