Brits living in Spain can apply for 'non-EU residence card' from Monday if they wish, but 'green certificate' holders are not obliged to

Provided for in Article 18.4 of Title II in the Brexit withdrawal agreement, Brits living in Spain do not have to apply for what is known as a Tarjeta de Identidad del Extranjero ('Foreigners' ID card', or TIE), but have a right to do so if they wish, since this photo-card document is a simple way of proving residence and showing who you are.

Article 18.4 establishes that each EU member State can opt to allow UK nationals and their families who reside permanently there before the end of the transition period on New Year's Eve to not have to request a 'new' residence document if they do not want to do so, meaning they will not have to go through the process involved.

If they do decide to a acquire a TIE, it will expressly state their condition as a beneficiary of the withdrawal agreement.

Temporary residence documents are valid for five years and permanent ones for 10, but this is in keeping with the requirement of Spanish nationals to renew their national ID cards (DNI) every few years, in the same way as most countries do with a passport.

Renewing a TIE is likely to be a simple process involving a form, photograph and a small fee.

Applications for a TIE after the end of the transition period on December 31 will be considered individually on their merits, and if the foreigners' office believes the reasons for missing the deadline are justified, it may decide to offer an extension.

The withdrawal agreement does not require Brits' physical presence in Spain before the transition period ends, in accordance with Article 11, and temporary absences from the country that do not affect residence rights, including extended absences, will not prevent Brits from obtaining a TIE.

Residence cards will have a minimum validity period of five years, and applications for permanent resident cards will be accepted provided they fulfil the requirements of Article 15 of the withdrawal agreement.

This includes having been legally resident in Spain for at least five years, even if any current residence document has not yet expired.

The five-year period will be deemed to have started when the initial, temporary certificate was issued – if indeed this has been issued.

Many British expats have been rushing to get their 'green certificates' – which do not carry a photograph or fingerprint and cannot be used to prove identity, and which are now in credit-card size rather than the original A4 version launched in 2008 – before the end of the transition period.

It is not clear whether this is essential in light of Brexit, but doing so should make the process of acquiring a TIE much simpler.

Anyone planning to live in Spain for the majority of the year should ensure they have a document proving their residence – either a 'green certificate' issued before now or a TIE – before the end of the transition period to avoid admin headaches and other problems.

The maximum time a non-resident Brit can stay in the EU after the transition period will be 90 days in any 180-day period, and a person of any nationality can only have residence in one country, meaning acquiring this in Spain will automatically imply renouncing one's residence in the UK.

There are no exceptions to the rule, meaning British nationals living mainly in the UK cannot stay in Spain – or the EU as a whole – for four or five months continuously, but will have to return to Britain until the next 180-day period; unless, of course, they acquire a working or student visa where these are appropriate.

This is a separate issue from tax residence which, in Spain, means living in the country for 183 days or more in a calendar year, not necessarily continuously, and is automatic in these circumstances, making the person non-tax resident in the UK.

Moving to Spain after the end of the transition period will still be possible for British nationals, but will be subject to third-country requirements and will not be an automatic right as it is whilst the UK is still – in all but name, at least – an EU member.

Luckily for those fearing their emigration plans or hoped-for retirement to sunny shores may have been scuppered by Brexit, the Spanish government is still keen to welcome Brits, and Spanish society as a whole is very open and accepting of all foreign nationals, having been a frequent destination for migrants for many centuries.