Published: 27-08-2026
International Mobility
Summary
More than six years after Brexit, UK nationals living in Spain face two related but distinct questions. The first is how to keep evidencing their status as Withdrawal Agreement beneficiaries through the Article 50 TEU Foreigner Identity Card (TIE art. 50 TUE), now essential for crossing the EU’s external borders without the constraints of the third-country regime. The second, increasingly common, is whether to pursue Spanish nationality and, above all, whether doing so means giving up British citizenship. The short answer is that, in practice, most British nationals who naturalise as Spanish keep their nationality of origin as well, even though the Civil Code formally requires renunciation. This guide walks through both processes: residence under the Withdrawal Agreement and the route to dual nationality.
I. Two Distinct Statuses: Residence and Nationality
It is worth distinguishing, from the outset, two separate legal conditions. The first is Withdrawal Agreement beneficiary status, which protects those already residing in Spain under EU law before 31 December 2020 and preserves, in essence, the same residence and work rights they held as EU citizens. It is documented through the Article 50 TEU Foreigner Identity Card (TIE art. 50 TUE), which does not grant the right but proves it.
The second is Spanish nationality, a separate legal bond that, as a general rule, may be applied for after ten years of legal and continuous residence. Being a Withdrawal Agreement beneficiary does not automatically confer nationality or shorten the period required to apply for it, but it is the route through which the qualifying years of legal residence accrue. The two processes, while independent, are therefore closely connected in practice for any UK national building a life in Spain.
II. Withdrawal Agreement Beneficiary Status: Six Years On, the Procedure Remains Open
The Withdrawal Agreement protects those who were already living in Spain under EU law before 31 December 2020 and have continued to reside here, covering, depending on the case, employees, self-employed persons, economically inactive persons with sufficient resources and sickness insurance, students with enrolment, insurance and resources, and qualifying family members.
With the EU’s new external border systems (the Entry/Exit System, EES, and ETIAS), the Article 50 TIE is the only document that allows the holder to cross as a beneficiary, without days of stay being counted or travel authorisation required. The old registration certificate (CRUE) or family member card no longer suffices for this purpose.
The procedure remains available despite the time elapsed:
- Those who keep their registration certificate (CRUE) may request the exchange for the Article 50 TIE at any time, without going through the Immigration Office.
- Those who were living in Spain before 31 December 2020 but never registered have not lost the right, but must show both their pre-2021 residence and the EU-law category under which they resided (employment, self-employment, resources and insurance, studies or family link). Every month of delay makes the evidence a little harder to assemble.
Anyone who arrived in Spain after the transition period and is still a beneficiary (for example, some family members of UK nationals) has three months to apply; after that it is still accepted, although it may carry a fine for the delay.
III. Two Routes Depending on the Starting Documentation
a) With a registration certificate (CRUE): a simple exchange
Those who keep their registration certificate (the well-known “green certificate”) do not need to go through the Immigration Office. They may go directly to a police station, where the certificate is replaced with the new Article 50 TIE, providing form EX23, a valid passport, proof of payment of the fee (Form 790, code 012) and one passport-style photograph.
Cost: 12 euros. Validity: 5 years if less than five years of residence are evidenced, and 10 years (permanent) if exceeded.
b) Without a registration certificate: two steps
- Application before the Immigration Office of the province of residence (form EX20), evidencing residence prior to 31 December 2020 and the applicable EU-law category.
- Issuance of the physical card at the police station (form EX23), once a favourable decision has been obtained.
The Immigration Office decides within three months; after a favourable notification, there is one month to apply for the card. This stage is not subject to a fee; only the card fee (12 euros) is paid.
IV. Evidencing Residence Prior to 2021
Evidence of life and continuity includes, among others, utility bills, telephone bills, proof of payments in Spain, contracts, the employment history report (vida laboral) or study certificates. Particularly strong evidence includes proof of payment of personal income tax (IRPF) and bank statements reflecting activity typical of a habitual resident. Alongside this, the applicable EU-law category must be evidenced: a hiring declaration or Social Security registration for employees, registration in the Economic Activities Census for the self-employed, sickness insurance and sufficient resources for economically inactive persons, enrolment and insurance for students, or proof of the family relationship for family members.
V. The Route to Spanish and British Dual Nationality
Once ten years of legal and continuous residence immediately prior to the application have been completed — the general rule under Article 22 of the Civil Code, with no special reduction for UK nationals, unlike Ibero-American countries, Andorra, the Philippines, Equatorial Guinea, Portugal or Sephardic applicants — a UK national may apply for Spanish nationality by residence. Time evidenced as a Withdrawal Agreement beneficiary, documented through the Article 50 TIE, counts in full towards this period, provided the residence was legal and continuous.
The additional requirements are, in summary: good civic conduct (no relevant or current criminal record), a sufficient degree of integration into Spanish society, evidenced through the DELE A2 Spanish-language exam and the CCSE exam on constitutional and sociocultural knowledge, and completion of a procedure that, according to Ministry of Justice figures, typically takes several months, with a maximum statutory decision period of one year, after which a positive administrative silence applies.
The point that raises the most questions among UK nationals is the renunciation of their nationality of origin. The Spanish Civil Code generally requires anyone naturalising as Spanish to renounce their previous nationality before the Civil Registry at the oath or pledge ceremony. The United Kingdom is not among the countries exempted from this formal requirement (unlike Ibero-American countries, Andorra, the Philippines, Equatorial Guinea and Portugal). However, that renunciation is declared solely before the Spanish authorities: its effect vis-à-vis the United Kingdom depends on UK law, and UK law does not provide for the automatic loss of British citizenship upon the voluntary acquisition of another nationality. As a result, in practice, a UK national who naturalises as Spanish keeps their British passport and citizenship as well, resulting in de facto dual nationality, even though no bilateral dual-nationality treaty exists between Spain and the United Kingdom.
This point is worth documenting and explaining carefully in each file, since the declaration of renunciation before the Spanish Civil Registry is a formal requirement of the Spanish procedure, independent of what subsequently happens to the applicant’s status before the UK authorities.
VI. Practical Recommendations
- Check your starting point on the residence side first: if you hold the registration certificate, exchange it for the Article 50 TIE without delay, since it will be your only valid document for EES/ETIAS purposes.
- If you did not register at the time, gather proof of your pre-2021 residence and the applicable EU-law category as soon as possible; the passage of time does not extinguish the right, but it does make it harder to prove.
- Keep careful track of your periods of residence and any absences from Spain, as both affect the Article 50 TIE and, later on, any nationality application.
- If you are considering Spanish nationality, weigh the formal renunciation requirement and its practical effect on your British citizenship before starting the file.
- Conserve toda la documentación acreditativa: superados cinco años de residencia legal se puede acceder a la residencia permanente, y esos mismos años, junto con los siguientes, son los que se computan para la nacionalidad.
If you would like to discuss your situation or need advice regarding your specific case, at Gentile Law we have a team specializing in immigration, international mobility, and citizenship that is ready to guide you through every step of the process.
This publication is for informational purposes only and should not be construed as legal advice.
Contact us:
Lucía Goy Mastromiechele
Founding Partner at Gentile Law
+34 626 118 451
Santiago Randazzo Clavijo
Global Mobility Legal Advisor at Gentile Law
santiagorandazzo@gentile.law
+34 684 463 082
Lais Verissimo Galvan
Global Mobility Paralegal at Gentile Law
laisverissimo@gentile.law
+34 684 463 736