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I'm british: What if there is a deal?

Relevant information for British nationals in Spain

The Withdrawal Agreement will only apply to those nationals of the United Kingdom legally resident in Spain on 30 December 2020 (end of the transitional period) and their family members. The existence of a transitional period extends the effective exit of the United Kingdom, at least in this area of citizens' rights, until 31 December 2020.

Nationals of the United Kingdom and their family members who wish to reside in Spain after that date must comply with the provisions governing the “future mobility framework”. This framework has not yet been negotiated, although a Political Declaration has been signed.

The existence of a cut-off date, 31 December 2020, means that the documentation of nationals of the United Kingdom resident in Spain before the end of the transitional period becomes important.This may lead to different legal statutes depending on when they start their residence in Spain(before or after that date).

The Government of Spain will not require nationals of the United Kingdom residing in Spain before the end of the transitional period as well as their family members to undergo a new documentation process. It should be noted that they should already have a registration certificate (or a Residence card of a family member of a Union Citizen, in the case of family members) documenting their situation.

However, under Article 18.4 of the draft withdrawal agreement, work is in progress on a document stating that it has been issued in accordance with the withdrawal agreement. This document will have a uniform format (“Foreign Identity Card” TIE, for its acronym in Spanish) in which this will be evidenced. This document may be requested during the transitional period, although a planning of the applications may be established in order to avoid all of them being submitted at the same time.

All British nationals and their family members will be well advised to have a TIE format document stating that they are beneficiaries of the Withdrawal Agreement.

All nationals of the United Kingdom and their family members may benefit from a TIE format document that explicitly states that they are beneficiaries of the Withdrawal Agreement.

Therefore:

  • If you are a national of the United Kingdom resident in Spain before the withdrawal of the United Kingdom: : the residence certificate will be a valid document proving your legal status in Spain. You may, however, in accordance with Article 18.4, request the Uniform Format Document (TIE) certifying that it has been issued in accordance with the withdrawal agreement
  • If you are a third-country national who is a relative of a United Kingdom national, resident in Spain before the United Kingdom's withdrawal: : the Residence card of a family member of a Union Citizen will be a valid document proving your legal status in Spain. You may, however, in accordance with Article 18.4, request the Uniform Format Document (TIE).
  • If you are a national of the United Kingdom arriving in Spain during the transitional period: the Uniform Format Document (TIE) will be issued directly to you stating that it has been issued in accordance with the withdrawal agreement. The same requirements as for the registration certificate will be verified.
  • If you are a third-country national who is a relative of a United Kingdom national arriving in Spain during the transitional period: a Residence card of a family member of a Union Citizen will be issued directly to you stating that it has been issued in accordance with the withdrawal agreement. The same requirements as for obtaining a Residence card of a family member of a Union Citizen will be verified.
  • • If you are a national of the United Kingdom who has already obtained Spanish nationality: you do not need to complete any formalities.

The European Commission has produced a document with the frequently asked questions and their answers (FAQs) on the rights of EU and UK citizens after Brexit if there is an agreement. Do not hesitate to consult it for more information.

It should be remembered that, in Spain, citizens of the Union, including British citizens, must, when they wish to reside in Spain for more than three months, register in the Central Register of Foreigners.

This application must be submitted within three months from the date of entry into Spain, and a registration certificate will be issued immediately, stating the name, nationality and address of the registered person, his/her foreigner's identity number (NIE), and the date of registration.

Given that it is not known whether there will be a withdrawal agreement and that this process depends on decisions by the United Kingdom, it should be remembered that when the United Kingdom's withdrawal from the European Union becomes effective, having a valid registration certificate will guarantee recognition of your rights as a resident in Spain. In the event of departure with an agreement, this certificate will allow you to prove that you are a beneficiary of the Withdrawal Agreement. In the event of departure without agreement, this document will allow you to continue residing in Spain and obtain the documents corresponding to your status as a third-country national.

In case you do not yet have a registration certificate as an EU citizen, it is advisable to obtain this certificate before the date of the United Kingdom's departure from the European Union by requesting an appointment for the “EU Certificates” procedure at the Police stations of your province. NOTE: not all Police Stations have appointments available to carry out this procedure before the aforementioned date.

In the event that you are unable to obtain such certificate before the date of withdrawal, you may access the new procedure established for this purpose through the "Procedure for documentation of nationals of the United Kingdom", provided that you can prove, among other things, that you were resident in Spain on the date of withdrawal (for example, through your registration certificate.