NATIONALS OF THE UNITED KINGDOM OR THEIR FAMILIES RESIDENT IN SPAIN

Legal Abogados in Marbella

NATIONALS OF THE UNITED KINGDOM OR THEIR FAMILIES RESIDENT IN SPAIN

NATIONALS OF THE UNITED KINGDOM OR THEIR FAMILIES RESIDENT IN SPAIN

1.BEFORE DATE OF WITHDRAWAL

2. AFTER THE DATE OF WITHDRAWAL

With Withdrawal Agreement

Without withdrawal agreement

3. AFTER THE DATE OF WITHDRAWAL FOR NON-RESIDENTS

1.BEFORE DATE OF WITHDRAWAL

Citizens of the Union, including nationals of the United Kingdom, when they wish to reside for more than three months in Spain, must register in the Central Registry of Foreigners, this certificate is obtained by requesting a prior appointment for the “EU Certificates” procedure in the National Police.

Due to the large number of Britons who are proceeding to carry out this process now, there are some police stations in which there are no appointments available to carry out this procedure before the withdrawal. Since the administration are working continuously to optimize the dating system.

2. AFTER THE DATE OF WITHDRAWAL

2.1. With withdrawal agreement

The Withdrawal Agreement provides for the establishment of a transitional period from March 30, 2019 (April 12) to December 31, 2020, subject to extension.

During the transitional period:

The Withdrawal Agreement provides for residents who have obtained their certificate of registration or the family card of the Union before the transitional period:

– Maintenance of their rights of residence, work, studies and Social Security,

– They will serve to prove their legal residence in Spain later.

– You can apply for the Foreigner Identity Card (TIE) which explicitly mentions your status as a beneficiary of the Withdrawal Agreement. It will allow both the completion of administrative procedures and the crossing of the external border. Having a valid registration certificate is a guarantee of your rights as a resident in Spain.

During the transitional period for the resident who has not obtained his/her certificate of registration or the family card of the Union, he must directly apply for the residence document in the immigration office of the province in which he resides and subsequently proceed with the issuance of a Foreigner Identity Card in which explicitly mentions your status as a beneficiary of the Withdrawal Agreement.

After the transitional period.

The rights of nationals of the United Kingdom and their families after the transitional period will be established by the Agreement and, failing that, the general regime of foreigners in Spain will be applied .

The Withdrawal Agreement protects the rights of EU citizens and British nationals, as well as their respective family members, to continue living, working or studying as they currently do and under the same essential conditions as under EU law.

2.2 Without withdrawal agreement

The condition of a British in Spain will be considered as a third country national, the Spanish Government has planned a period of 21 months from the date of withdrawal from the United Kingdom without agreement.

If you have the certificate of registration – green card- or the card of relatives of EU citizens will serve you to prove your legal residence in Spain for a period of 21 months but you must obtain the Foreigner Identity Card (TIE). This documentation will definitively prove your residence in Spain.

The obtaining of the TIE will be by means of previous appointment and personally before the police dependencies that are established.

The TIE card will automatically replace the certificate or family card of a citizen of the Union and will be delivered within a very short period of time from your request.

If you do not have the registration certificate –green card- or the family card of EU citizen, and you can prove that you were resident in Spain before the withdrawal date, you must before the end of the 21 month period from the date of withdrawal without agreement, obtain the Foreigner Identity Card (TIE)

PROCEDURE:

First: apply for temporary residence and work authorization in the immigration office of the province where you reside. The deadline to resolve it is 3 months.

Second: once the authorization has been granted, within a period of 1 month you must request the TIE at the corresponding police station. This procedure is personal.

-You must prove that you resided in Spain before the withdrawal date (for example, through your registration certificate, rental agreements, property ownership, employment contract, enrollment in a study center).

-Proof of sufficient financial means will only be required if you do not have a prior registration certificate and do not carry out a professional or work activity in Spain.

-Criminal record. You should not provide it with your application. However, the competent authority may verify the existence of criminal records and, where appropriate, deny documentation for this reason that would affect public order.

-The TIE rate must be paid,

During the procedure, you can access the processing status. If your request is rejected, you must file an administrative appeal.ç

3. NATIONALS OF THE UNITED KINGDOM THAT DO NOT RESIDE IN SPAIN BEFORE THE DATE OF WITHDRAWAL

The British who arrive in Spain after the date of withdrawal, will have the status of third-country nationals and will be subject to the general immigration regime in Spain, without being able to request the application of Royal Decree-law5 / 2019, because the scope of application is for residents before the withdrawal date.

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