On January 31, 2020, the United Kingdom exited the European Union, creating legal uncertainty for UK and Northern Irish citizens living in Spain. This article outlines the necessary steps for these citizens to secure a new residence document starting July 2020, based on the Joint Instruction from the Directorate General of Migration and the Directorate General of Police regarding Article 18.4 of the Withdrawal Agreement.
Transition Period
The Brexit transition period lasts from February 1 to December 31, 2020. During this time, UK citizens continue to enjoy free movement rights in Spain. Those who established residency or employment before this date and continue to do so will retain the same rights as before Brexit.
During the transition period, UK citizens and their families do not need to apply for a new residency status if they already have one. Instead, they only need to obtain a new residence document.
Application Procedure for Residence Document
UK citizens can start applying for their residence documents on July 6, 2020. If residency begins after the transition period (after December 31, 2020), applicants have three months from their arrival in Spain to submit their request. Late applications may be accepted based on individual circumstances.
Residence documents can be valid for 5 to 10 years, with temporary permits lasting 5 years and permanent ones lasting 10 years. The application must indicate “Article 50 TUE” as the type of permit and note that it is issued according to Article 18.4 of the Withdrawal Agreement.
Steps to Follow
- If you already hold a registration certificate: Visit the National Police to obtain your new residence document after paying the applicable fee.
- If you do not have a registration certificate: Submit your application at the local Foreigners’ Office after paying the required fee.
- Requests for EU citizen registration certificates: These will be processed as applications for residence documents.
Maintaining Residency
Residency continuity remains unaffected by temporary absences of up to 6 months per year, military obligations, or significant reasons like pregnancy, severe illness, studies, or work abroad. However, absences exceeding 2 consecutive years will result in losing permanent residency rights.
Periods of prior residency in Spain will be considered when applying for permanent residency. It is assumed that legal residency commenced on the issuance date of the temporary registration certificate.
Renewal of Residence Document
Renewals must be submitted one month before expiration but can also be done within three months after. For temporary residence documents, a new document valid for 10 years will be issued, automatically renewable every 10 years.
Failure to apply for renewal within the specified timeframes will not result in losing permanent residency rights.
What Should You Do?
- If you are a UK national with a temporary registration certificate and have not completed 5 years of legal residency in Spain, personally apply for the residence document at the National Police station.
- If you have completed 5 years of legal residency, you can apply for permanent residency, which will be valid for 10 years. This applies to both temporary and permanent registration certificates.
- If you do not have a registration certificate, you may apply for the residence document in your local Foreigners’ Office.
Rights of Family Members
Family members of UK and Northern Irish citizens may also apply for a residence document. If the family member holds a EU citizen family card (temporary or permanent), they must process their new residence card with the National Police, considering prior residency periods for the issuance of a temporary or permanent card.
If the family member does not hold such a card—either due to not applying before July 6, 2020, or arriving in Spain afterward—they must apply for their residence document at the local Foreigners’ Office.
Conclusion
Securing residence documentation in Spain after Brexit is crucial for UK and Northern Irish citizens. Adhering to the correct procedures and being mindful of deadlines ensures the maintenance of legal status and access to all available rights and benefits. For further details and guidance, please visit the National Police of Spain’s website.
So, the first step is to understand your situation, and explote options. You can contact us or make an appointment to discuss this with us.
