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Brexit and Exchange Driving Licence DGT Tráfico 30.10.2020

Update which includes end date for making your application.

New Instruction DGT

Please note the new instructions for exchanging your licence and information on what to do in the link below: including registering by telephone.

New protocol

On a telematic request for info from CAB Spain to DGT Tráfico on the 29th of September 2020, we have today received written confirmation of the new protocol that will be in place, plus the documentation that will be accepted to prove residency. The email also confirms validity of UK licences to drive in Spain post-Brexit, as a non-resident.

Out of respect, we include the complete text of the email, translated from Spanish.

Good Morning,

In relation to your request for information on the exchange or renewal of driving licenses issued in the United Kingdom, we inform you that, as indicated in your letter, we are currently in a transitional period for the definitive departure from the United Kingdom and Northern Ireland of the European Union so it will only be possible to exchange, replace or renew the British driving license if it is done before December 31, 2020. As established in article 7 of Royal Decree 818/2009, of 8 of May, which approves the General Regulations for Drivers, one of the requirements to obtain a driving license (either by examination or by exchange) is, in the case of foreigners, to prove the situation of normal residence or stay for studies in Spain of at least six months. In the second additional provision of the same Regulation, normal residence is defined as the place where a person habitually stays, that is, for at least one hundred and eighty-five days for each calendar year.

In the case of the United Kingdom and Northern Ireland, it has been established in the fourth instruction of the Resolution of July 2, 2020, of the Undersecretariat, by which the joint Instruction of the General Directorate of Migration and the General Directorate of the Police is published, which determines the procedure for issuing the residence document provided for in article 18.4 of the Withdrawal Agreement of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community , that:

“1. Nationals of the United Kingdom residing in Spain in accordance with the conditions established in the Agreement may request, in accordance with the provisions of article 18.4 thereof, the issuance of a residence document.

2. Applications may be submitted, in accordance with the third instruction, as of July 6. ”

Due to the urgency to regularize the residence of these citizens, their processing is being prioritized both by the Immigration Office of the Government Sub-delegations at the time of the resolution of the residence authorization and by the Immigration Offices of the National Police at the time of issuance of the TIE.

As these citizens have a reduced time to obtain the TIE, it is the criterion of this Deputy Sub-Directorate to admit as documentation proving normal residence, a mandatory requirement for the processing of the exchange of a British driving license to a national one, the following:

Foreigner Identity Card (TIE) or

Resolution of Authorization of the temporary or permanent residence issued by the Offices of foreigners of the Sub-delegations of the Government or

Receipt of Application or Renewal of Foreigner Card issued by the General Commissariat for Immigration and Borders since it is the step after the residence resolution and in said receipt the validity of the residence and the type of residence granted are reflected.

Both the Residence Authorization Resolution and the Foreigner Card Application or Renewal Receipt must indicate that the granted residence has a minimum validity period of 185 days (normal residence).

If the citizen presents the TIE, he will be proving both normal residence and identity, in the case of presenting the Residence Authorization Resolution or the Request or Renewal of Foreigner Card, he will only be proving normal residence, so to prove identity must present identification document such as passport.

Regarding the impossibility of requesting an appointment, it is reported that the request for the exchange of the driving license will be operational soon through a form on the electronic website of the DGT.

It is necessary for people interested in the exchange to fill out and present the form before December 25 since the permit must be verified with the United Kingdom before January 1, at which time the European network for verification of permits (RESPER) for verifications with the UK will no longer be operational.

The important thing is that presentation. Once received by DGT, the permit will be verified and if there is a problem they will contact the interested party to try to solve it so they should not wait until the last moment. Permits that are not verified before December 31 cannot be exchanged.

After submitting the form, they must make an appointment to complete the procedure at the headquarters indicated on the form. We know about the difficulties in obtaining appointments, but we hope to enable them soon. That appointment may be after December 31, no problem. The important thing is the presentation of the form and that the verification of the permit is carried out before that date. Note from CAB: no specific window or absolute deadline of 31st of January 2021 is mentioned.

In any case, only those British driving licenses that, as of December 31, have been verified with the issuing country (United Kingdom) and that meet all the requirements for their processing, including normal residence on the date on which they are issued, will be exchanged. The supporting documentation must be presented the day they go to the appointment at the traffic headquarters.

We would also like to remind you that as established in article 21 of the General Driver Regulations, driving licenses issued in third countries are valid for driving in Spain, provided they are in force and their holder is of the required age in Spain for the obtaining an equivalent Spanish permit, during the first six months after the holder acquires his normal residence in Spain or, failing that, six months after entering Spanish territory in a regular situation (note from CAB, so as non-resident). Therefore, as of January 1, 2021 (date of the final departure of the United Kingdom and Northern Ireland from the European Union), holders of driving licenses issued by the United Kingdom will have these periods to be able to drive on our national territory with their British driving permit. Note from CAB. There is no mention of an obligation to have the UK driving permit accompanied by an International Driving Permit, which confirms our research. Further note: after the 6 months, unless a convenio will be in place between Spain and the UK that will enable the exchange/’canje’ of UK driving licences for a Spanish driving permit, the only way to continue to drive in Spain legally would be to obtain a Spanish driving permit through a driving school, taking classes and both theory and practice exams.

Greetings,


DEPUTY DEPARTMENT OF TRAFFIC EDUCATION

Sincerely,
Dirección General de Tráfico
www.dgt.es

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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