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Update October 11. You will remember that besides providing letters to our members for their banks, we contacted the Spanish ombudsman and the British Embassy who promised to seriously look into this matter. We also raised the matter again at the FCDO/British Embassy meeting. The response received today from the British Embassy.
“ Just a quick update on one of the issues that was raised with Minister Morton during her visit at the end of September. Several of you have made us aware of Cajamar bank sending communication, or informing customers in the branch, that their bank accounts would be frozen if they did not provide a TIE by 31 October. You reported that the green EU residence certificate was not being accepted as proof of residence at various branches.
I know several of you were in touch with Cajamar directly. The Embassy has also been in touch with them and I can confirm:
They continue to accept the green EU residence certificate as valid proof of residence – therefore a person who has a green residence certificate, but who has not managed to get their TIE by 31 October, should not see access to their account affected.
They will be sending a reminder to all employees of the documentation that can accredit the residence of UK nationals in Spain.
If any of your members are still concerned, they should get in touch with the bank directly. If needed, they may wish to draw on this note from the Spanish government.
Whilst I hope this is welcome news for those affected (particularly with a possible 31 October deadline), we continue to strongly recommend that UK nationals who still have a green EU residence certificate exchange this for the Withdrawal Agreement (WA) TIE. As examples such as this show, from a practical point of view, holding the TIE will in the long run make navigating Spanish administrative procedures easier, as well as having other advantages, such as being more durable and explicitly stating your status as a WA beneficiary”.
Update. 07/09/2021. CAB adviser has drafted a letter in Spanish for the banks with information on the validity and legality of the certificates. Available to our members.
Some banks are asking for their clients to produce a TIE. These bank staff are unaware of the rules under the Withdrawal Agreement nor the Resolution of July 2 2020 which states:
“That citizens of the Union or nationals of the United Kingdom, their family members and any other persons residing in their territory in accordance with the conditions established in this title do not have to apply for a new resident status in accordance with paragraph 1 to have legal residence, the persons to whom one of the residence rights established in this title corresponds shall have the right to receive, in accordance with the conditions established in Directive 2004/38 / EC, a residence document, which may be in digital format, stating that it has been issued in accordance with this Agreement ”, articulating a documentation process based on the current registration system that also guarantees the right contained in article 18.4 to obtain a new residence document .
By virtue of this, the nationals of the United Kingdom, the members of their families and any other persons residing in Spain in accordance with the conditions established in the Agreement will not have the obligation to request a new status of resident or submit, therefore, to a new documentation process, but they will have the right to receive, in accordance with the provisions of Directive 2004/38, a residence document that expressly includes their status as beneficiary of the Withdrawal Agreement.
In addition, in accordance with article 19 of the Withdrawal Agreement, it is allowed that this residence document can be requested, voluntarily, during the transitional period”.
The green residency certificate both the A4 and the small card size versions are legal and valid until any further notice.
In Spanish”
“ El Gobierno de España ha optado por la aplicación del artículo 18.4 según el cual «Si el Estado de acogida opta por que los ciudadanos de la Unión o los nacionales del Reino Unido, los miembros de sus familias y cualesquiera otras personas que residan en su territorio con arreglo a las condiciones establecidas en el presente título no tengan que solicitar una nueva condición de residente con arreglo al apartado 1 para tener residencia legal, las personas a las que corresponda uno de los derechos de residencia establecidos en el presente título tendrán derecho a recibir, con arreglo a las condiciones establecidas en la Directiva 2004/38/CE, un documento de residencia, que podrá estar en formato digital, que mencione que ha sido expedido de conformidad con el presente Acuerdo», articulándose un proceso de documentación basado en el sistema de registro actual que garantiza, además, el derecho que recoge el artículo 18.4 a obtener un nuevo documento de residencia.
