Source: https://www.lamoncloa.gob.es/lang/en/brexit/howtoprepare/Paginas/190108residence.aspx
Compiled by Maria de Castro - Lawyer
We have compiled below a number of Questions that will certainly solve some of your doubts regarding Brexit and residency in Spain:
BEFORE THE DATE OF WITHDRAWAL
1. I live in Spain but have never registered as a Spanish resident, should I do it before withdrawal date?
Yes, if you do not have a registration certificate as an EU citizen in Spain ( the Green Certificate) by the Central Register of Foreign Nationals ( Registro Central de Extranjeros), you need to get an appointment and obtain one
2. Where should I get that appointment?
At the police station in your province
3. Can I obtain it through the Internet?
Not all police stations offer appointments via the internet. You may need to contact them by phone as some police stations are also overloaded by this.
AFTER THE DATE OF WITHDRAWAL
With a Withdrawal Agreement
4. What will my situation be if I am already a resident in Spain?
During the transition- after Brexit period which will last, at least till 31st December 2020, UK Nationals and their family members resident in Spain—who are nationals of non-EU countries—will keep their EU rights ( with the exception of two: (1) the right to vote and stand in elections to the European Parliament and (2) the right to use the EU Citizens Initiative..
Once the transition period ends, the Withdrawal Agreement stipulates that your rights of residence, work, study and social security will be maintained.
Green cards obtained before the end of the transition period will subsequently serve to accredit legal residence in Spain and benefit from the provisions of the Withdrawal Agreement. For this reason, during the transition period, you may request the issue of a Foreigner Identity Card that explicitly mentions your condition as a beneficiary of the Withdrawal Agreement. This will facilitate both administrative procedures and any crossing of the external EU border.
This European Commission document includes questions and answers on who benefits from the Withdrawal Agreement and what their rights are.
5. Will UK nationals resident in Spain have to obtain a work permit to continue their professional activity in Spain?
No. The Withdrawal Agreement protects the rights of EU citizens and British nationals, as well as their respective family members, to continue living, working or studying as they do now and under the same basic conditions as under EU law. You may, therefore, continue to work as now without any additional permit.
6. Do family members of a UK national who are nationals of non-EU countries and resident in Spain have a special status?
Family members will maintain their status of family members of an EU citizen during the transition period and after it.
7. What if I arrive in Spain during the transition period--after Brexit and before 31st December 2020?
During that period, you must directly request the residence document ( Green certificate) at the office for foreign residents (Oficina de Extranjería) in the province where you live. After the necessary checkings by the Spain administration, you will obtain the same Foreigner Identity Card, explicitly maintaining your condition as a beneficiary under the Withdrawal Agreement.
8. What about those UK citizens who will begin their legal residence in Spain after the transition period?
These will have those rights established by the Withdrawal Agreement regulating future relations. In case no rights are stipulated, the situation will be governed by the general arrangements governing foreign residents in Spain.
Without a Withdrawal Agreement
9. What will my situation be if I am already a resident in Spain?
Spanish Government has provided for a period of 21 months from the date of the UK's withdrawal without an agreement for the UK nationals resident in Spain before withdrawal and their family members to obtain the new documentation (Foreigner Identity Card - TIE) that provides proof of your residence in Spain.
Until you obtain the necessary documents, for a period of 21 months your residence will continue to be legal.
Registration certificates (the Green Certificate) and the cards of family members of an EU citizen will serve as proof of their legal residence in Spain for a period of 21 months after the UK's withdrawal from the EU without an agreement and until they obtain the TIE. This document will be definitive proof of your residence in Spain.
10. Where will TIE be obtained after UK's withdrawal without an agreement?
At Police Stations. You will receive your TIE within 3 months after your application.
11. What will happen after the UK's withdrawal without an agreement if I reside in Spain but don't have a registration certificate? Will I be able to continue to reside in Spain?
Yes. Your residence will continue to be legally provided that you were resident in Spain before the withdrawal. However, before the expiry of the 21-month period following the date of withdrawal without an agreement, you must obtain the Foreigner Identity Card (TIE). This document will be definitive proof of your residence in Spain.
12. Obtention of the TIE
How is the process?
1. An application form needs to be presented by either you or your representative at the migration office of the province in which you live or by electronic means.
Among other requirements, you must prove that you were a resident in Spain before the withdrawal date. Means of proof are:
- Certificate of registration with the local authorities
- Rental contract
- Ownership of property
- Employment contract
- Enrolment at a study centre.
2. Once the authorisation has been granted, you must request the TIE at the corresponding police station. This procedure must be done by you in person.
How long does it take to get a TIE?
The authorisation is granted within 3 months from application. After this, you must apply for the TIE within a month from the notification.
Do the documents need to be originals?
Yes, documents must be original.
If you apply for the authorisation online (this procedure will be available for people who do not have a registration certificate) you must submit copies of them. IN order to apply online, you must have an electronic signature.
Any official documents required must be translated and notarized if necessary.
Do I have to provide proof of income?
