brexit

Brexit new immigration regulations

 

Our Immigration expert collaborator Ms. Alejandra Castillo, this article explains the new documentation regulations for the British citizens residing in Spain or coming from now on. You can contact our expert directly by email: info@asesoriacm.com.

New regulations

The UK left finally the EU on January 2020 when a withdrawal Agreement was signed between both parties and a transition period started for all the countries to adapt to the new situation.

A few weeks ago the Immigration Secretay of State approved the Instruction explaining how to adapt all the UE citizens and change the UE citizens certificates for a residence card according to the withdrawal Agreement.

Basically this Instruction acknowledge that the UK citizens and their families who were residing and working in the EU before the transition period and keep doing so after that they will remain in the same situation as they are now.

On the contrary, those who arrive to Spain after the transition period, this is December the 31st 2020, they will be treated as a third country citizens and subject to the regular immigration regulations.

We will have then two groups of UK citizens:

  • Those who will remain in the same situation as before,
  • Those who come after December the 31st

The Instruction regulates both situations.

When is it possible to apply for the new residence card for UK citizens?

From June the 6th the. The new residence card will be like a residence card of third country citizens and it will state specifically that it is issued according to article 18.4 of the withdrawal Agreement.

British citizen with EU residence certificate less than 5 years old.

If you are in this situation you can apply personally to the appointed offices the new residence document.

You will need the following documentation:

  • Form EX-23
  • Valid passport in force.
  • Tax paid (form 790 012)
  • Passport size photo.

The new residence card will be valid for 5 years. You must renew it at the end of this term.

British citizen with EU temporary residence certificate more than 5 years old.

If you do not have the permanent EU residence certificate but you are resident in Spain for more than 5 years you can apply personally to the appointed offices the new residence document which will be granted after checking the duration of the old one.

You will need the following documentation:

  • Form EX-23
  • Valid passport in force.
  • Tax paid (form 790 012)
  • Passport size photo.

This document will be valid for 10 years and it is considered as permanent residence. You must renew it at the end of this term.

British citizen with EU permanent residence certificate.

You can apply personally to the appointed offices the new residence document.

You will need the following documentation:

  • Form EX-23
  • Valid passport in force.
  • Tax paid (form 790 012)
  • Passport size photo.

This document will be valid for 10 years. You must renew it at the end of this term.

British citizen without EU residence certificate.

You can apply for the new residence card personally or duly represented or lectronically the new residence card. You must apply to the office where you reside or where you wish to set up your residence in Spain.

Which documents will you need?

  • Form EX-20
  • Valid passport in force.
  • Any kind of evidence that you reside in Spain prior to the transition period.
  • Evidence for the applicant or relatives applying of their employment contract, self-employed situation or medical insurance plus income or sufficient means to live during the residence time, in the case of students the studies documentation, medical insurance and a statement of truth about sufficient means to live during the studying period.

Once the application is made you will get a receipt to show that your application is in progress and you are legally staying in Spain. Once your application is approved you can apply for the residence card.

For that you will need the following documentation:

  • Form EX-23
  • Valid passport in force.
  • Tax paid (form 790 012)
  • Passport size photo.

New card for British citizens relatives

The relatives who reside with the British citizen in Spain according to the withdrawal Agreement conditions can apply for a residence document.

The applications can be made from June the 6th on or 3 months after your entry if you do so after December the 31st 2020.

Relatives with EU residence card of British citizens

If you are in this situation whether you reside in Spain for more or less than 5 years you can apply personally for your residence card at the appointed offices.

Relatives without EU residence card of British citizens

You can apply for the residence certificate first personally or duly represented to the appointed office.

Once your application has been approved you will have to apply for the new residence card with the corresponding documentation and tax to pay.

Ongoing procedures

All the UE residence certificate procedures and relative of UE citizens will be subject to the new regulations of the Instruction.

Thank you

Thank you for your time and attention and I hope this information is of use.

Warning

Please, note that this is general information. This is not specific legal advice. It is advisable to seek legal advice for any specific legal issue.