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TEMPORARY AND PERMANENT RESIDENCE PERMITS FOR UNITED KINGDOM CITIZENS CURRENTLY RESIDENTS IN SPAIN

TEMPORARY AND PERMANENT RESIDENCE PERMITS FOR UNITED KINGDOM CITIZENS CURRENTLY RESIDENTS IN SPAIN 940 788 TLA

On 2nd July a new law has came into force in Spain to regulate the Spanish residence status  of the UK citizens, which creates a new RESIDENCE DOCUMENT to be obtained for those UK citizens to wish to continue in Spain as «Spanish-EU residents». 

Taking this into account, what the law is the following one:  «Resolución de 2 de julio de 2020, de la Subsecretaría, por la que se publica la Instrucción conjunta de la Dirección General de Migraciones y de la Dirección General de la Policía, por la que se determina el procedimiento para la expedición del documento de residencia previsto en el artículo 18.4 del Acuerdo de Retirada del Reino Unido de Gran Bretaña e Irlanda del Norte de la Unión Europea y de la Comunidad Europea de la Energía Atómica

It is very important to you to know that this new document IS NOT OBLIGATORY. The law expressly says that it is VOLUNTARY. 

Taking this into account, the content of this law is as it follows:

On January 31, 2020, the United Kingdom ceased to belong to the European Union. This exit is regulated by the “Withdrawal Agreement of the United Kingdom of Great Britain and Northern Ireland and the European Union” (Hereinafter «Withdrawal Agreement» or «Agreement») negotiated and ratified by both parties. This Agreement entered into force on February 1, 2020.

However, this Agreement establishes a transitional period that will last, in principle, until December 31, 2020. During its validity, the European Union legislation on free movement will continue to be applicable to all those citizens which are currently residents in Spain. Consequently, as determined in the second part of the Agreement (relating to citizens’ rights), all rights will remain until December 31, 2020 as if the United Kingdom were still a member of the European Union.

This implies that UK nationals will be able to enjoy their free movement rights in Spain until the end of 2020.

And, for those who have exercised their right to reside or work in Spain «before» the end of the transitional period (before the end of 2020),  and who wish to continue to do so after that period, they will have exactly the same rights under the Withdrawal Agreement as people who have arrived before Brexit.

Those who may arrive “after” the end of the transitional period (after the end of 2020) and who are not included in it, will be considered third-country nationals and, without prejudice to the application of a special future mobility regime, will be subject to the future provisions and negotiations EU-UK, or Spain-UK of the regime general of immigration.

Therefore, the following regimes are distinguished:

1.- The regime of citizens of the European Union, provided for in Royal Decree 240/2007, of February 16, on entry, free movement and residence in Spain of citizens of the Member States of the European Union and of other States parties in the Agreement on the European Economic Area;

2.- The regime applicable to nationals of the United Kingdom, the members of their families and any other persons included in the scope of application of the Withdrawal Agreement, who will be subject to its provisions, and who are the same as any citizen of the European Union.

and,

3.- The regime of third-country nationals, to whom the so-called “General Immigration Regime” will apply and which includes UK nationals who are not beneficiaries of the Withdrawal Agreement.

So:

– Those citizens of the United Kingdom residing in Spain BEFORE December 31, 2020 will have the rights in terms of residence, free movement and Social Security recognized by the Withdrawal Agreement and which are “the same” as any citizen of the Union European.

– Those citizens of the United Kingdom who arrive in Spain AFTER December 31, 2020, will have “different rights”, to be determined by the future relations established by the European Union and the United Kingdom, or, failing that, those who they are recognized by Spanish law in a UK agreement.

I AM A ALREADY A UK RESIDENT IN SPAIN  – IS THERE ANY OBLIGATION THAT I HAVE TO DO NOW?

The Spanish government have created a document for residence to recognise your new status/regime of residence. To obtain this certificate is not obligatory, but voluntary.

What the law says is that nationals of the United Kingdom, 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 apply for to be recognised with the new resident status, but they will have the «right» to receive, in accordance with the provisions of Directive 2004/38, a “Residence Document” that expressly reflects their status as beneficiary of the Withdrawal Agreement.

So, as conclusion: If you are a current UK resident in Spain, it is NOT obligatory to apply for this document of residence, but, it will be highly recommendable, because:

  • It will guaranty your position as EU resident with all the rights as access to Public Health, etc, in order to avoid eventual changes of normative in the future.
  • It will avoid eventual future problems of renovation of the previous residence certificates, etc.

Based on this and to avoid double petitions, a system has been set up in which the requests for «registration certificates» or «residence cards of a family member of a citizen of the Union» that are requested «during» the transitional period by those Nationals of the United Kingdom, the members of their families and any other persons residing in Spain in accordance with the conditions established in Title II of the Agreement, shall be understood and processed as requests for this residence document in Article 18.4 of the Agreement.

Furthermore, pursuant to Article 19 of the Withdrawal Agreement, this residence document is allowed to be applied for, voluntarily, during the transitional period.

