Question
I want to upgrade my Withdrawal Agreement TIE from “temporary” to “permanent” after completing five years of residency. Despite following official guidance and making a Toma de Huella appointment in Rota, the police station said they couldn’t help and redirected me to the Cádiz Immigration Office without clear instructions. My dates are correct in their system, but it still shows “temporary.”
Should I go to the Cádiz office, and if so, which appointment type should I choose: Toma de Huella under Policía Nacional or a specific option under Extranjería? I’d appreciate any advice to get this resolved.
Answers
These are the answers of Spainguru’s Facebook group members:
“Firstly, why do you want a card that says ‘permanent?’ Your permanent residency (PR) status is already recorded in the system regardless of what your card says. If you really want it to say ‘permanent,’ you could ‘lose’ your card and request a replacement using form EX23. The new card will have the same expiration date but will say ‘permanent.'”
“If you don’t feel comfortable declaring your card as lost, remember that your permanent status is automatic after five years of legal residence. Applying for a new card won’t change your status in the system. However, I understand the peace of mind that having ‘permanent’ on the card brings.”
“Immigration law is national, but practices vary between offices. If you visit Cádiz, you will likely need the EX23 form. There is no specific ‘make me permanent’ procedure; it’s just a matter of having your status updated on the card.”
“Spanish authorities sometimes make this process difficult because they’re more accustomed to non-EU citizens who must wait until their cards expire. UK citizens under the Withdrawal Agreement have automatic PR after five years, but not all officials are familiar with this distinction.”
“If you’re worried about absences being assessed incorrectly in 2028, remember that permanent residency rights are automatic. However, timing your absences to avoid complications at renewal is wise.”
“Make sure you’re clear on the distinction between residency and tax residency. If you’re spending significant time in both the UK and Spain, you’ll need to be mindful of tax obligations and civil residency requirements. They are related but distinct concepts.”
“Consider working with a gestor to handle your application, as they can navigate these inconsistencies. However, many argue that the process is straightforward if you follow the EX23 procedure and have supporting documents.”
Conclusion
Changing a Withdrawal Agreement TIE from temporary to permanent can be frustrating due to inconsistent practices among Spanish immigration offices.
However, permanent residency is automatic after five years of legal residence under EU law, regardless of what the card says.
For those seeking a card marked “permanent,” the most reliable option is to declare the current card lost and apply for a replacement using form EX23. While some officials may resist or provide conflicting advice, your permanent status remains unaffected in the system.
For peace of mind, carefully plan absences and consult a gestor or immigration expert if necessary.
