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Article 10 Article 20 Residency Cards Issued to Spouses of EU Citizens?

The Article 10 and Article 20 residency card is a card issued under EU law to the non-EU spouses of EU citizens who are exercising their right of freedom of movement in a EEA/EU state that is not the State of their nationality.

The cards  (TIE, foreigners resident card) should state that the card is a residence card of a family member of the Union. This differentiates the cards from those issued to non-EU citizens who are issued with a TIE under Spanish Foreigners law.

To avoid the restriction of movement of the EU citizen, the card gives the non-EU spouse entry to another Member State, travelling with or meeting their partner, the right to travel without the need of obtaining an EEA family permit.

Once the UK exits the EU, the UK national and non-EU family members must update their residency status and as non-EU, apply for the TIE. As the new residency cards will be issued under Spanish Foreigners law, will result in the family members losing their cards issued under article 10 or 20 and the rights associated.

The Spanish no-deal contingency plans make it clear that non-EU family members of UK Nationals also need to update their cards but does not mention another scenario, UK Nationals who are spouses of EU citizens. We wish to advise all these citizens that if their circumstances (not included in the royal decree) are not legally formalised in that or other law, that they should be aware that when making an application for a TIE, that the residence card should be issued under Article 10.  This would result in that UK  nationals entitlement to “freedom of movements rights” are reserved.

UK Nationals Spouses of Irish Citizens

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.

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