Brexit – a guide from the Spanish Authorities

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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 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 PERMANENT REGISTRY CERTIFICATE
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?
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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