Brexit – a guide from the Spanish Authorities

July 31, 2020August 6, 2020

Brexit – a guide from the Spanish Authorities

The Spanish Authorities have released a guide to Brexit in both Spanish and English that covers lots of questions people many have from the basics, such as what is Brexit and where is it at to things like, Who is Covered by the Withdrawal Agreement? do you need a work permit? can I still be resident? what do I need to do etc?

Here we’ve picked out some of the key points – you can find a link to the full document here in Spanish and here in English

Who is Covered by the Withdrawal Agreement?

The Withdrawal Agreement protects UK nationals residing in Spain at the end of the transitional period.

I have a registration certificate. Can I continue to reside in Spain?

YES, you can continue residing in Spain. Additionally, both you and your family members will be able to request, from July 6, 2020, a residency document that explicitly mentions your status as a beneficiary of the Withdrawal Agreement, which will facilitate both administrative procedures and crossing the external border.

What will be my situation after the transition period?

The transitional period runs until December 31, 2020.
During this transitional period, nationals of the United Kingdom and their family members of third countries residing in Spain will maintain their rights derived from the application of Union Law.
Once the transitional period has ended, the Withdrawal Agreement provides that your rights of residence, work, studies and Social Security will be maintained.
Having a valid registration certificate is a guarantee of your rights as a resident in Spain.

What is my situation if I have arrived in Spain after the withdrawal date (January 31, 2020) and in the transitional period (February 1, 2020-December 31, 2020)? That I have to do?

The Withdrawal Agreement establishes a transitional period until December 31, 2020.
As of July 6, the procedure for obtaining the residence document in Article 18.4 of the Agreement will be enabled. Therefore, if you arrive after that date, you must directly request the residence document at the immigration office of the province in which you reside. It will be verified that it meets the same requirements that are required to obtain the certificate of registration as a citizen of the Union. Once the residence document has been obtained, it will be issued (in the form of a Foreigner Identity Card (TIE)) in which your status as beneficiary of the Withdrawal Agreement will be explicitly mentioned.
If you have already obtained Spanish nationality, you will not need to carry out any procedure.

Should UK nationals residing in Spain 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 to live, work or study as they currently do and under the same essential conditions as under EU law. Consequently, you can continue working as before without any additional permission.

What will my situation be if I arrive in Spain after January 1, 2021? What immigration laws apply to me?

Unless it is included in the subjective scope of the Withdrawal Agreement (see 1.4), UK nationals who enter Spain after 1 January 2021 will be considered third country nationals. Therefore, the general immigration regime will be applied to them, unless a future mobility scheme is negotiated within the framework of the Future Relationship Agreement that is being negotiated between the UK and the EU.

If I am a beneficiary of the Withdrawal Agreement, I am in possession of a residence document issued in agreement with the said Agreement and I want to move to reside in another EU country, can I do it?

The Withdrawal Agreement recognises the right to reside in the host country. Future mobility will be subject to negotiations for the future Agreement with the United Kingdom, in case of not reaching an agreement:
For short stays: the rules for short stays within the Schengen area apply.
For stays longer than 3 months, the national legislation of each EEMM will apply.

SUMMARY
I AM A HOLDER OF A TEMPORARY REGISTRY CERTIFICATE, BUT I HAVE NOT REACHED THE 5 YEARS OF LEGAL RESIDENCE IN SPAIN
WHERE SHOULD I GO?
You must submit the request in the police offices for an appointment.

WHAT DOCUMENTATION SHOULD I PROVIDE?
❖ Document request form (form EX23)
❖ Valid passport or expired copy.
❖ Form accrediting payment of fees (Form 790. Code 012).
The section corresponding to “Certificate of registration of community resident or residence card of family member of a citizen of the Union” must be marked.
❖ 1 photograph in accordance with the requirements established in the national identity document regulations.

WHAT IS THE VALIDITY?
5 years

I AM A HOLDER OF A TEMPORARY REGISTRY CERTIFICATE AND HAVE REACHED 5 YEARS OF LEGAL RESIDENCE IN SPAIN
WHERE SHOULD I GO?
You must submit the request in the police offices for an appointment.

WHAT IS THE VALIDITY?
5 years

I AM A HOLDER OF A PERMANENT REGISTRY CERTIFICATE
WHERE SHOULD I GO?
You must submit the request in the police offices for an appointment.

WHAT IS THE VALIDITY?
10 years
Remember that when you go to collect your residence document (once it is issued) you must carry your valid passport with you.

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Empadronamiento

November 18, 2019June 17, 2020

Silvia García Hurtado

Empadronamiento

This is a certificate provided by a local Ayuntamiento when someone living in a municipality signs onto the local register of residents, the “Padrón”. This is a kind of equivalent to the UK’s electoral register, compiled council by council, but unlike the UK does not convey a right to vote: for that, local residents also have to ask the council to put their name on the “census” as well as the padrón (note that we can only vote in local elections here).

