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Why WA-UK Nationals Renewing the TIE  should use EX 23 not a EX17 

Posted in: Information Topic, Residency,
Author: Myra Cecilia Azzopardi
Tags: , ,

Clarifying confusion about the correct EX form under the Withdrawal Agreement

UK nationals living in Spain under the EU–UK Withdrawal Agreement (WA) are issued a TIE (Tarjeta de Identidad de Extranjero) that reflects their special legal status under Article 18.4 of the WA. This applies both to those with temporary and permanent rights.

Many UK nationals are now approaching their TIE renewal period  are encountering a  problem: Some police stations or immigration offices are incorrectly insisting that they use Form EX‑17, which is not correct for WA beneficiaries.

The correct form EX23

The official procedure is laid out in Spain’s Resolution of  2020, which publishes the joint instruction by the Dirección General de Migraciones and the Dirección General de la Policía. This instruction governs how TIEs must be issued and renewed for UK nationals.

Under renewals it states clearly:  “La solicitud deberá presentarse en el modelo oficial establecido al efecto. (“The application must be submitted using the official form established for this purpose”).


Earlier in the same annex, the only form “establecido al efecto” is:  EX‑23 – Solicitud de tarjeta (art. 18.4 Acuerdo de Retirada)

So, although the form name is not repeated in section “sexto,” it is legally understood that renewals must use EX‑23, the same form used for initial applications under the Withdrawal Agreement for those who held a registration document.

Why the EX17 is not appropriate.

EX‑17 is the standard application for foreigners under Spain’s domestic immigration laws,  often used for non-EU nationals renewing residence permits or long-term stays.

However, UK nationals under the Withdrawal Agreement are not treated as regular third-country nationals. Their rights are governed by international treaty, not national law.

Using EX‑17 risks:
 Misclassification under the wrong legal framework
 Invalidation of Withdrawal Agreement protections
Delays, incorrect fees, or rejection.

I would like to add that I have spent many hours researching this topic and I can see how some staff at the foreigners offices make the mistake and insist on the EX 17.

If you’re a UK national renewing your TIE under the Withdrawal Agreement:

Use EX‑23,  You could also take the EX‑17 as a safeguard not to lose your appointment.

Which ever application form you use all applicants must check before they leave the office that they’re going to receive the correct card under article 50 or article 18.4, and that if you have reached permanent resident status, that you are receiving a 10 year card and not a five-year card.

EX-23. Screenshot from instructions on the governments Cita Previa site.

 

Screenshots from the Spanish government’s Brexit Guide.

TIE Application and Updating FAQs For UK Nationals and Their Families.

 

 

 

Why are some offices asking for the EX17?

Though the relevant forms are available for the TIE application and renewals, the system in the computers when sending out appointment confirmation has not been adapted to suit these forms, this is where the problem stems. An officer may just look at the confirmation email and accept what’s written there.

Below, I have posted various screenshots of appointments confirmation notifications from different provincial offices received by email, mostly for the renewal of the TIE and one for the renewal of a WA family member TIE as stated before these forms should be the EX23 and for a family member, the EX19. Please note a red tick for the correct notification and red x for the incorrect notification.

TIE renewal confirmation.

 

 

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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