Brexit - Residency

Residency after Brexit

Lets study the different scenarios after Brexit: with and without a deal between the EU and the UK

With a Withdrawal Agreement

I am a British citizen or family member of a British citizen resident in Spain before 30 March 2019. What will my situation be?

The Withdrawal Agreement provides for a transition period until 31 December 2020, which may be extended. During the transition period your rights under EU Law will be maintained, with the following exceptions:

• The right to vote and stand in elections to the European Parliament.

• The right to vote and stand in municipal elections. Spain and the UK are negotiating a bilateral agreement on voting rights so that citizens of one country may exercise this right in the other country after the UK’s withdrawal from the EU.

• Use of the EU citizens’ initiative.

Once the transition period ends, the Withdrawal Agreement stipulates that my rights of residence, work, studies and social security will be maintained.

What do I have to do?

The current registration certificates and ID cards as family members of an EU citizen held by British citizens and their family members resident in Spain before 30 March 2019 are valid documents for proving legal residence in Spain following the UK withdrawal from the EU on 29 March 2019 and for benefitting from the provisions of the Withdrawal Agreement.

However, once the transition period has begun, British citizens and their family members resident in Spain before 30 March 2019 may request a definitive residence document, the Foreigner Identity Card (TIE) that will prove the holder’s eligibility benefit from the rights included under the Withdrawal Agreement.

If you are British citizen or national of a third country, family member of a British citizen who arrives in Spain during the transition period, a Foreigner Identity Card (TIE) will be issued directly. The TIE will specify that it has been issued in accordance with the Withdrawal Agreement.

If you have already obtained Spanish nationality you will not need to do anything. The current registration certificates and cards of family members of a citizen of the EU will serve to prove legal residence following the UK’s withdrawal from the EU on 29 March 2019 and eligibility to benefit from the provisions of the Withdrawal Agreement.

Once the transition period has begun, the certificates will be replaced by a definitive document, the Foreigner Identity Card (TIE), which will prove the holder’s eligibility to benefit from the rights included under the Withdrawal Agreement.

If you already have Spanish nationality you will not have to do anything else.

What do I have to do now?

If you have not done so yet, you must register as a citizen of the EU resident in Spain.

Until the UK’s withdrawal, you will continue to be a citizen of the European Union, and as such, if you want to reside for more than three months in Spain, you must register at the Central Registry of Foreigners, where a certificate of registration will be issued to you immediately, including your name, nationality and address, your foreigner’s ID number, and the registration date.

This procedure will allow you to obtain a registration certificate that will be of great use following the date of the UK’s withdrawal in either of the two scenarios.

In the case of an exit with an agreement, the certificate will allow you to prove your condition of beneficiary under the Withdrawal Agreement. In the case of an exit without agreement, this document will allow you to continue to reside in Spain and obtain the documents required by the immigration regime.

You must apply for it at the immigration office in the province where you wish to reside or the corresponding police station. To obtain information on the address, phone numbers and opening times for the public of the Immigration Office see this page.

I am a British citizen. What will my rights be if I want to be a resident once the transition period has ended?

The rights of British citizens and their family members who begin to reside legally in Spain after the transition period will be those established by the agreement regulating future relations, or if there is none, those established by Spain.

Brexit - Residency

Without a WithdrawAgreement

I am a British citizen or family member of a British citizen resident in Spain before 30 March 2019. What will my situation be?

If the Withdrawal Agreement is not signed and ratified before 29 March 2019, the Government of Spain will provide a solution that in any event guarantee the legal security of British citizens and the members of their families resident in Spain before the exit date, taking into account the announcement made by the UK in this respect and the European Union guidelines.

What do I have to do?

Currently, the Government is establishing the precise terms of this process, which will be governed by the following principles:

• British citizens who are resident in Spain before the UK’s withdrawal date (29 March 2019) will be subject to the general immigration regime. In other words, British citizens who are now residents as EU citizens will be subject to the regime governing citizens of a third country.

• All British residents in Spain will be considered legal residents in Spain. To obtain permanent residence prior periods of residence in Spain will be taken into account in accordance with the regime governing EU citizens.

• To facilitate documentation of all the British citizens in Spain, the registration certificates and cards of family members of EU citizens will continue to be valid until the issue of new documents under the general immigration regime (TIE cards).

What do I have to do now?

If you have not done so yet, you must register as a citizen of the EU resident in Spain.

Until the UK’s withdrawal, you will continue to be a citizen of the European Union, and as such, if you want to reside for more than three months in Spain, you must register at the Central Registry of Foreigners, where a certificate of registration will be issued to you immediately, including your name, nationality and address, your foreigner’s ID number, and the registration date.

This procedure will allow you to obtain a registration certificate that will be of great use following the date of the UK’s withdrawal in either of the two scenarios.

In the case of an exit with an agreement, the certificate will allow you to prove your condition of beneficiary under the Withdrawal Agreement. In the case of an exit without agreement, this document will allow you to continue to reside in Spain and obtain the documents required by the immigration regime.

You must apply for it at the immigration office in the province where you wish to reside or the corresponding police station.

Text taken from the article published in La Moncloa website

6 thoughts on “Residency after Brexit

  1. We are a family looking to move to Spain in May, so post Brexit.
    Please can you detail any information that may be of assistance?
    Thank you.

    1. Hello Bob,

      thanks for your comment.

      If your intention is to move to Spain after Brexit, your family and you will probably need to apply for the TIE.

      This is an ID Card with your photo on it. You will also have to provide your full information and fingerprints to the Spanish System.

      TIE is the residency card for non-EU citizens.
      With an agreement everything will be much easier, but if there is not, you can apply for your VISA and get the TIE.

      It is in Spain’s interest to continue accepting brittisg citizens so I don’t think you will find many problems regarding living in this country.

      If you have any other questions, please do not hesitate to leave a comment.

      Ciao, buenos días 😃

  2. I’m married to a Spaniard and have had residency but told I have to renew as I lost the green paper. We are returning to Spain from the uk next month but may not be there until April 1/2 what will my rights be st that time. Any help would’ve appreciated

    1. Hi Beverly, thanks for your comment.

      If you have had the green card but you left Spain after that, you need to reapply/renew the residency.

      Depending if there is a deal or not you will need to get Green Card (EU Citizens) or TIE (for non-eu citizens).

      Once your husband register into the Spanish System again, you, as her wife, will be protected.

      Hope it helps.

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