Yes, you do IF (1) if you do not have a registration certificate and (2) do not engage in a professional or employment activity in Spain.
Do I have to submit a criminal record certificate?
You do not have to submit a criminal record certificate but the competent authority may check it.
Can I keep working or studying in Spain while I obtain the new documentation?
Yes. Provided that you are a resident in Spain before the withdrawal date, your residence during the 21 month period will continue to be legal, and you may, therefore, continue to work and study in Spain.
What will happen if an application is rejected? What are the deadlines for appealing the decision?
If your application is rejected, you must file an administrative appeal. The decision itself will indicate the procedures for filing an appeal, the deadlines and where you must file it. After this administrative examination, you may take judicial action.
13. I have been a resident in Spain for more than 5 years. Will I be eligible for long-term residence if there is a no-deal withdrawal?
Yes, provided that you meet the eligibility requirements. See Article 5 of Royal Decree-Law 5/2019 of 1 March. You should take into account the following:
- If you already had a permanent registration certificate ( green certificate), obtaining the TIE will require a procedure at the police authorities
- If you did not have the registration certificate or the registration certificate is temporary in nature, another procedure at the foreign nationals office will be required in addition to one before at police authorities.
In both cases, your passport must be valid.
14. What documents do I need to cross borders within the Schengen Area?
You must have a valid British passport and the document proving your status as a resident in Spain (TIE).
Within the period of 21 months from withdrawal, the provisional document (e.g. registration certificate or family member's card) will allow you to cross borders within the EU: Work is being done with the Commission to extend the provisional documents.
15. What documents will I need to move to another EU Member State for a period of more than 3 months?
You must obtain the documentation that proves your residence in Spain as a third-country national (TIE). However, this documentation only authorises you to reside and work in Spain. If you want to do so in another Member State, you will have to request the corresponding authorisation in that Member State under the requirements for each case in the legislation of the said country.
16. What is my situation if I arrive in Spain after the withdrawal date? What do I have to do?
From the day following the withdrawal date, UK nationals will have the condition of third-country nationals and the general arrangements for foreigners in Spain will be applicable to them.
17. Will UK nationals have to obtain a work permit to continue their professional activity in Spain?
They must request the documentation corresponding to their new condition as third-country nationals within 21 months from the withdrawal date. During this period their residence in Spain is legal and they may engage in their professional activity. In any event, once they obtain the Foreigner Identity Card it will definitively accredit their residence and employment status in Spain.
18. Do family members of a UK national who are nationals of third countries and resident in Spain have a special status?
Family members must obtain the documentation corresponding to their new condition as family members of third-country nationals within 21 months of the withdrawal date.
If they hold a residence card as a family member of an EU citizen, they must apply to have it replaced by a Foreigner Identity Card ( TIE) at the corresponding police authorities.
If they do not have the card of a family member of an EU citizen, they must apply for a residence and work permit as a family member of a UK national, at the office for foreign residents of the province where they reside. This application will be assessed on a case-by-case basis, and if it is accepted, they may then apply for the Foreigner Identity Card.
NOTE: In any event, the validity period of this temporary residence and work permit will be linked to the validity of the residence and work permit of the family member who is a UK national.
19. How long will a UK national be allowed to leave Spain without losing the long-term resident status?
You may leave for a maximum period of 12 consecutive months.
You must take into account that at the time when your status becomes one of a long-term residence, a check will be made to verify that your residence has been continuous. This is not affected by absence from Spain in the terms provided for by the law on foreign nationals.
20. How long will third-country family members of a UK national be allowed to leave Spain for without losing their resident status?
They may leave for a maximum period of 12 consecutive months.
You must take into account that at the time when your status becomes one of a long-term residence, a check will be made to verify that your residence has been continuous. This is not affected by absence from Spain in the terms provided for by the law on foreign nationals.
21. I am a UK national and reside in Spain. Can I travel to another Member State?
To travel to another Member State of the Schengen Area, you must have a valid passport and the document proving your residence in Spain (TIE).
If what you want is to travel to another EU Member State that does not belong to the Schengen Area, you must also take into account whether the EU country requires a visa.
NOTE: The European Commission has presented a proposal to waive visa requirements for UK nationals for stays of less than three months, provided that European citizens receive reciprocal treatment for entry to the UK. This proposal is in the legislative procedure phase for adoption by the Council of the Union and the European Parliament.
22. I am a UK national resident in Spain who wishes to study at university in another Member State. What do I have to do?
To study at a university in another Member State you must apply for the corresponding permit in accordance with the national law of the corresponding Member State.
Take into account that the residence permit arranged by Spain under Royal Decree-Law 5/2019 does not allow you to move to study in a university in other Member State.
If you participate in an EU or multilateral programme that includes mobility measures, or measures that are covered by an agreement between two or more higher education institutions, it may be a good idea to request an authorisation study associated with such an agreement under Article 44 of Royal Decree 557/2011 of 20 April, approving the Regulation on Foreign Residents with respect to the right to movement within the EU for study purposes.
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