Legal tip 1503. Missed the Brexit TIE Deadline? Spain’s New Immigration Rules Give Brits a Second Chance
A major update to Spain’s immigration law is coming into effect on 20 May 2025, with the publication of Royal Decree 1155/2024. Among other changes, the new regulation introduces a second-chance residency route (arraigo de segunda oportunidad), which may be particularly relevant for UK nationals who missed the chance to formalise their legal status in Spain after Brexit.
What Is “Second-Chance Residency”?
This new legal option is aimed at people who previously lived in Spain legally but lost their residency due to expiration, missed renewals, or not applying for the TIE under the Withdrawal Agreement in time.
The regulation allows those individuals to reapply for residence from within Spain — without needing to return to the UK or go through a standard visa process.
It is one of the most significant developments for non-EU nationals with long-term ties to Spain, especially former EU citizens like the British who found themselves outside the system post-Brexit.
Who Might Be Eligible?
According to the regulation, a person may qualify if they:
-
Previously held a valid Spanish residence permit (e.g. as an EU citizen before Brexit),
-
Are currently in Spain, even if undocumented,
-
Can show recent continuous residence (such as the past 6 months),
-
Are willing to reintegrate into Spanish society — through training, family ties, or community links.
This new pathway is distinct from others because it does not require proof of employment. That means it may be a realistic option for retirees, remote workers, or others without a Spanish job contract.
What Kind of Evidence Is Needed?
While specific requirements will vary, applicants are expected to provide documentation such as:
-
Old NIE or expired residence card,
-
Padron registration (empadronamiento),
-
Utility bills, tenancy agreements, medical appointments,
-
Anything that shows a long-term and ongoing presence in Spain.
Why It Matters for Brits in Spain
Many British residents who had lived in Spain for years did not apply for the TIE in time after the UK’s withdrawal from the EU. Whether due to confusion, missed deadlines, or uncertainty about the process, some are now in a legal grey area.
The new “second-chance residency” is designed to offer a legal route back into the system for those individuals — recognising their history in Spain and providing a way to regularise their situation without having to leave.
When Does It Take Effect?
The new regulation takes effect on 20 May 2025. Applications under the second-chance route can be made after that date, through Spain’s normal immigration channels.
It’s advisable to follow official updates via:
https://www.boe.es/buscar/act.php?id=BOE-A-2024-24099
Note: This article is for informational purposes only and does not constitute legal advice. For personalised guidance, readers should consult with a legal expert or immigration advisor familiar with Spanish immigration law.