For many British nationals living in Spain, summer travel can become unexpectedly stressful when a residence card is due for renewal.
A delayed renewal application, an expired TIE card, or a planned holiday outside Spain can create uncertainty about whether re-entry will be permitted. Recognising these practical difficulties, the Spanish authorities have issued Instruction 1/2026 of the General Commissariat for Immigration and Borders, introducing exceptional measures for the summer of 2026 and clarifying the position of British citizens protected by the Withdrawal Agreement.
Why is this important?
Under Spanish immigration rules, foreign nationals whose residence permits are being renewed often need an Autorización de Regreso (Return Authorisation) if they wish to leave Spain and return before receiving their new residence card.
In practice, summer is one of the busiest periods for immigration offices, and obtaining appointments or documentation can sometimes be challenging.
To alleviate these difficulties, the Spanish authorities have adopted temporary measures that will apply throughout the summer of 2026.
Temporary Summer Measures
Between 8 June 2026 and 30 September 2026, foreign residents whose residence permits have expired but whose renewal applications have been submitted may, in certain circumstances, be allowed to re-enter Spain through Spanish land or maritime border posts by presenting:
- A valid passport or travel document;
- Their expired residence authorisation; and
- Proof that the renewal application has been filed.
This exceptional measure aims to facilitate travel during the summer period and reduce administrative burdens on immigration offices. However, it is important to understand its limitations.
Air Travel Remains Different
The instruction expressly states that travellers returning to Spain by air should continue to obtain a Return Authorisation whenever required.
Airlines routinely verify immigration documentation before boarding. Without a valid residence card or an official Return Authorisation, passengers may be denied boarding at their departure airport, even if Spanish border authorities would ultimately allow entry.
For this reason, British residents planning to fly back to Spain should not assume that the temporary summer measures eliminate the need for a Return Authorisation.
A Special Clarification for British Citizens
Perhaps the most significant aspect of Instruction 1/2026 is the specific reference to British citizens and their family members who are beneficiaries of the Withdrawal Agreement.
Following Brexit, British nationals legally resident in Spain before 31 December 2020 fall under the protection of the Withdrawal Agreement and hold residence documentation issued pursuant to Article 18.4 of that Agreement.
The instruction recognises that, unlike ordinary immigration permits, these residence rights derive directly from the Withdrawal Agreement and continue to exist even where the physical residence card has expired and renewal formalities are pending.
As a result, Spanish authorities have confirmed that applications for Return Authorisations submitted by British beneficiaries of the Withdrawal Agreement and their family members should be processed, provided that the application is made within:
- The 60 days prior to the expiry of the TIE; or
- The 90 days following its expiry.
This clarification is particularly welcome because it removes doubts that had arisen in some immigration offices regarding the availability of Return Authorisations for Withdrawal Agreement beneficiaries.
Practical Advice for British Residents
If you are a British citizen resident in Spain and your TIE is close to expiry, we recommend:
- Submitting your renewal application as early as possible.
- Retaining proof of submission and all supporting documentation.
- Obtaining a Return Authorisation before travelling if you intend to return to Spain by air.
- Checking your travel itinerary carefully, particularly if you will be entering the Schengen Area through another Member State before arriving in Spain.
The instruction also reminds travellers that a Return Authorisation is intended for entry through Spanish border control posts and may not necessarily be recognised by authorities in other Schengen countries. Instruction 1/2026 provides welcome flexibility during the busy summer travel season and offers valuable reassurance for British citizens protected by the Withdrawal Agreement.
Nevertheless, the safest approach remains careful planning. An expired residence card, even when accompanied by a pending renewal application, can still create travel complications if the correct documentation is not obtained in advance.
British residents should therefore continue to seek professional advice before travelling whenever their immigration status is undergoing renewal, particularly if international flights are involved.”
