Advocacy for UK Nationals’ Residency Rights in Spain

1. We are actively working on a possible legal challenge, to resolve a conflict between the residency rights of UK nationals under the Withdrawal Agreement (WA) and certain Spanish administrative practices. (To be able to proceed we need the input and support of affected parties).

The WA guarantees permanent residency for UK nationals, even during extended absences (five consecutive years) from Spain. However, Spanish regulations require residents to regularly update their address via the padrón (municipal register). This creates a legal paradox, particularly as the WA does not require individuals to maintain a permanent address in Spain during their absence, nor to be registered on the padron. The requirement to retain residency status is that you are not absent for more than five consecutive years. In fact, requiring  requirements to register at an address during absences, could conflict with fiscal regulations, as individuals may choose not to be fiscal residents during their time away.

This issue disproportionately affects those who rent properties, have sold their homes, or spend extended periods outside Spain. The padrón requirement not only complicates updating an address but also presents challenges for renewing residency permits or returning to Spain after an absence without a registered address.

We aim to address these contradictions to ensure the residency rights of UK nationals are respected and upheld. If you have been affected by this issue, we encourage you to share your experiences with us. Together, we can work towards fair treatment for all.

Please note: The information provided is based upon our understanding of current legislation. It is not legal advice but is provided freely to enable you to be properly informed. We recommend that if you are considering taking action, you should seek professional advice.