Since the entry into force of Brexit, UK nationals residing in Spain have been governed by the Withdrawal Agreement, a legal framework that grants specific rights to British citizens who were living in the European Union before 31 December 2020. Within this context, Instruction 4/2025, issued by the General Commissariat for Immigration and Borders, introduces an important update for British citizens who need to travel outside Spain during the Christmas period and whose residence document is currently undergoing renewal.
This instruction, applicable between 24 November 2025 and 11 January 2026, aims to ensure that British residents in Spain can travel with full legal certainty, even in cases where their card is expired or its renewal appears as being processed automatically.
You can access the full text of Instruction 4/2025 published by the Spanish National Police below (in Spanish):
⏺️ Who does this instruction apply to?
The measure applies to UK nationals holding the temporary residence document issued under Article 18.4 of the Withdrawal Agreement. This document identifies British citizens who retained their right to reside in Spain following the United Kingdom’s departure from the EU.
Family members who depend on a British citizen are also covered when their residence in Spain is directly linked to the Withdrawal Agreement.
⏺️ Automatic renewal of the document: what does it mean?
One of the particular features of the British post-Brexit regime is that the renewal of this residence document is carried out automatically in the Central Register of Foreign Nationals (Registro Central de Extranjeros). While this automatic renewal is beneficial for maintaining continuity of residence, it can create limitations when issuing return authorizations, since:
• The physical residence card may have expired.
• The system may show the procedure as “in process”, preventing a new TIE from being issued in time.
During peak travel periods —such as Christmas— this situation may complicate re-entry into Spain if not addressed in advance.
⏺️ What changes with Instruction 4/2025?
To prevent issues at the border and facilitate mobility for British residents, Instruction 4/2025 establishes that:
• Return authorization applications may be processed both at Provincial or Local Immigration Offices and at certain Police Immigration Units and border posts.
• The Administration must take into account the automatic renewal mechanism established under the Withdrawal Agreement.
• Coordination mechanisms are implemented to ensure that British residents in Spain do not see their right to travel affected.
In practice, this means that UK nationals may apply for a return authorisation even when their automatic renewal has not yet resulted in a new physical residence card.
💡 At ARC Legal we have created a complete guide on return authorizations, explaining all scenarios and required documents.
You can access it here: Return Authorization Guide 2025
And in this article, we explain the implications of Instruction 4/2025 in detail: Article
⏺️ When do British citizens need a return authorization?
British residents must apply for a return authorization when:
• Their card is expired and they have already submitted the renewal application.
• Their card is being duplicated due to loss, theft, or deterioration.
• Their permit has been approved but they have not yet received the new TIE.
In addition, if travelling by air, a return authorization is essential: airlines may refuse boarding without a valid residence card or an issued return authorization.
For land or sea travel, there is a general exception for foreign nationals between 24/11/2025 and 11/01/2026, but this must be assessed individually.
⏺️ ARC Legal Abogados can help you
If you are a British citizen residing in Spain and you need to travel during Christmas—or at any other time of year—ARC Legal Abogados can:
• Review your current administrative situation.
• Prepare your return authorization application.
• Verify your travel documentation.
• Advise you on travel routes and potential risks.
Having a correctly issued return authorization is the best way to avoid complications when re-entering Spain.
Related articles
- Return Authorization Christmas 2025–2026: Practical guide
- British Citizens in Spain: Five years of the withdrawal agreement and the TIE
- Are You a British Citizen Residing in Spain? You need your TIE before the new EU border system comes into force
¿Prefieres leer este artículo en español 🇪🇸? Aquí te dejamos el enlace: Viajar como británico con la TIE en renovación: implicaciones de la Instrucción 4/2025
The content of this article is for informational purposes only and does not constitute legal advice. Immigration regulations are subject to continuous interpretative and administrative changes. At ARC Legal, we make every effort to ensure that the information is updated and verified with official sources, but we always recommend consulting a qualified professional before initiating any procedure or making legal decisions. If you require personalised legal advice, you may contact our firm.