Feedback from the Virtual Meeting UK national stakeholder event with Minister Morton

In reference to the event held by the FCDO/British Embassy with various representatives of organisations who assist UKNS in Spain. Participants:

Readout – UK national stakeholder event with Minister Morton

Feedback from the British Embassy:

Driving licence exchange:
– The latest information is available on the Living in Spain guide and via our Brits in Spain page on facebook.
– As soon as there is any update to this information, we will let you know.

Registration and green certificate issues:
– The Embassy continues to engage with the Spanish authorities on the issues you raised on both the residence and appeals processes.
– Several of you raised that UK nationals continue to have issues in obtaining appointments. For first time applicants, the Spanish government recommends the application is submitted online, as this avoids the need to get an in-person appointment. I recognise that some UK nationals in this position may not have a digital certificate to do so, but know that several of you assist citizens in such a position, either directly or by providing them with guidance. A gestor or lawyer can also often assist and the UK National Support Fund organisations remain available to help UK nationals who need additional assistance with the process in general.
– For those with a green residence certificate, we strongly recommend they exchange for a TIE, as it is in their interest to do so. The TIE clearly states the holder is a beneficiary of the Withdrawal Agreement and will make various processes easier. The more UK nationals who hold a TIE, the fewer the instances we should see of UK nationals being wrongly denied access to services.
– In most provinces, appointments to exchange are only available at those offices where there is dedicated resource. In the province of Alicante, this means that appointments will only be offered in Alicante city. Where a UK national faces acute mobility barriers in travelling to the Alicante office, it is possible that other charities or organisations may be able to assist them, and is something we will consider in further detail.
– In every office I checked this morning (Alicante, Lanzarote, Mallorca, Almeria, Barcelona, etc), there were appointments available for the exchange of the green certificate to the TIE. I would be grateful for your support in encouraging the community to use them.
– I know several of you have taken up the issue of Cajamar not accepting the green residence certificate as proof of residence and understand the issue is being resolved. The Embassy are also in touch with Cajamar and we will meet with them to discuss this issue (timing TBC). We are also following up on the issues affecting unemployment benefit recipients in certain regions.

Passport stamping and 90/180 days:
– We continue to monitor the issue of passport stamping across the EU, so thank you for your comments on this. For those who are registered in Spain, please be assured that a passport stamp does not affect a person’s Withdrawal Agreement rights. The stamp is considered null and void when a person presents their residence document.
– With regards to 90/180 day visa-free stays, as the Minister highlighted in the meeting, during discussions with the EU on mobility, including for British citizens travelling to the Schengen Area, the EU maintained British citizens will be treated the same as other third country nationals. Likewise, the UK’s offer to EU citizens is the same as our offer to nationals from all other countries. The Spanish government is responsible for the visa options for those who wish to stay in Spain for longer than 90 in 180 days. This is not something that is within the UK government’s competence.

Issues related to Home Fee status in the UK, and recruitment of teachers in Spain
– Thank you for raising these issues. Colleagues and I are following up on the points raised by EuroCitzens on Home Fees policy implementation in the UK (including the outstanding response to British in Europe’s letter to Michelle Donelan) and I will be in touch once we have further information.
– The issue of recruitment of English teachers is something that is regularly raised with the Embassy. However, as you know, the Spanish government is responsible for its labour market and related visa options. Information about visas has been published on the website of the Spanish Embassy in the UK and can be found here.

Ability to hold and prove multiple immigration statuses
– We are aware that this remains an issue of concern to some UK nationals, particularly those who are also family members of an EU citizen. The European Commission has been clear that it is possible for a citizen to hold multiple immigration statuses. We will continue to encourage the Spanish authorities to provide guidance on how UK nationals can demonstrate rights under two or more statuses.

Returning to the UK with EU or non-EU family members from Spain
– I know one or two of you would like to discuss this in more detail (I’ll be in touch) but in general terms:
– Close family members of UK nationals who return from living in the EU by 29 March 2022 can apply to the EU Settlement Scheme as long as that relationship existed before exit day.
– This policy was announced in April 2019, providing almost three years’ notice of the change, and there are still 5 months to go for people to take advantage of the arrangements.
– Family members of some British citizens, who wish to move to the UK, may be eligible to apply for a family permit under the EU Settlement Scheme. A family permit makes it easier to travel with a family member to the UK. Family members of UK nationals returning to the UK who apply to the EU Settlement Scheme from outside of the UK before 29 March 2022 do not need to apply for the family permit.
– There will also be scope for the relevant family members of UK nationals returning from the EU to go to the UK and apply from there to the EUSS after 29 March 2022, where there are reasonable grounds for the person’s failure to meet that deadline, including where the person was prevented by the COVID-19 pandemic from returning to the UK earlier.
– However, in general, after 29 March 2022, family immigration to the UK from the EU will be subject to the same UK Immigration Rules as are already applied to other UK nationals and their foreign national family members returning from abroad elsewhere.

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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.