Register on the padrón
If you are resident in Spain for more than three months, you must also register yourself on the Padrón,

How you register
You register for the Padrón at the local town hall by filling in the form they provide.

You do not need to own a property – you can register on the Padrón if you are renting or live with others, however you will need a rental contract or, if you are staying with friends or family, the home owner or person named on the rental contract will need to sign the form.

As many bureaucratic processes in Spain require you to present a Certificado de Empadronamiento it’s vital to register as soon as possible.

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Certificado de Registro – EU Citizens only

November 13, 2019July 31, 2020

Information

To provide you with the correct information in a clear understandable way

Certificado de Registro – EU Citizens only

Or Residencia as you probably know it

As an EU citizen without a Residencia you are not legally entitled to stay in Spain more than 90 days. It is the document certifying the registration in the Central Register of Foreigners of citizens of a Member State of the European Union or of another State party to the Agreement on the European Economic Area who will reside in Spain for a period of more than three months.

This is a document printed on green paper (used to be A4 size but is now credit-card sized) which is known by a range of names, including green certificate, green card, green NIE, residencia. It is, though, a registration certificate properly called a Certificado de Registro which is provided by the police to residents who comply with the legal requirement of registering with the police as a foreigner living in Spain. THE CERTIFICADO DE REGISTRO IS THE ONLY THING THAT PROVES LEGAL RESIDENCE.

You must apply within the 3 months after arrival.

Applying for Residencia does not lose you any of your rights as a British Passport holder.

Registering with the Central Register

In Lanzarote, the place to register is at the Delegación de Gobierno – Unidad de Extranjería office in Arrecife.

What you need to take

You have always to attach the following documents:

Passport or other identity document (not expired)
Official form (EX-18), two copies, filled and signed by the UE national.
In addition, you will have to attach other documents, depending on your situation:

salaried workers – your contract of employment or other proof of your employment status.
self-employed workers – proof of registration in the register of economic activities (censo de actividades económicas) or other proof of your employment status.
not in employment in Spain?

Proof of:
(i) health cover valid in Spain and
(ii) sufficient means to support yourself and your family.

Pensioners – provide proof of public health cover.

Students –
(i) proof of your registration in an educational establishment,
(ii) proof of public or private health cover and
(iii) formal declaration that you have sufficient means to support yourself during your stay.

Older residence certificates are larger (A4 size) but are still valid. You do not need to apply for a credit-card-sized certificate unless your circumstances change (for example your address) or unless you want to.

After you have been registered as a resident for five years, you can apply for a certificate of permanent residence in Spain. You will be issued with a similar credit card size Residence Certificate, but it will additionally state that you are a permanent resident (residente permanente).

You can find more information here

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Residencia

Número de Identificación de Extranjero

November 11, 2019June 17, 2020

Our simple, quick guide to Número de Identificación de Extranjero or your NIE. Simply scroll down to find out more…

NIE: a white certificate bearing a number. The letters stand for Número de Identificación de Extranjero, i.e. Foreigners Identification Number.

The NIE (Número de Identificación de Extranjero) is the identification number in Spain for everyone who is not a Spanish citizen. It is the counterpart to a DNI for Spanish citizens. Both EU citizens and non-EU citizens get issued a NIE. The NIE is not a fiscal residency identification; you can have a NIE and be fiscal resident in another country.

Who needs an NIE in Spain?

1. Any foreigner who becomes resident for tax purposes in Spain needs an NIE number in Spain.
2. Any non-resident foreigner who buys property in Spain. If a couple buys a property in Spain together, and they register the property in both their names, then both of them must obtain an NIE number in Spain.
3. Anyone who wants to work in Spain, or start a business in Spain.

N.I.E. is an abbreviation, which translates as Identification Number for Foreigners, or Foreigners’ Identification Number if you prefer. The number itself is made up of an initial letter followed by seven digits followed by a verification letter. The initial letter is an X before July 2008 and a Y afterwards. It is issued by the National Police of Spain.

The NIE is your all-purpose identification and tax number in Spain. You need it for everything that involves a trámite or official process in Spain. For example, you will need an NIE number to buy a property, buy a car, get connected to the utilities and, most importantly as far as the Spanish state is concerned, pay your taxes.

An NIE can be applied for in three ways:

Present the application in Spain personally, in which case proof of being legally in Spain and documents which justify the reasons for having the NIE.
An accredited representative in Spain with the correct legal powers, either general or specific, can make the application on behalf of the ´person making the application, and requires documents which justify the reasons for having the NIE.
Applications made in a Spanish diplomatic mission or consulate located in the country in which the person making the application is domiciled, requiring the documents which justify the reasons for having the NIE.