Brexit is the withdrawal of the United Kingdom and Northern Ireland (hereinafter “UK”) from the European Union on the 31st of January 2020.
The terms are agreed in the Withdrawal Agreement which was effective on the 1st of February 2020.
The Agreement foresees a transitional period which ends on the 31st of December 2020.
WHAT DO YOU NEED TO DO IF YOU ARE BRITISH AND WANT TO LIVE IN SPAIN?
It’s recommended to request as soon as possible a residence document which identifies you as beneficiary of the Agreement with the EU.
IF YOU ARE BRITISH AND WERE ALREADY IN SPAIN BEFORE THE 6TH OF JULI 2020
- It’s recommended to request as soon as possible a residence document which identifies you as beneficiary of the Agreement with the EU.
- You have to keep in mind that the residence certificates and family cards of an EU citizen, which were obtained before the end of the transitional period, will serve to prove the legal residence in Spain at a later time and will serve to benefit from the welfares of the Withdrawal Agreement.
IF YOU ARE BRITISH AND YOU CAME TO RESIDE TO SPAIN AFTER THE 6TH OF JULY 2020
- In case you request the residency, the residency documents will identify you as the beneficiary of the agreement
WHO IS COVERED BY THE WITHDRAWAL AGREEMENT?
- UK Nationals residing in Spain at the end of the transitional period (31st of December 2020), as well as their third-country relatives who are family members before the end of the transitional period (future children are also included)
- During this time, you will maintain your community rights (except for the right to vote actively or passively in elections to the European Parliament and exercises of the EU Citizen legislative initiative)
- After this period, you will maintain your rights of residence, work studies and social security
WHAT ADVANTAGES DO I HAVE AS A BENEFICIARY OF THE WITHDRAWAL AGREEMENT?
If you reside in Spain before the 31st of December 2020, you will have the rights in terms of residence, free movement and Social Security that the Withdrawal Agreement recognizes. Which, in short, are identical to what they have been up to now.
If you come to Spain after the 31st of December, you will have different rights, which will depend on what the EU and the UK agree to and, failing this, what is established by the Spanish Law. Therefore, you will probably be given the same rights as a citizen of a non-EU country (national of a third country), and the general immigration regime will be applied, unless a future mobility scheme is negotiated.
WHAT DO I HAVE TO DO TO OBTAIN A RESIDENCE DOCUMENT THAT RECOGNIZES ME AS A BENEFICARY OF THE SETTLEMENT?
- If you currently have a Community Citizen Residence Registration Certificate, you must request for you and your family a Foreigner Identity Card (TIE) from a Police Station.
This new Residence Card will allow you to continue residing, working or studying as before.
- If you and your family members do not have a Community Residence Registration Certificate or Residence Card as a family member of a citizen of the Community, you must apply for these residences at the Immigration Office of the province in which you reside. For that, you will have to meet the same requirements as for the before mentioned certificate or as a family member (sufficient financial means, employment contract payroll, health insurance, prove of family relationship etc.)
If the Immigration Office grants your residence to you and your family, you have to ask for the Foreigner Identity Card (TIE) at the Police Station.
These Foreigner Identity Cards (TIE) expressly indicate that you are beneficiary of the Withdrawal Agreement
HOW DO I GET IT?
You can order it yourself or with the help of our office, EUROBURO ASESORES S.L.
UNTIL WHEN DO I NEED DO HAVE IT?
You have to apply for it as soon as possible, for you and for your family members.
If you have arrived after the 6TH of July 2020, you have 3 months to request your residence and that of your family.
WHAT IS THE USE OF HAVING A NEW RESIDENCE CARD Y SPAIN?
To legalize your residence situation and that of your relatives in Spain, if they live with you, for all administrative and legal purposes; being able to benefit from the rights that this grants you now and in the future.
WHAT IF I WANT TO TRAVEL AFTER I AM RECOGNIZED AS A BENEFICIARY OF THE WITHDRAWAL AGREEEMENT ON MY CERTIFICATE OF RESIDENCE?
The Withdrawal Agreement only recognizes the right to reside in the host country. Future mobility will depend on the negotiations of the different countries with the UK. In case they do not reach an agreement:
- For short stays (less than 3 months): in principle, there would be no problem
- For long stays (more than 3 months): it depends on what the national law of each Member State says
We hope, this information has been useful to you.
REMEMBER: For these and other matters, such as for example your insurance, you can count on the help of EUROBURO ASESORES, S.L.