ON Monday July 6, 2020, the Directorate General of Migration and the Policia Nacional issued – upon application – a new residency card and, with it, a new residency status specifically created pursuant to the Withdrawal Agreement (Part Two), published jointly by the EU and the UK on November 14, 2018.

This new residency status sits in between the standard EU citizens status and the non-EU citizens status and will have its own terms and conditions, in particular in respect to duration of the residency cards (and notably the introduction of a photo on the card). These are the most important points to consider:

UK nationals residents in Spain prior to December 31, 2020 will have the rights to residency, freedom of movement and Social Security as recognised in the Withdrawal Agreement. Applicants for residency after this end date may have differing rights, either those recognised in a future agreement between the EU and the UK or, by default, those recognised by existing Spanish laws and those that may be approved.

UK nationals (and their family members) will not have to apply for a new status but will be entitled to receive a card that confirms their status as beneficiaries of the rights contained in the Withdrawal Agreement.

The Instruction refers to various ‘statuses’ and procedures:

Applicants who have been residents for a period above five years and do have a permanent residency certificate, will submit their applications at the police station, receiving a permanent 10-year residency card. 

Applicants who have been residents for a period above five years but do not have a permanent residency certificate, will submit their applications at the police station, receiving a permanent 10-year residency card.

Applicants who have been residents for a period under five years but do have a residency certificate, will submit their applications at the police station, receiving a ‘temporary’ five-year residency card.

Applicants who do not have a residency certificate will submit their applications initially at the Foreigners Office and once approved, they will need to request the issuance of their five-year validity cards at the police station.

UK nationals arriving in Spain after the end date of the transition period (December 31, 2020), will have three months to apply for residency. Where not, the authorities reserve their right to grant extra time to submit the application. 

Temporary or extended absences from Spain will not affect the rights under the residency cards.

Donate

This site uses Akismet to reduce spam. Learn how your comment data is processed.