On December 31, 2020 the Brexit transition period ends, and British citizens will no longer be considered EU citizens. As of January 1, 2021, they will be subject to the same legislative regime as any other non-EU country.

After Brexit, they will have to process the new residence permit for Brits in Spain that will affect their status as EU citizens, but not their legal residence in the country.

What is your case?

British citizen with a European Union certificate

British citizens with a European Union certificate or green card are those who live permanently in Spain. Before December 31, 2020, they will have to request an appointment at the national police to obtain the new card recognizing their rights under the withdrawal agreement.

British citizen with permanent certificate

That is, citizens who have been living in Spain for at least five years under a permanent EU certificate. They also have to apply for the new residence permit at the police station. They will be issued one valid for 10 years.

British citizen without a permanent certificate

Citizens living with a temporary EU certificate will have to prove that they have been living in Spain for five years or more.

If you are a British citizen and do not live in Spain, but want to obtain the new withdrawal agreement card, you have until December 31 to do the procedure at your local the Foreigners Office.

You must make an appointment online, in person, or through a lawyer. The process to obtain the residence permit in Spain as a community citizen will be carried out if you meet the minimum requirements to make the application until December 31, 2020.

* People whose begin to reside in Spain after December 31, when the transitional period ends, will have three months from their arrival in Spain to submit the application for the residence permit for British nationals in Spain after Brexit.

* The Foreigner’s Office will establish an appropriate additional period for applications submitted after December 31, 2020 in some cases.

How does this affect family members of British citizens in Spain fater Brexit?

• Relatives of British citizens in Spain must make an appointment at the police station to apply.
• The applicant’s previous periods of residence will be taken into account.
• If the family member does not have an EU card, he/she can apply for authorization of residence in Spain as an EU citizen at the Immigration Office until December 31, 2020.
• If he/she meets all the requirements for the current community card, the issuance is requested at the police.
• If the family member did not apply for the new card before July 6, 2020, or arrived in Spain after that date, he/she must apply for the residence permit at the Immigration Office of his/her place of origin.

At Duguech&Dip we can offer you the legal advice you need in applying for the new residence permit for British citizens in Spain after Brexit. Let’s arrange an appointment. Get in touch with us.

This information does not constitute under any circumstances legal advice, serving only for informational purposes. In case you need professional services in Global Immigration and Mobility, please contact us.

* It should be taken into account that the regulations of any of the countries analyzed, as well as the established procedures, may change at any time and without prior notice.

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