Along with this format, it is established that their validity period must be between 5 and 10 years. In relation to validity and taking into account the provisions on temporary and permanent residence contained in the Withdrawal Agreement, it has been decided that “temporary residence “documents will be valid for 5 years and “permanent” ones for ten years.

WHEN CAN I APPLY FOR THIS RESIDENCE DOCUMENT?

The application for residence documents by nationals of the United Kingdom, the members of their families and any other persons residing in Spain in accordance with the conditions established in Title II of the Agreement may be made from 6TH  July 2020.

In the case of persons whose right of residence in Spain begins «after» the end of the transitional period in accordance with the provisions of title II of the Agreement, the deadline for submitting the application will be three months from their arrival in Spain or from for birth to occur.

DO I NEED TO BE IN SPAIN TO OBTAIN THE DOCUMENT?

As you will see below, depending on your personal situation, in some cases,  the document can be obtained by your representative. But in other cases, personal presence is required.

In those cases where it is processed in person, a PREVIOUS APPOINTMENT must be obtained.

WHAT IS THE CONTENT OF THE RESIDENCE DOCUMENT?

This residence document will be issued in accordance with the uniform model of residence permit for third-country nationals provided for in EC Regulation No. 1030/2002 and must be indicated in the field corresponding to the Type of permit «Article 50 TEU» and, in the field corresponding to Observations, the following phrase must be included : “emitido de conformidad con el artículo 18.4 del Acuerdo de retirada” (issued in accordance with article 18.4 of the Withdrawal Agreement).

PROCEDURE FOR OBTAINING THE RESIDENCY CERTIFICATE

The procedure for obtaining this residence document is established based on whether the UK national:

1.- Is the holder of a registration certificate, temporary or permanent; In this case, obtaining this residency document will require ONLY ONE STEP: At the Police station that are empowered to issue it, upon payment of the established fees.

2.- He has not registration certificate. This may be because:

– Because the British citizen, with effective residence in Spain, never asked for it

– Because he has arrived in Spain in the period from the date provided in these instructions (that is, after July 6) and the end of the transitional period or at a later time.

In this case, obtaining the certificate will require TWO STEPS:

Step 1: At the Imigration office that will grant, where appropriate, the residence document

And, later..

Step 2: before the authorized Police Station that will issue the document, upon payment of the established fees.

WHAT KIND OF DOCUMENTS WILL BE OBTAINED?

– PERMANENT RESIDENCE DOCUMENT: When 5 years of residence in Spain are completed. Those people who have reached five years of legal residence in Spain will be able to access “permanent residence” (as established in Article 15 of the Agreement). This procedure will be ONE STEP (before the police agencies).

TWO CASES arise:

  • Case 1.- The citizen already has a “Permanent” Residence Certificate: In the event that the citizen already has a “permanent residence” document, and before the validity of the issued residence document expires, they may request the issuance of a new residence document to the police departments that are enabled, which, after verifying the duration of the residence, will issue it.

This new residence document will be valid for 10 years and the term «Permanent» will be entered in the field corresponding to the Type of Permit. After its validity, it must be automatically renewed in accordance with the provisions of instruction 6.

At the time of their request, the interested citizen must provide the following documentation:

  • Application form -EX 23 Card application (art. 18.4 Withdrawal Agreement).
  • Valid and valid passport of the applicant. In the event that the passport is expired, a copy of it and the renewal application must be provided.
  • Proof of payment of the corresponding fee (form 790, code 012).
  • A photograph, in accordance with the requirements established in the national identity document regulations.

– At the time of delivery of the residence document, the citizen must prove that he is the recipient of the document by presenting his valid and valid passport.

– This residence document will be valid for ten years and the term «Permanent» will be entered in the field corresponding to the Type of Permit. After its validity, it must be automatically renewed in accordance with the provisions of instruction 6.

  • Case 2.- The citizen has a Certificate of “Temporary” Residence, but has already exceeded 5 years of residence in Spain. If the national of the United Kingdom is the holder of a «temporary registration certificate» and has reached 5 years of legal residence in Spain (without having obtained, prior to the application for this residence document, a permanent registration certificate), he may request personally, at the Police Station, the issuance of the residence document that, after verifying the duration of the residence, will issue it.

– At the time of their request, the interested citizen must provide the following documentation:

  • Application form -EX 23 Card application (art. 18.4 Withdrawal Agreement).
  • Valid and valid passport of the applicant. In the event that the passport is expired, a copy of it and the renewal application must be provided.
  • Proof of payment of the corresponding fee (form 790, code 012).
  • A photograph, in accordance with the requirements established in the national identity document regulations.

– At the time of delivery of the residence document, the citizen must prove to be the recipient of the residence document by presenting their valid and valid passport.

– This residence document will be valid for ten years and the term «Permanent» will be entered in the field corresponding to the Type of Permit. After its validity, it must be automatically renewed in accordance with the provisions of instruction 6.

