TIE Renewal Under the Withdrawal Agreement – Are Offices Refusing Early Renewals?

Update – 12/07/2025

We are receiving ongoing feedback from our members regarding the refusal by many Foreigner Offices at the Comisarías (Police Stations) to process WA TIE renewals before the card’s expiry date.

While a few knowledgeable officers are allowing renewals up to one month before expiry, this is not the general practice, and most offices are turning applicants away if they apply before expiry date. Resolution from July 20 20, which has been provided to all foreigners offices and is not being correctly interpreted,  though incudes clear instructions and regulations showing the option to renew the TIE one month before or three months afterwards without prejudice to sanctions for late renewal.

We understand the frustration, especially given the difficulty in securing appointments. However, we advise caution. Unless you are certain your local office accepts early renewals, it may be wiser to wait until after the expiry date to renew, particularly for those whose WA TIE cards were issued under the Withdrawal Agreement.

We do not want you to risk losing a hard-to-get appointment unnecessarily.

Please continue to share your experiences so we can keep this information up to date for everyone.

There is growing concern among UK nationals in Spain protected by the Withdrawal Agreement (WA) over inconsistent practices by foreigners’ offices (extranjerías) when it comes to renewing their WA-issued TIE (Tarjeta de Identidad de Extranjero)

while there is no official national directive published that changes the renewal timing under the Withdrawal Agreement, there have been multiple, credible user reports from across Spain indicating that some foreigners’ offices are refusing to accept WA TIE renewals until the card has expired.

The Problem

Despite the fact that the Joint Instruction of 2020, which governs the implementation of the Withdrawal Agreement in Spain, does not state that a TIE must expire before it can be renewed, reports are surfacing across Spain of extranjerías refusing to accept renewal applications before the expiry date.

This issue appears to be localized and unofficial, with no published resolution, BOE update, or formal instruction to support this change in practice. Yet, British residents are increasingly being told verbally, without documentation, that their applications cannot be processed until their TIE has expired.

To clarity.  While adaptations to the Resolution of 2 July 2020 may be made in the future, there appears to be no new or updated resolution published in the Boletín Oficial del Estado (BOE) to date. Therefore, Foreigners’ Offices must adhere to the renewal procedures established in the original July 2020 resolution, which allows renewal applications up to one month before the expiry date. Verbal instructions or informal commands from any higher office cannot override or contradict these official, published guidelines.

Where Is It Happening?

These refusals have been reported in various provinces, including:

Alicante

Valencia

Málaga

Granada

Tarragona

The situation is not uniform. In some provinces (such as Madrid), WA beneficiaries are allegedly, still able to renew up to one month before expiry, often with no issue when applying via Mercurio (the online platform).

What’s Being Asked?

Concerned residents and legal advocates are calling on the Oficinas de Extranjería and the Ministerio de Inclusión, Seguridad Social y Migraciones to:

Clarify in writing whether any national-level policy change has been made.

Confirm whether extranjerías have received internal instructions contradicting published regulations.

Ensure that WA beneficiaries are not treated less favourably than third-country nationals or general residents when it comes to document renewal timing.

What You Can Do

If you’re affected, consider asking the following questions at your local office:

Who issued the order not to allow early renewal of the WA TIE?

Is there a written instruction to support this?

Can I request a copy of this instruction or policy?

Why is this office applying rules contrary to the instructions published in the resolution.

You may also wish to file a complaint (queja) or a solicitud de acceso a información pública under Spain’s transparency laws.

Final Note

The Withdrawal Agreement guarantees continued residency rights and documentation for UK nationals lawfully resident in Spain before the end of the Brexit transition period. Any change in how these documents are renewed must be transparent, published, and legally grounded.

Furthermore. There appears to be no lawful or logical reason to refuse early renewal of the WA TIE. The July 2020 Joint Instruction does not require expiry before renewal, and refusal seems to stem from a misinterpretation or misapplication of the law.

Moreover, in practical terms, renewing a month before expiry or on the expiry date makes no difference to appointment demand. Blocking early renewals only concentrates pressure on the system and creates unnecessary risk for applicants.

Suggest making the British embassy aware.

Extract from the letters for the foreigners office post.

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Why Some People Can Renew Early and Others Get Blocked

Even though renewing a TIE (temporary or permanent) is supposed to follow the same rule, that you can renew within the last 30 days before expiry, the confusion may happen because:

1.The police system (computer) depends on how the officer enters the request.

If the officer selects “prórroga” (renewal), the system checks the expiry date and blocks it if it’s too early.

2.But if they choose a different reason, like “cambio de tipo” (change to permanent), or “sustitución” (replacement due to damage or error),  the system lets it through, even if the card hasn’t expired.

3.So, it’s not the person’s status (temporary or permanent) that makes the difference,  it’s how the police are typing it into the system.

4.That’s why some people renew very early (because the officer treats it as a change or re-issue), while others are told to come back later.

Assessment:

Everyone is technically doing a renewal (“prórroga”),

but the system doesn’t work properly unless the officer inputs the case the right way.

So it’s not the law that’s different, it’s the computer entry and office practice that causes these inconsistencies”.

Are my residency rights protected

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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.