Green Certificates Clarification: Entry into Spain after Travelling to the UK

For UK nationals residing in Spain under the EU-UK Withdrawal Agreement, the green certificate serves as valid proof of residency in Spain and should not cause issues when returning to Spain after traveling to the UK.

The concern about being treated as a tourist and not being allowed entry applies primarily to travel to other EU member states under the Entry/Exit System (EES) for third-country nationals. However, this situation should not apply when returning to Spain from the UK. Here’s why:

1. Residency Rights in Spain

The green certificate is issued as proof of residency for UK nationals under the Withdrawal Agreement. It confirms the holder’s right to reside in Spain, not as a tourist.

2. Travelling to the UK and Returning to Spain

When leaving Spain for the UK, UK nationals are free to travel as normal, as they are returning to their country of citizenship.

Upon returning to Spain, the green certificate should be recognised as valid proof of residency rights, and UK nationals  cannot be treated as tourists nor face the same entry restrictions applied to third-country nationals.

3. No EES Complications for Re-entry to Spain

The Entry/Exit System (EES) and biometric checks are primarily designed for third-country nationals entering the EU, but these do not apply to UK nationals returning to their country of residence, Spain.

Manual checks may still occur, but these will be for routine verification, not for entry denial, as the green certificate proves the individual’s residency status in Spain.

4. Other EU Countries Border Control

It is important to note that other EU countries’ border controls may not necessarily recognise the green certificate as valid for entry purposes. Therefore, UK nationals traveling to other EU member states may experience difficulties under the EES system as the green certificate is primarily a residency document and may not be accepted as a proof of rights under the Withdrawal Agreement in those countries.

The issue of being treated as a tourist and facing entry restrictions under the EES system applies only when travelling from Spain to other EU member states. UK nationals returning to Spain with a green certificate should not face these challenges. The green certificate is valid proof of residency in Spain and should allow for smooth re-entry into the country without the complications experienced at borders with other EU states. However, UK nationals should be aware that other EU countries may not recognise the green certificate as valid for entry.

Not wishing to add confusion, but we should expect clarity:

Reference Text from the European Commission

1. Travel to my EU country of residence

“You will need a passport and a residence document issued by your EU country of residence. The same rules apply to your non-EU family members who are covered by the EU-UK Withdrawal Agreement.”

2. Important information on residence documents issued under the EU-UK Withdrawal Agreement

“In some EU countries, UK nationals were required to apply for a new residence status and were issued with a new Withdrawal Agreement residence document in the form of a biometric residence card.  You must carry this document with you when travelling or if you don’t have this card yet, you must carry a certificate of application.”

“We strongly recommend that you and your family members apply for the new biometric residence card, even if you reside in an EU country where you did not have to apply for a new residence status. As well as facilitating travel, this biometric residence card will exempt holders from the Entry/Exit System (EES) and the European Travel Information Authorisation System (ETIAS) when they become operational.”

Note*  It explicitly says:

“We strongly recommend… even if you reside in an EU country where you did not have to apply for a new residence status.”

This suggests the green certificate remains valid, just less practical

3. Travel to another Schengen area country

“UK national Withdrawal Agreement beneficiaries travelling from their Schengen country of residence to another Schengen area country fall under the “visa free short stay rule” meaning they can travel visa free for a maximum of 90 days within a 180-day period.”

“In addition, in line with Schengen rules, any non-EU national legally resident in a Schengen area country, whether subject to a visa obligation or not, must have a residence document and a valid travel document for travel to another Schengen area country for a short stay.”

“You will therefore need a residence document issued by your EU country of residence, as well as your passport when you travel to another Schengen area country.”

Key Contradictions and Discussion Points

Green certificate validity is not denied:

The guidance does not say the green certificate (non-biometric) is invalid. In fact, it states it must be carried if a biometric TIE hasn’t yet been issued. This implies legal recognition remains.

Biometric TIE is recommended — not required:

The EU strongly recommends the TIE for facilitating travel and compatibility with EES/ETIAS, but this is not a legal obligation.

Returning to your country of residence (e.g. Spain):

The guidance confirms a passport and residence document are needed, no requirement that the document must be biometric. Therefore, UK nationals returning to Spain with the green certificate should not be denied entry.

Cross-border travel to other Schengen countries:

Problems may arise due to lack of machine-readability and border officer awareness when travelling with a green certificate, even though it remains a valid document under the Withdrawal Agreement.

Travel documents:

To clarify: Neither the TIE nor the green certificate is a travel document,  both are proof of residency under the Withdrawal Agreement. A passport remains the actual travel document. However, the TIE is being accepted more widely for cross-border travel simply because it is biometric and machine-readable, not because it holds different legal status.

UK nationals with a valid green certificate continue to hold lawful residence in Spain, and the lack of biometric features should not undermine this. The issue is not legal recognition but practical compatibility with automated systems and lack of awareness at some borders

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.