En virtud de ello, los nacionales del Reino Unido, los miembros de sus familias y cualesquiera otras personas que residan en España con arreglo a las condiciones establecidas en el Acuerdo no tendrán la obligación de solicitar una nueva condición de residente ni someterse, por tanto, a un nuevo proceso de documentación, pero tendrán el derecho a recibir, de conformidad con las previsiones de la Directiva 2004/38, un documento de residencia que expresamente recoja su condición de beneficiario del Acuerdo de retirada.
, de conformidad con el artículo 19 del Acuerdo de retirada, se permite que este documento de residencia se pueda solicitar, voluntariamente, durante el periodo transitorio.
Ask the director of your bank to look up the Spanish resolution as they should be aware of the law that they are working under.
Further examples of the legality and Validy of the green registration certificates:
From La Moncloa (Palacio de la Moncloa, seat of the presidency of the Government of Spain)
“ To address the documentation process, the Withdrawal Agreement offers two possibilities: (1) lay down a procedure of a constituent nature, in which a new residence status must be applied for in the host State (Article 18.1); (2) Not to apply this procedure meaning that UK nationals will not have to ask for a new residence status as a condition for legal residence. In this case, those eligible for residence rights under the Withdrawal Agreement shall have the right to receive a residence document expressly identifying them as beneficiaries of the Agreement (18.4).
Spain has opted for this second option and it is therefore not mandatory to apply for a new residence document”.
“ The Withdrawal Agreement provides a transition period until 31 December 2020.
During this transition period, United
Kingdom nationals and their family
members who are nationals of third countries residing in Spain shall maintain their rights arising from the application of EU law.
After the end of the transition period, the Withdrawal Agreement sets out that their rights of residence, work, studies and social security will be maintained.
It should be kept in mind that registration certificates and residence card to family members of a Union citizen obtained before the end of the transition period will serve to prove legal residence in Spain afterwards and to benefit from the provisions of the Withdrawal Agreement. However, as from 6 July, you may apply for the issuance of a residence document, which follows a model established at European level and explicitly mentioning your status as a beneficiary of the Withdrawal Agreement. It will be very helpful to the holder as it is a physical card containing biometric elements.
Having a certificate of registration in force is a guarantee of your rights as a resident in Spain. You can consult this European Commission document containing questions and answers on who benefits from the Withdrawal Agreement and what their rights are”.
You may wish to use the information provided on this link as proof of the validity of the certificates.
Or here:
For your interest:
Why it is likely that the green certificates will be phased out.
NB: At no time is CAB suggesting that our members should not update for a TIE. This is a matter of choice to be made by the individual. Remember there are those that cannot get the card in time to suit the banks requirements. Some are very concerned.
The WA and the Spanish resolution with instructions for applying for residency under the WA is quite clear. Spain chose article 18.4 from the withdrawal agreement which clearly states that UKNS residing in Spain, would not have to apply for a new residency status nor update documentation though they have the right to do so.
Above you will find the article as to why we think it is likely that the green certificate will be phased out. The reason being that the European commission want EU citizens to have a residency certificate that is machine readable. When that occurs, UK nationals will not be able to update for a new certificate and will have to acquire the TIE. There is another informative article explaining why the TIE card will facilitate easier travel through external borders.
Please understand that everything has its merit and we will continue to provide information on all aspects of our rights. We inform, you make the choices.
Update. On September 15, 2021. The response from Cajamar head office to one of our members who took our letter to the banks to his branch manager explaining the validity of the green registration certificates.
Other clients have since received similar notifications.
21/10/21. Thanks to Helen Dolby for providing this feedback:
“Just wanted to say that having received an email from our bank asking for proof of residency, I was not looking forward to sorting it. I printed off the details from CAB, and went armed with everything this morning. The first person we spoke to asked for our TIE cards. I explained we don’t have them yet, but that our green residency cards are acceptable. She originally said no, until I showed her the details from CAB. She wasn’t aware. We were passed to another colleague who processed everything quickly, and thanked us for bringing it to their attention. They made copies of the CAB item to pass to colleagues within the branch. Sorted within 10-15 minutes, which was a relief. This is the bank which supposedly has informed all its branches of the correct procedures regarding acceptable residency documents”.
