U.K. Nationals and Multiple Immigration Statuses

Beneficiaries of the Withdrawal Agreement may hold multiple immigration statuses. The same applies to their family members who are Withdrawal Agreement beneficiaries. The Withdrawal Agreement does not prevent them from enjoying other statuses under EU law or national law, provided they meet the conditions attached to these statuses.

For example, Withdrawal Agreement beneficiaries may also:
• become nationals of the host State and still confer Withdrawal Agreement rights on their family members;
• be family members of EU citizens residing in the Member State of their nationality and have residence status under domestic immigration law;
• be family members of mobile EU citizens and have residence status under the EU Free Movement Directive; or
• have long-term resident status in the host State under the Long–term Residence Directive.

Withdrawal Agreement beneficiaries holding multiple statuses may choose which status to rely on in a given context. For example, United Kingdom nationals married to an EU citizen may rely on their status as Withdrawal Agreement beneficiary in the host State but on the status as family member of a mobile EU citizen when travelling together with the EU citizen to another EU Member State.

The possibility of holding multiple status also entails the holding of multiple residence documents.
This means that the host State must, where the relevant conditions are fulfilled, recognise that a Withdrawal Agreement beneficiary has multiple statuses. It also means that Withdrawal Agreement beneficiaries should be able to hold separate documents reflecting their individual immigration statuses.

Simplification of the above:

A UK national married to a Spaniard (an EU citizen) who holds an Article 50 card under the Withdrawal Agreement would still be entitled to a second card as a family member of an EU citizen, provided they meet the conditions for that status.

Clarification Based on the Guidance:

1.Holding Multiple Statuses:

•The guidance explicitly states that Withdrawal Agreement beneficiaries can hold multiple immigration statuses simultaneously, as long as they fulfill the conditions for each status.

•A UK national who is a Withdrawal Agreement beneficiary could also qualify as a family member of an EU citizen under the EU Free Movement Directive.

2.Multiple Residence Documents:

•The host state (in this case, Spain) must issue separate residence documents for each status if the conditions are met.

•This means the UK national could hold:

•An Article 50 card reflecting their rights under the Withdrawal Agreement.

•A family member residence card reflecting their status as the spouse of an EU citizen.

3.Choice of Status:

•The UK national can choose which status to rely on depending on the context. For example:

•Use the Withdrawal Agreement status for rights tied to their pre-Brexit residence in Spain.

•Use the family member status when traveling with their EU spouse to another Member State.

Conditions to Fulfill:

To qualify for the family member status, the UK national must:

•Be legally married to the EU citizen.

•Reside in the host state (Spain) with the EU citizen or be accompanying them to another Member State.

•Apply for the family member residence document and provide the required documentation.

In summary, the UK national can hold both an Article 50 card and a family member residence card, as the Withdrawal Agreement and EU law allow for multiple statuses and corresponding documents.

We have provided the information from the European And a simplification from Citizens Advice Spain.

We cannot be accountable for the knowledge of civil servants, servants at the foreigners offices.

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.