Residency Rights of UK National & Family Members Residing in Spain Before December 31/2020

Posted in: Brexit, Residency,
Author: Myra Cecilia Azzopardi
Tags: , ,

The information below is a translation taken from the text of the Spanish governments website. Sections marked with an asterisk are CAB comments.

The Withdrawal Agreement provides that your rights of residence, work, studies and Social Security will be maintained, provided that you resided in Spain before December 31.2020 and continue to reside here thereafter.

The current registration certificates and the cards held by UK nationals and family members residing in Spain are valid documents to prove legal residence in Spain, after the United Kingdom’s withdrawal from the EU and benefit from the provisions of the Withdrawal Agreement.

However, from the first week of July, British citizens and their family members residing in Spain will be able to request a uniform format residence document (TIE), which will evidence that they are beneficiaries of the Withdrawal Agreement.

British citizens and their non EU family members who are residing in Spain, during the transitional period, will also benefit from the Withdrawal Agreement. The registration certificates obtained during the transition period will also serve to evidence rights under the Withdrawal Agreement.

All UK Nationals and their family members who arrive and reside in Spain before December 31 of 2020 and continue to reside thereafter, will also have the right to protection under the Withdrawal Agreement. These citizens will be able to continue to reside in Spain post December 31. *The above relates to those who are legally residing in Spain and meet the requirements for residency such as employment, self employment, self sufficient and with full healthcare cover.

If you have not already done so, you must register as a citizen of the Union residing in Spain. The appointments for this procedure has been reopened until June 30. *Presumption that this date refers to the time frame up to when the green EU residency certificates will be issued.

During the transitional period, and until the uniform format residence document (TIE) begins to be issued, the first week of July, the current registration certificates and family cards of EU citizens will continue to be issued, which will accredit the right of being a beneficiary of the Withdrawal Agreement as those issued before February 1, 2020.

*The Spanish information does not mention those families who cannot obtain an appointment for residency applications before the end of the year. Until there is any clarification, CAB Spain have added the information taken from the Withdrawal Agreement chapter on the issuance of residency documents:

Note* The paragraph below may not be applicable to Spain. We will provide the information as soon as we have confirmation either way:

CB Spain have come to the conclusion that the six months for residency applications is not in the residency scheme chosen by Spain so inadmissible.

“the deadline for submitting the application shall not be less than 6 months from the end of the transition period, for persons residing in the host State before the end of the transition period”.)

UK Nationals rights to residence post transition period.

The rights of British citizens and their families who start their legal residence in Spain after the transitional period will be those established by any Agreement that regulates the future relationship or, failing that, those established by the general immigration regime.

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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