Spanish authorities have just published a step-by-step guide to Brexit and the most frequently asked questions by UK citizens in Spain.
What is the Brexit and what is going on now?
Brexit is is the name that was given to the United Kingdom of Great Britain and Northern Irland’s (UK) decision to leave the European Union and the European Atomic Energy Community (EU).
The departure of the United Kingdom from the EU was effective on 31st January, 2020 and the terms of the this departure are agreed in the Withdrawal Agreement negotiated by the EU and the UK. The Withdrawal Agreement entered into force on 1st February 2020 and establishes several provisions in order to the effective exit from the UK occurs in an orderly manner.
The Agreement states that the transitional period will end on 31st December 2020. The Title II of the Withdrawal Agreement setteles the rights on residence permit matters.
What shall I have to do to be recognised as beneficiary of the Withdrawal Agreement?
The Withdrawal Agreement offers two options: (1) establish a constitutive procedure, through which the citizen must apply for a new status of resident in the host State (article 18.1); (2) not to apply to such procedure and issue a residence document that states they are beneficiaries of the Agreement if the citizens request it (18.4).
Spain has chosen the second option and therefore it is not mandatory to apply for a new residence document.
You should bear in mind that the registration certificates and family cards of EU citizens obtained before the end of the transitional period will be valid to prove your legal residence in Spain afterwards and benefit from the provisions of the Withdrawal Agreement.
However, from 6th July 2020, you can request the issuance of a residency document that specifically mentions your status as a beneficiary of the Withdrawal Agreement.
For those who arrive in Spain after 6th July and to avoid double applications (both the Union citizen registration certificate and the residence document), a procedure for issuing residence documents has been designed pursuant the Withdrawal Agreement during the transitional period. Once this procedure is in force (from 6th July), applications for registration certificates or residence cards of a relative of a citizen of the European Union submitted by the beneficiaries of the Agreement will be processed as requests for the residence document under the Article 18.4 of the Agreement.
Who is protected by the Withdrawal Agreement?
The Withdrawal Agreement protects UK nationals residing in Spain at the end of the transitional period, as well as their third-country nationals relatives, who are family members before the end of the transitional period (future children are also included).
I have a registration certificate. Can I continue living n Spain?
YES, you can continue residing in Spain. Additionally, both you and your family members will be able to request, from 6th July 2020, the issuance of a residency document that specifically mentions your status as a beneficiary of the Withdrawal Agreement, which will facilitate both administrative procedures and crossing the external border.
What will be my situation after the transitional period?
The Withdrawal Agreement establishes a transitional period until 31st December 2020.
During this transitional period, nationals of the United Kingdom and their family members of third countries residing in Spain will maintain their rights derived from the application of the Union Law (except for the right to passive and active suffrage in elections to the European Parliament and the exercise of Citizenship Legislative initiative of the EU).
Once the transitional period has ended, the Withdrawal Agreement disposes that their rights of residence, work, studies and Social Security will be maintained.
You should bear in mind that the registration certificates and family cards of EU citizens obtained before the end of the transitional period, will be valid to prove your legal residence in Spain afterwards and benefit from the provisions of the Withdrawal Agreement. However, from 6th July 2020, you may request the issuance of a residence document that explicitly mentions your status as a beneficiary of the Withdrawal Agreement.
Having a valid registration certificate is a guarantee of your rights as a resident in Spain.
You can check this document of the European Commission that contains questions and answers about who benefits from the Withdrawal Agreement and what are their rights.
What are the advantages of being recognized as a beneficiary of the Withdrawal Agreement?
Brexit and the Withdrawal Agreement requires to know exactly who are the nationals of the United Kingdom residing in Spain before the end of the transitional period, on 31st December 2020 and who are those who arrive in our country after that date.
And this is because the first group, those who reside in Spain before 31st December 2020, will have the rights in terms of residence, free movement and Social Security recognized by the Withdrawal Agreement. While those who arrive after that date will have different rights, either those recognized by the future relationship between the European Union and the United Kingdom, or, those recognized by Spanish law.
What is my situation if I have arrived in Spain after the withdrawal (31st December 2020) and in the middle of the transitional period (from 1st february 2020 until 31st December 2020)? What shall I need to do?
