UK CITIZENS WILL BE ABLE TO MODIFY OR APPLY FOR THEIR RESIDENCY PERMIT IN SPAIN FROM 6TH JULY 2020
The National Police Headquarters has just made public its Directive in collaboration with the General Migration Office determining the procedure for issuing the residency document, upon the Article 18.4 of the Agreement on the withdrawal of the UK from the European Atomic Energy Community . The application for this residence can be submitted starting from 6th July.
As of 2nd July 2020 we are still in the Brexit transition period, which will last until 31st December 2020. Until this date, UK nationals will maintain all their rights as EU citizens.
Starting from 31st December 2020, UK citizens will have the status of third countries nationals and will be subject to the General Immigration System.
There are two groups of situations of the British citizens in Spain:
- UK citizens and their family members who had a residency in Spain before December 31st 2020 and those who were to apply for it before the deadline.
- UK citizens and their family members who reached Spain after January 1st 2021 who had no previous residency
UK citizens and their family members who had a residency in Spain before December 31st 2020 and those who were to apply for it before the deadline.
The U.K. citizens and their family members in this group will have the right to achieve the residency document that will show their condition of beneficiaries of the Retirement Agreement (article 18.4 of the Agreement). This document can be applied for voluntarily during the transition period. In order to avoid duplicates of the residency permit (future or already applied for) during the transition period the U.K citizens will be given that special residency permit.
REQUIREMENTS AND APPLICATION METHOD FOR THE RESIDENCY PERMIT OF THE ARTICLE 18.4 OF THE WITHDRAWAL AGREEMENT
1.Holders of the permanent or temporary EU certificate residency permit.
UK citizens in this group will have to submit for an application done in person at the authorized police stations. In the moment of receiving the residency document the applicant shall show a valid passport.
a) holders of a temporary EU residency permit who did not have a residency in Spain for 5 years will be granted the new residency permit for 5 years with the specification it is temporary. After the expiration date the residency permit will be subject to renewal.
b) holders of a temporary EU residency permit who had a residency in Spain for 5 years (without having obtained a permanent EU registration certificate prior to the application of this residence document) will be granted the new residency document valid for 10 years with a permanent character. After the expiration date the residency permit will be subject to renewal.
c) holders of a permanent EU registration certificate
will be granted the new residency document valid for 10 years with a permanent character. After the expiration date the residency permit will be subject to renewal.
2. Non – holders of the permanent or temporary EU certificate residency permit who will apply for the residency in Spain during the transition period (before 31 st December 2020)
The procedure has 2 steps or 2 applications:
I.- They may submit the application of the residency document in person or through a legal representative to Immigration’s Office of the province where they live or intend to live or they can submit it electronically.
For these purposes, the most important thing will be to provide documents through any legal means to prove the beginning of the residency in Spain.
II.- Once it is granted, the applicants shall proceed to fingerprinting take and obtain the T.I.E at the police stations.
This residency document will be valid for 5 years for those whose residency is inferior to 5 years and will have a temporary status and 10 years with a permanent status for those who hold a permanent permit. When it expires, it must be automatically renewed. After expiration both types shall be submitted to renovation.
SECOND GROUP: AFTER THE TRANSITION PERIOD
From 1st January, all those citizens of the United Kingdom who wish to live in Spain may not be beneficiaries of the Withdrawal Agreement, must apply for a residency permit within three months of their arrival to Spain or from the date of birth. They will be considered third-country and be subject to the General Migration System.