TEMPORARY RESIDENCE DOCUMENT.- Citizen has resided in Spain for more than 3 months, but  and has still not reached 5 years.

If the national of the United Kingdom is the holder of a “temporary” registration certificate and has not reached five years of legal residence in Spain, he may personally request the issuance of the “Temporary” residence document from the police offices established.

– At the time of their request, the interested citizen must provide the following documentation:

  • Application form -EX 23 Card application (art. 18.4 Withdrawal Agreement).
  • Valid and valid passport of the applicant. In the event that the passport is expired, a copy of it and the renewal application must be provided.
  • Proof of payment of the corresponding fee (form 790, code 012).
  • A photograph, in accordance with the requirements established in the national identity document regulations.

– At the time of delivery of the residence document, the citizen must prove that he is the recipient of the document by presenting his valid and valid passport.

– This residence document will be valid for five years and the term «Temporary» will be entered in the field corresponding to the Type of Permit. After its validity, it must be automatically renewed in accordance with the provisions of instruction 6.

IN THE EVENT THAT THE CITIZEN WAS NOT A HOLDER OF A REGISTRATION CERTIFICATE, he may submit the application for this residence document through the TWO STEPS process:

STEP 1.- IMMIGRATION OFFICE: The citizen may request the «Certificate of Residence», personally or by his representative, at the immigration office of the province in which he resides or intends to establish his residence, or by electronic means.

– The competence to resolve these requests corresponds to the person who is the head of the immigration office.

– This request must be submitted in accordance with the provisions of the 3rd instruction

– At the time of your request, the following documentation must be provided:

  • Application form -EX 20 Application for residence document article 18.4 for nationals of the United Kingdom (Withdrawal Agreement of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community).
  • Valid and valid passport of the applicant. In the event that the passport is expired, a copy of these and the renewal application must be provided.
  • Documentation proving that the applicant is included in the personal scope of the Agreement, specifically, from the beginning of his residence in Spain, any means of evidence admitted in law must be admitted.
  • Documentation provided for in Article 3 of Order PRE / 1490/2012, of July 9, laying down rules for the application of Article 7 of Royal Decree 240/2007, of February 16, on entry, free movement and residence in Spain of citizens of the Member States of the European Union and of other States party to the Agreement on the European Economic Area.

In the case of family members of the United Kingdom national who also hold British nationality, they must prove that said United Kingdom national, with whom they meet or accompany, fulfils the conditions depending on the situation in which they are found.

– Once the application has been received, an accreditation receipt for the presentation of the application for the residence document will be delivered immediately, which will be sufficient to prove your legal stay status until its delivery. The possession of the receipt may not be a precondition for the exercise of other rights or the completion of administrative procedures, provided that the beneficiary of the rights can prove their situation by any other means of proof.

– Once the application is registered and in the event that it is not inadmissible for processing, its processing will begin, which will entail the evaluation of the documentation presented.

– If the application does not meet the necessary requirements for processing, the interested party will be required to correct the faults or accompany the required documents within ten business days, indicating that, if they did not do so, they will be will consider your request withdrawn, after a reasoned resolution, that does not exhaust the administrative route, and that you may be the subject of an appeal before the person in charge of the Delegation or Subdelegation of the corresponding Government, in accordance with the provisions of section 2. ª, Chapter II of Title V of Law 39/2015, of October 1, of the Common Administrative Procedure of Public Administrations.

– If the application meets the requirements, the resolution on the residence document will be issued and notified within a maximum period of three months.

STEP 2.- POLICE STATION: Once the above has been granted, you must go to the police station that is enabled to issue the document, after paying the established fees.

– Within a month from the notification of the resolution on the residence document, you must personally request its issuance.

– At the time of their request, the interested citizen must provide the following documentation:

  • Application form -EX 23 Card application (art. 18.4 Withdrawal Agreement).
  • Valid and valid passport of the applicant. In the event that the passport is expired, a copy of it and the renewal application must be provided.
  • Proof of payment of the corresponding fee (form 790, code 012).
  • A photograph, in accordance with the requirements established in the national identity document regulations.

– At the time of delivery of the residence document, the citizen must prove that he is the recipient of the document by presenting his valid and valid passport.

VALIDITY OF THE RESIDENCE DOCUMENT

This residence document will be valid for:

  • Five years for those cases whose residences do not reach five years and, therefore, in the field corresponding to the Type of Permit, the term «Temporary» shall be entered;
  • Ten years for those cases whose residences are higher than five years and, therefore, in the field corresponding to the Type of Permit, the term «Permanent» shall be entered. After its validity, it must be automatically renewed in accordance with the provisions of instruction 6.

MEMBERS OF THE FAMILY OF A CITIZEN RESIDENT IN SPAIN: The members of the families and any other persons, nationals of third countries, residing in Spain in accordance with the conditions established in the Agreement may request, in accordance with the above procedure, a residence document for the procedures indicated above, depending on their  personal situation.

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