SPANISH RESIDENCY FOR BRITISH CITIZENS AFTER BREXIT
It is well known that the EU-UK Withdrawal Agreement entered into force on February 1, 2020 and established a transitional period that ended on December 31 of the same year. As determined in the second part of the Agreement, all rights of the British citizens have been maintained until December 31 as if the United Kingdom were still a member of the European Union. Consequently, British citizens who resided in Spain before December 31, 2020, will continue to enjoy the same rights that they had until then.
RESIDENCY BEFORE DECEMBER 31, 2021
Thus, until December 31, British citizens residing in Spain have had two options to document themselves depending on whether they had previously proven their status as residents or had not:
- British holders of a temporary or permanent EU registration certificate
These citizens were able to personally request the issuance of a foreigner identity card (TIE) directly at the police stations or police services of the immigration offices.
- British who are not holders of a temporary or permanent EU registration certificate
In these cases, a double procedure was established:
First, the immigration offices had to declare the right of residence in accordance with the stipulations of the Community regime. To do this, these citizens had to submit their application for resident status, providing the documentation proving compliance with the conditions of residence under the Community regime.
Second, once the resolution has been notified to the British citizen, the TIE has to be issued as mentioned above.
RESIDENCY SINCE JANUARY 1, 2021
As the model adopted by Spain for the recognition of the right of residence in the Withdrawal Agreement is declarative, it is possible that a British citizen was living in Spain prior to December 31, 2020, the end date of the transitional period, in accordance with the Community law and however, had not carried out the procedures for its documentation.
Thus, it is possible for a British citizen to be considered as a beneficiary of the Withdrawal Agreement if he proves his entry into Spain before December 31, 2020.
Residency in Spain must be effective and continuous and must be documented by any means of proof valid in Law, for example, Council registration certificate, work life report, study certificates, etc.
However, for those UK nationals who arrive in Spain after the end of the transitional period, that is, from January 1, 2021 and who are not beneficiaries of the Withdrawal Agreement, the general immigration regime is applied to them.
For them, it is also possible that the right of residency under the community regime may be recognized through the issuance of a card of a family member of a European Union resident, as it happens with the rest of citizens of third States that are in this situation.
It may also exist in the case that a British citizen can prove to be a beneficiary of the Withdrawal Agreement and, at the same time, to be a relative of a resident of the European Union. In this case, it is the interested party himself who must choose between documenting himself as a beneficiary of the Agreement or as a family member of an EU resident, depending on his interests.
FAMILY MEMBERS OF THE BRITISH CITIZEN
Family members of resident British citizens and beneficiaries of the Withdrawal Agreement can meet and, therefore, regroup in Spain, even if they have never effectively resided in the country. The link is required to be prior to December 31, 2020 and to be maintained over time. In addition, all the circumstances required under the community regime must be given to the family members for their inclusion in said regime.
The children of the beneficiaries of the Withdrawal Agreement, born after the end of the transitional period and outside of Spanish territory, may also regroup with their parents in Spain.