Frequently asked questions about the situation of UK nationals in Spain on the occasion of the Brexit

• If you have arrived in Spain in the middle of the transitional period (1 February 2020 - 31 December 2020), what should you do?

You must apply directly for the residence document at the foreigner's office in the province where you reside. It will be verified that you meet the same requirements as those required for obtaining a Union citizen's certificate.

 

 

• If you have tried to obtain an appointment, but there are no appointments available on the internet, what can you do?

Due to the different phases associated with the Plan for Transition to a New Normaly after the COVID19 crisis, the number of available appointments will be progressively increased.

 

 

• What will be your situation if you arrive in Spain after 1 January 2021?

UK nationals entering Spain after 1 January 2121 will be considered as third country nationals. Therefore, the general regime for foreigners will apply.

 

 

• If you already have a certificate of registration, how can you obtain a residence document?

You must make an appointment in advance and submit your application in person at the police stations to be established. The certificate will be replaced by the new residence document, which will be given to you within the time limit indicated by the office.

 

 

• Do you have to apply for it before 31st December 2020?

Applications to replace your existing registration certificate may be made at any time, including at the end of the transitional period.

 

 

• Can you continue to reside in Spain if you do not have a certificate of registration?

Yes, but to facilitate administrative formalities and border crossings, you should be in possession of a residence document. As of last 6th July, registration certificates were no longer issued to UK nationals and applications for such certificates are now processed as applications for residence documents.

 

 

• How can you obtain a residence document?

By submitting the application in person, you or your representative, at the foreigners' office of the province where you reside. You must prove that you were resident in Spain before the end of the transitional period. You must apply for the residence document at the foreigners' office in the province where you reside or will be residing and, once granted, you must apply for its issue at the corresponding police station. This is a personal and face-to-face procedure.

 

 

• Do you have to apply for it within a maximum period of time?

The deadline for submitting the application is 3 months from your arrival in Spain.

 

 

• How long will it take to obtain the residence document?

The deadline for deciding whether to grant it is three months. After that, you must apply for it to be issued within one month of notification.

 

 

• Can someone else apply for the residence document in your place?

Applications at the foreigner's offices can be made by a duly accredited representative. On the other hand, the application for the issuance of the residence document (the physical card) at the police offices must be made personally by the interested party. Similarly, the collection of the same must be made by the interested party himself, presenting the valid passport in force.

 

 

• Do I need to prove my income?

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

 

 

• Is it necessary to provide a certificate of criminal record?

You do not need to provide this with your application. However, the competent authority will verify the existence of a criminal record.

 

 

• If you have lived in Spain for more than 5 years, will you be able to maintain/access a permanent residence?

Yes. In any case, obtaining a permanent residence document will require you to take one step before the police (if you already have a temporary or permanent registration certificate) or two steps (if you do not have a registration certificate) before the foreigners' office and the police.

 

 

• What conditions must your family members meet to be beneficiaries?

Family members of UK nationals will be eligible if they meet one of the following conditions:

 

- They must have resided in Spain before the end of the transitional period and continue to reside after this period.

- They have not resided in Spain before the end of the transitional period, but have a direct link with a UK national before the end of the transitional period and at the time they are to join him.

 

 

 

Javier Blas
Elisabeth Bonet Ochogavía
ILLESLEX

 

 

For additional information on the content of this document, you can contact ILLESLEX at  info@illeslex.com

 

 

 

 

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