Last July 6, the regulations that established the process to obtain residency documents for British nationals came into place. This will become effective once the United Kingdom of Great Britain and Northern Ireland leaves the European Union.

It is of note that, after the approval of Brexit, the United Kingdom leaves the European Union effective January 31, 2020. Meaning that British nationals who currently live or work in Spanish territory must process a new residency permit, considering that the conditions of free movement of people in Spain of EU citizens is no longer applicable.

Nevertheless, this agreement establishes a transitional period to regulate the legal situation that will last until December 31, 2020. This means that citizens of the United Kingdom will be able to enjoy their rights of free movement in Spain until the end of 2020 as if they were still a member of the European Union.

As the Agreement contemplates a transition period for its applicability, it should be clarified that British citizens who wish to remain in Spanish territory must begin the renovation of their residency permits. For that, one must take into consideration certain elements. These laws apply to UK citizens and their family members.

If you have any questions about the current situation, here we will explain it case by case. Nevertheless, you can always contact Duguech & Dip for an evaluation of each case.

I am a citizen of the United Kingdom, with a permit for temporary residency, and I have not yet reached five years of legal residency in Spain. What should I do?

You can personally request the residency document before the police precinct. This document will have a 5-year validity and will be “Temporary.” At its expiration, it should proceed to the automatic renewal.

Those who have reached the 5-years of legal residency in Spain will be able to obtain permanent residency before the expiration of the issued document. In this case, the new residency permit will have a validity of 10 years and will be “Permanent.”

I am a citizen of the United Kingdom, with a permit of temporary residency and I have reached five years of legal residency in Spain. What should I do if I have not processed the request for permanent residency?

Permanent residency can be personally requested before the police precinct. This residency document will have 10-years of validity and is classified as “Permanent”. After its expiration, it should proceed with its automatic renewal.

I am a citizen of the United Kingdom with a permit of Permanent residency, what should I do?

Permanent residency can be personally requested before the police precinct. This residency document will have 10-years of validity and is classified as “Permanent”. After its expiration, it should proceed with its automatic renewal.

I am a citizen of the United Kingdom in Spain, but I do not have any type of residency permit. What should I do?

You can personally, or through representation, request a permit through the Office for foreigners of the province in which you have established or plan to establish residency, or via electronic means. Once the request has been received, you will immediately receive a document certifying the presentation of the request for the residency document. This will be sufficient to certify the legal stay until the documentation is issued. If the request meets the requirements, the resolution will be issued and notified within a maximum of three months.

Once it has been approved, you must go to the police precinct authorized for the issuing of this document. This happens after the payment of the established fees. The validity of this document depends on the type of document issue. Five years is a “Temporary” document and ten years is “Permanent”.

In the case that the documents are not accepted, because the request does not comply with the necessary requirements, the interested party will be given a timeframe of ten business days to present the documentation. If this does not happen, the application is considered withdrawn.

Family Situations

The members of the family may also request residency permits. We will proceed to explain each situation.

If I am a family member of a British national or a citizen of a third country, holder of a temporary permit of a family member of the EU and have not yet reached the five years of legal residency in Spain. What should I do?

In this case, you may personally request a residency document before a police precinct. This document will have a validity of 5 years and will be classified as “Temporary”.

If I am a family member of a citizen of the United Kingdom or national of a third country, holder of a temporary permit for family members of a citizen of the EU, and I have reached the five years of legal residency in Spain. What should I do?

You can personally, or through representation, request a permit through the Office for foreigners of the province in which you have established or plan to establish residency, or via electronic means. Once the request has been received, you will immediately receive a document certifying the presentation of the request for the residency document. This will be sufficient to certify the legal stay until the documentation is issued. If the request meets the requirements, the resolution will be issued and notified within a maximum of three months.

Once it has been approved, you must go to the police precinct authorized for the issuing of this document. This happens after the payment of the established fees. The validity of this document depends on the type of document issue. Five years is a “Temporary” document and ten years is “Permanent”.

In the case that the documents are not accepted, because the request does not comply with the necessary requirements, the interested party will be given a timeframe of ten business days to present the documentation. If this does not happen, the application is considered withdrawn.

If I am a family member of a UK national or national of a third country, holder of a permanent permit of a citizen of the Union, what should I do?

In this case, residency can be personally requested before the police precinct. This residency document will have 10-years of validity and is classified as “Permanent”. After its expiration, it should proceed with its automatic renewal.

If I am a family member of a UK citizen or national of a third country, but I do not hold a permanent residency card for Union citizens, what should I do?

You can personally, or through representation, request a permit through the Office for foreigners of the province in which you have established or plan to establish residency, or via electronic means. Once the request has been received, you will immediately receive a document certifying the presentation of the request for the residency document. This will be sufficient to certify the legal stay until the documentation is issued. If the request meets the requirements, the resolution will be issued and notified within a maximum of three months.

Once it has been approved, you must go to the police precinct authorized for the issuing of this document. This happens after the payment of the established fees. The validity of this document depends on the type of document issue. Five years is a “Temporary” document and ten years is “Permanent”.

In the case that the documents are not accepted, because the request does not comply with the necessary requirements, the interested party will be given a timeframe of ten business days to present the documentation. If this does not happen, the application is considered withdrawn.

This residency document will have a validity of 5 years for those who are citizens of the United Kingdom and have not reached 5 years of legal residency and will therefore be classified as “Temporary”. The permit will have a validity of 10 years in those cases where the residents, citizens of the United Kingdom have reached 5-years of residency and will therefore be classified as “Permanent”. Once the document expires, the automatic renewal should proceed.

Can I renew a residency document if I already hold a certificate of registration from the European Union?

Yes. The renovation of the residency document should be requested when the validity of the certificate of registration expires. If the residency document is:

• Temporary: A residency document of 10-years, renewable automatically every 10-years will be issued, and the status will be changed to “Permanent”.
• Permanent: A residency document for 10-years, renewable automatically every 10-years will be issued. In the case of not presenting the request for renewal in the established timeframe, the right to permanent residency is not lost.

When should I present the request for renewal?

The renewal documentation should be presented in the month before the expiration of the residency document or within the three following months of its expiration.

How does it affect me if I am a UK national and begin the request to obtain my Certificate of Registration as a citizen of the United Kingdom?

The administrative processes that began before July 6, regarding the acquiring of the certificate of registration for UK citizens and residency cards for family members of citizens of the Union will be processed and resolved under what has been outlined in this guide.

If you find yourself in any of the previous situations and continue to have questions, in Duguech & Dip we can help you.

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 analysed as well as the established procedures may change at any time and without prior notice.

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