Brexit: Spanish residence

Artículo

Brexit: Spanish residence identity card procedure for UK citizens and their families

What is the change? Law Instruction for determining the procedure to issue the residence document for UK citizens and their families

Personal application: UK Nationals and their families. They will continue to be considered as European Union citizens until 31 December 2020.

Temporary application: The Immigration authorities have stated that starting July 6th 2020, the UK citizens in Spain should proceed with the application of a new residence identity card until the end of the transitory period, 31st December 2020.

Different scenarios:

1. UK citizens and their family members who obtained the residence in Spain before 31 December 2020

- UK citizens that currently have a UE certificate in Spain

UK citizens that are currently living or working in Spain who are in possession of a UE certificate could change their current document for an ID residence Card that states that they are beneficiary of the rights and conditions stablished by the exit agreement between the UE and the UK.

Who: They will have to submit the application personally.

When: It is necessary to obtain a previous appointment.

Where: At the Spanish Police Station

Validity:

  • Citizens that currently have a temporary EU certificate and do not have 5 years of legal residence in Spain will receive a residence card valid for a period of 5 years.
  • Citizens that currently have a temporary EU certificate and have 5 years of legal residence in Spain can apply to the permanent residence and obtain a residence card valid for 10 years.
  • Citizens that currently have a permanent EU certificate will receive a residence card valid for 10 years.

- UK citizens that do not have an EU certificate

Who: They will have to submit the application personally or thought electronical means.

When: It is necessary to obtain a previous appointment, if personally.

How: there are two steps.

  • Before Immigration authorities: They need to submit the application. Among others, they will need to prove before the immigration authorities their residence in Spain.
  • Before Police Station: Once granted, the applicants should apply for the residence card

Validity:

  • Citizens that currently do not have 5 years of legal residence in Spain will receive a residence card valid for a period of 5 years.
  • Citizens that currently have 5 years of legal residence in Spain can apply to the permanent residence and obtain a residence card valid for 10 years.

- Family members of EU citizens that are third country nationals and have a valid residence permit in Spain

Who: They will have to submit the application personally.

When: It is required to obtain a previous appointment.

How:

  • If they currently have a temporary residence permit for family members of EU nationals and less than 5 years of legal residence in Spain, they should directly change the status to the new residence card that will have a validity of 5 years before the Spanish Police Station.
  • If they currently have a temporary residence permit for family members of EU nationals and more than 5 years of legal residence in Spain, they should change the status to a residence card with a validity of 10 years. This procedure has two steps: (i) first the immigration authorities should determine that the individual fulfil with the requirements and after (ii) the application for the Spanish residence card before the Police Station.
  • If they currently have a permanent residence permit for family members of EU nationals they should change the status to a permanent residence card with a validity of 10 years before the Police Station.

- Family members of EU citizens that are third country nationals and do not have a residence permit

Who: They will have to submit the application personally or thought electronical means.

When: It is required to obtain a previous appointment, if personally.

How: there are two steps.

  • Before Immigration authorities: They need to submit the application. Among others, they will need to prove before the immigration authorities their residence in Spain and the link with the UK nationals.
  • Before Police Station: Once granted, the applicants should apply for the residence card.

Validity:

  • Citizens that currently do not have 5 years of legal residence in Spain will receive a residence card valid for a period of 5 years.
  • Citizens that currently have 5 years of legal residence in Spain can apply to the residence card valid for 10 years.

 

2. UK citizens and their family members in Spain after 31 December 2020)

In this scenario the UK nationals will not be beneficiary of the regime stablished in the transitory period. They will be considered third country national subject of the General Immigration regime.

They must apply for the residence permit within three months of their arrival in Spain.