Is There Still Time To Get New Residency Document And Exchange Driving Licence Before 31.12.2020

With the recently announced new procedure for first time residents, so those that do not have a green EU residency certificate as proof of their registration on the Registro de Extranjeros de la Unión, it will become increasingly uncertain if UK nationals can arrange for their application as residents, obtain their TIE and exchange their driving licence for a Spanish permit before the end of the Transition period.

Several steps to take:

1. Make an appointment with the Immigration Office in the capital of your province to process your application (or apply online through the Mercurio module on the cita-previa website). They can take 3 months to resolve your application. Use a professional (lawyer).
If resolved favourably, within 30 days of receiving notification:
2. Make an appointment with Extranjería office National Police to apply for a TIE, to get fingerprints taken etc. As of the date of your appointment, it will take 3 to 4 weeks for your card to be ready for collection.
3. Make an appointment with DGT Tráfico for the exchange of your UK driving licence for a Spanish driving permit. If the office in your area has no facilities to check your entitlement online, this will be a 2-step procedure, where at the first you only provide a copy of your UK licence, wait till DGT has checked your entitlement with the DVLA, to be called back for a 2nd appointment when you will hand in your original UK licence and receive a temporary Spanish permit in return.

Possible scenario: if you can get an appointment for step one early in July, you will probably not receive the resolution before early October (speaking from experience with these procedures). To get an appointment for step 2, another month. So early November.  Pick up TIE 3 to 4 weeks later. That leaves 4 weeks for the exchange of your driving licences. With the rush on appointments we know occurred before the exit date, this is extremely short, even if you choose the option ‘tramites oficina’ which produces the shortest waiting lists at the moment and provided your office can check your entitlement online, see above. If not, then hopefully Tráfico will allow you to complete the process as long as the first appointment has taken place before the end of the Transition period. Alternatively, you could make an appointment with Tráfico preemptively, for the end of November or December, provided you already have an NIE number.

Needless to say that with every week the first appointment moves on towards the end of the year, the more likely it is that not all administrative procedures can be realised in time. But what about UK nationals that had planned to arrive in October, November or December? As long as they meet the requisites for legal residency, they will have made legal use of their freedom of movement under EU law, but how about the administrative process to regularise their situation under the Withdrawal Agreement?

As announced on our facebook group yesterday, we have contacted the European Parliament and the European Comission about the illegal procedure for new residents, causing unnecessary delays. We will also write to DGT Tráfico to ask for options for Brits that have started their residency before 31.12.2020 but without sufficient time to get their special TIE issued, let alone for the exchange of their driving licence for a Spanish permit.

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.