Updates for residence cards of British citizens in Spain – Brexit

On January 31rst, 2020, the United Kingdom officially ceased to be part of the European Union. This situation generated uncertainty among the British collective that lives in Spanish territory. As a solution, an agreement was signed recognizing the rights of British citizens and establishing a transition period.

The transitional period will end on December 31rst, 2020. The agreement indicates that the British nationals, and their families, who have resided and worked in Spain as community citizens will continue to enjoy their rights during the transition. From the expiration of this period they will be considered as third-country nationals.

British citizens who need to stay in Spanish territory will have to manage a new physical identification document. For this, the General Directorate of Migrations has published an instruction that determines the procedure for issuing residence documents to citizens of the United Kingdom. Applications can be processed from July 6th, 2020.

Resident Cards in Spain for British citizens

The instruction defines several assumptions for UK nationals to update their immigration status based on the withdrawal agreement:

1.Citizen of the United Kingdom, holder of an EU certificate, who has not reached five years of legal residence in Spain

If you have an EU Citizen Registration Certificate and have not resided in Spain for five years, you can personally request, from the established police offices, the issuance of the residence document. This residence document will be valid for 5 years.

2.Citizen of the United Kingdom, holder of an EU certificate, who has reached five years of legal residence in Spain

If you have an EU Citizen Registration Certificate and have resided in Spain for five years, but have not obtained a permanent certificate, you can personally request, before the established police offices, the issuance of the residence document. This residence document will be valid for 10 years. In this case it will be necessary to demonstrate that you have lived in Spain during the previous 5 years. 

3.United Kingdom citizen holding a permanent EU certificate

If you have a permanent EU Citizen Registration Certificate, you can personally request, from the established police departments, the issuance of the residence document. This residence document will be valid for 10 years.

For these 3 requests, the interested person will need to provide the following documentation:

• EX 23 application form
• Valid and valid passport
• Tax Form 790/012 paid
• A photography

4.United Kingdom citizen without EU certificate

If you do not have a Certificate of registration of EU citizen, you can submit the application for the residence document, personally or through your representative, at the immigration office of the province in which you reside or intend to establish your residence, or by electronic means.

To make the request it will be necessary to provide the following documentation:

• EX 20 application form
• Valid and valid passport
• Documentation proving that the applicant is included in the personal scope of the Agreement, specifically, from the beginning of her residence in Spain, and 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. In the case of members of the family of the United Kingdom national who also hold British nationality, they must prove that said United Kingdom national, with whom they meet or accompany, fulfills the conditions depending on the situation in which they are found.

Once the application has been submitted, a receipt is received that certifies the process and the legal permanence in Spanish territory. Upon receiving the favorable response, it is necessary to process the residence card.

This residence document will be valid for 5 years for those cases whose residences do not reach 5 years. It will be valid for 10 years for those cases whose residences are greater than 5 years. After its validity, it must be automatically renewed.

Residence cards in Spain for relatives of British citizens

1.Family of a citizen of the United Kingdom, holder of a community family card, who has not reached five years of legal residence in Spain

If you have a residence card as a community family member, you can present the residency document request in person, before the established police offices. This residence document will be valid for 5 years.

2.Family of a citizen of the United Kingdom, holder of a community family card, who has reached five years of legal residence in Spain

If you have a residence card as a community relative, you can submit the application for the residence document, personally or by your representative, at the immigration office of the province in which you reside, or by electronic means. This residence document will be valid for 10 years.

3.United Kingdom citizen family member holding a permanent card

If you have a permanent residence card as a community relative, you can submit the application for the residence document in the established police offices. This residence document will be valid for 10 years.

4.United Kingdom citizen family member without Community Family Card

If you do not have a residence card as a community relative, you can submit the application for the residence document, personally or through your representative, at the immigration office of the province in which you reside or intend to establish your residence, or by electronic means.

Once the application has been submitted, a receipt is received that certifies the process and the legal permanence in Spanish territory. Upon receiving the favorable response, it is necessary to process the residence card at the corresponding police office.

If you are interested in processing your residency document or have questions about how to do it, our team of experts can advise you.

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Enlaces de interés:

• Brexit: Respuesta a las preguntas más frecuentes
• Actualizacion de tarjetas de residencia de ciudadanos britanicos en España
• Tarjetas de larga duración válidas en España