Important Notice for UK Nationals with Backdated TIE Cards

If you have received a TIE card dated January 2020 or before July 6,  please be aware that there may be an issue with the backdating of your card. According to Spanish law, the official process for issuing TIE cards to UK nationals under the Withdrawal Agreement began in July 2020, after the publication of the relevant legal framework in the BOE (Official State Bulletin).

At this stage, we believe this backdating may be an error, as the legal basis for issuing the TIE cards did not exist before that time. Additionally, we have received reports of individuals being asked to go through the full TIE application process again, even after receiving a backdated card. This request raises further concerns about the validity of the backdating and its potential impact on residency status.

To my knowledge after checking the law, the Spanish Constitution and Civil Code, according to Article 2 of the Spanish Civil Code, laws cannot have retroactive effect unless expressly stated. This principle ensures that the starting date for the application and issuance of documents outlined in the resolution, starting from July 6, 2020, does not apply retroactively. Therefore, individuals must follow the procedures from this date onward, and no documents or applications should be backdated to a time prior to the publication of the law.

Administrative Error Should Not Penalise Individuals:

• UK nationals followed the correct process based on the available rules.
• If Spanish authorities wrongly backdated the TIEs, the burden of correction should not fall on the affected individuals.

Residency Rights Under the Withdrawal Agreement:

• The Withdrawal Agreement protects UK nationals legally residing in Spain before December 31, 2020.
• If they already hold a TIE (even with an incorrect date), they should not be forced to reapply as if they never had one.

We are currently considering a challenge letter to address this issue with the authorities.

If you are affected by this issue, we recommend that you contact Citizens Advice Spain

The above is published with my understanding of the law and can be challenged.

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.