The Withdrawal Agreement establishes a transitional period until 31st December 2020.
From 6th July 2020, the procedure for obtaining the residence document under the Article 18.4 of the Agreement will be enabled. Therefore, if you arrive after that date, you must directly request the residence document at the Immigration Office of the province in which you reside. It will be verified that it meets the same requirements that are required to obtain the European Union citizen registration certificate. Once the residence document has been obtained, it will be issued (with
Foreigner Identity Card (TIE) format). Your status as beneficiary of the Withdrawal Agreement will be explicitly mentioned in this card.
If you have already obtained Spanish nationality, you will not need to carry out any procedure.
Should nationals from the UK residing in Spain obtain a work permit to continue performing their professional activity in Spain?
No. The Withdrawal Agreement protects the rights of EU citizens and UK nationals, as well as their respective family members, to continue to live, work or study as they currently do and under the same essential conditions as in accordance to the EU law. Union. Consequently, you can continue working as before without any additional permit.
Do family members of a UK national have a special status – if they are nationals from third countries – who are residents in Spain?
Family members will maintain their family status throughout and after the transition period.
I have tried to get an appointment to obtain the residency document, but there are no appointments available on the internet. What I can do?
Due to the different phases associated in the Plan for the Transition towards a New Normality after the COVID crisis19, the number of appointments available will be progressively extended.
Remember that if you did not have a previous registration certificate or family card for a citizen of the Union, the procedure can be requested electronically here.
What will be my situation if I arrive in Spain after 1st January 2021? What foreign legislation applies to me?
Unless covered by the subjective scope of the Withdrawal Agreement (see 1.4), UK nationals who enter Spain after 1st January 2021 will be considered as third-country nationals. For this reason, the general immigration regime will be applied to them, unless a future mobility scheme is negotiated within the framework of the Future Relationship Agreement that is being negotiated between the UK and the EU.
If I am a beneficiary of the Withdrawal Agreement, I am in possession of a residence document issued on the basis of the said Agreement and I want to move to reside in another EU country, can I do so?
The Withdrawal Agreement recognizes the right to reside in the host country. Future mobility will be subject to negotiations for the future Agreement with the United Kingdom. In case of not reaching an agreement:
For short stays: the rules for short stays within the Schengen area apply.
For stays longer than 3 months, the national legislation of each EEMM will apply.
If I have doubts, where can I get more information?
Here→ http: //www.mitramiss.gob.es/es/brexit/index.htm
Here→ https://ec.europa.eu/commission/sites/betapolitical/files/2018-11-26_qa_citizens_rights_es_1.pdf
Here→ Guidance note on the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community
I HAVE A REGISTRATION CERTIFICATE
How do I get the residence document?
To obtain the residence document, you must request an appointment and submit your application in person to the established police agencies. The certificate will be replaced by the new residence document that will be delivered to you within the term indicated by the office.
To request your prior appointment:
– Select the province → procedures of the Spanish National Police Corps (if possible)
– Click on Policia Exp tarjeta asociada al Acuerdo de retirada ciudadanos británicos y sus familiares.
Do I need to request it before 31st December 2020?
The procedure will be in available from 6th July 2020, the date on which you can obtain an appointment to request the issuance of this document.
You can made at any time the Request to replace the registration certificate you already have, even when the transitional period ends.
I DO NOT HAVE A REGISTRATION CERTIFICATE
Can I continue living in Spain?
Yes, but in order to facilitate administrative procedures and border crossings and your recognition as a beneficiary of the Withdrawal Agreement, you should be in possession of the residence document. Remember that that, from 6th July registration certificates will no longer be issued to nationals of the United Kingdom and applications for these certificates will be understood and processed as applications for residence documents in order to avoid double applications (both for the registration certificate and the residence document).
If I arrive in Spain after the 6th July and before the end of the transitional period, can I apply for the EU registration certificate? Should I apply directly to the new residence document?
There is a system that has been developed to become applications for these registration certificates for beneficiaries of the Withdrawal Agreement into applications for residence documents in order to avoid double applications.
How do I get the residence document?
