The result of the terms on which the UK left the EU on 31 January 2020 is the Agreement on the Withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community.
This Agreement came into force on 1 February 2020.
What was the transition period?
The Agreement established a transitional period until 31 December 2020. During this limited period, the EU law on freedom of movement continued to apply. Consequently, all rights remained the same until 31 December 2020, as if the UK were a member of the EU.
Who has the right to continue residing in Spain?
Those who exercised their right to reside or work under EU law before the end of the transition period, and who have continued to do so after, have the same rights under the Withdrawal Agreement as people who made the move before Brexit.
What happens if I missed the transition period?
For people who missed the transition period established by the Withdrawal Agreement, the request for temporary residence under Art. 50 TEU for UK nationals will be denied, but if you have lived in Spain long enough before the 31 December 2020, we can help you lodge a Spain visa application to the Courts, requesting a precautionary measure, in order for you to receive the residence permit and have permission to leave and enter Spain during the application process.
What appeal do I need to file?
In case your application has been rejected, you must lodge a contentious-administrative appeal before the Court against the final resolution held by Subdelegacion de Gobierno (Foreigners’ Office). You will have one month to appeal against the foreigners’ office or two months to appeal before the administrative courts.
What documents can I provide with the appeal, to prove that I was in Spain before the end of the transition period (31 December 2020) and that I am still residing in Spain at present?
- Certificates from the children’s schools.
- Rental agreement.
- Bank statements, utility bills, etc…
- Medical insurance.
- Spanish tax return.
- A manifestation of witnesses, declaring in front of a Public Notary or at the Courts that you have been living here during that period of time. The local police of your village/ city could write a report of the time you have been in Spain as an evidence.
What is a precautionary measure?
The precautionary measure are all those actions that a judge, a magistrate or the public administration can adopt, without taking into account the final result of the judicial process, so that these take full effect for the interested parties or for the procedural part.
It can be requested in accordance with art. 129 and ss of law 29/1998, of 13 July, regulating the contentious-administrative jurisdiction, consisting of the concession on a provisional basis, while the appeal is being processed and has not been finalized.
In this case, the judge in particular, will be asked to adopt the precautionary measure in order to allow freedom of movement between borders and avoid possible irreparable damage to reintegration. For example, to travel to the UK and return to Spain without any problems.
If you need assistance on this or any other immigration matter, please do not hesitate to contact us today.