To obtain the residence document, you or your representative can access the new procedure established for this purpose by personally submitting the application to the immigration office of the province in which you reside or it is also posible to submit it electronically. Among other requirements, you must prove that you were living in Spain before the end of the transitional period (for example, through your registration certificate, lease agreements, property ownership, employment contract, registration at a school) .). This element will be more important if your request is submitted after the transitional period.
Remember that, to make the electronic application you must have an electronic signature system.
The procedures are as follows:
First step: You shall apply for the residence document at the Immigration Office of the province (Oficina de Extranjería) where you reside or will establish your residence. You can request it in person at the office (personally or through a representative) but you must obtain a prior appointment. Go here→ choose provincia → trámites oficinas de extranjería (if it is posible to choose) → Trámite para la documentación de nacionales de Reino Unido (Brexit) And you may also request it electronically. → click “continuar” → choose provincia and how you are requesting (for example: acceso individual) → click “continuar nueva solicitud” → choose “EX20 – Documento de residencia Artículo 50 TUE para nacionales del Reino Unido (emitido de conformidad con el artículo 18.4 del Acuerdo de retirada).
Second step: once granted, you must request its dispatch to the appropriate police unit. This procedure is face-to-face and personal.
To request your prior appointment: https://sede.administracionespublicas.gob.es/icpplus/index.html
→ choose provincia → trámites cuerpo nacional de policía (if it is posible to choose)
→ choose Policia Exp tarjeta asociada al Acuerdo de retirada ciudadanos británicos y sus familiares.
Should I request it within a maximum period of time?
You have to submit the application within three months from your arrival in Spain.
How long will it take to obtain the residence document?
The term to resolve your application is three months. After that, you must request the issuance of the document within a month from the notification.
Can I apply for the residence document at any Immigration Office?
The application for the residence document must be submitted before the Immigration office of the province where you reside or where you are going to establish your residence. Remember that you can submit the request electronically. You need an electronich signature to submit it this way.
Can another person submit the application for the residence document on my behalf ?
A duly appointed representative can submit the application on your behalf before the Immigration Office.
On the other hand, the request for the issuance of the residence document (the physical card) before the police agencies must be requested personally by the applicant. The applicants must go themselves with a valid passport to collect the residence document card.
DOCUMENTATION AND PROCEDURE
Do the required documents need to be original or can I submit certified copies?
The documents must be original. If you apply electronically for the residence document (a process that has been enabled for those who have not obtained a prior registration certificate), you will submit copies of it. Remember that to submit the electronic application you must have an electronic signature system.
Is it necessary to prove my income?
You will be required to show sufficient income if you do not have a prior registration certificate and you do not perform a professional activity in Spain.
Is it necessary to submit a criminal records certificate?
You do not have to submit it along with the application. However, the competent authority may check your criminal records, and where appropiate deny the documentation because of this.
If I arrive in Spain after the 6th July, do I need yo apply for the document within the three months from the arrival, what will happen if I submit the application after the legal time limit?
An additional sufficient period will be enabled only if the applicant can prove seriour reasons (for example, a serious illness). These situations will be assessed by the Immigration Office.
While I am in the process to obtain the residence document, can I continue workiing or studying in Spain?
Yes
How much does it cost the new residence document for UK citizens?
Applicants must pay a 12-euro fee for the issuance of the card.
During the process, will I be able to access to the processing status?
Yes, and if it is necessary to provide any additional documentation, it will be the administration itself that will contact you electronically or at your postal address. If you have provided an e-mail for notification purposes, please be aware of it
What happens if an application is rejected?
What will be the deadlines for filing an appeal? If your application is rejected, you may file a complaint through administrative channels. The decision itself will tell you the formalities relating to the appeal, deadlines, and to whom you must submit it. After this analysis in administrative proceedings, you will be able to go to court.
Have I been residing in Spain for more than 5 years, will I be able to maintain or have access to permanent residence?
Yes, you will. However, obtaining a permanent residence document will require a procedure before the police unit (if you already have a temporary or permanent registration certificate) or taking two steps (if there is no registration certificate) at the Immigration Office and the police unit. Remember that procedures with Immigration offices (Oficinas de Extranjería) can be done electronically. Periods of residence prior to
The whole guide is available in this link: https://blogextranjeriaprogestion.org/wp-content/uploads/2020/07/GUIA_BREXIT_ENG.pdf