On July 2, the BOE (Spanish Official State Bulletin) published the Instruction determining the issuance of the residence document in Spain for the citizens of the United Kingdom necessary after the entry into force of Brexit, provided for in the Withdrawal Agreement of the United Kingdom of Great Britain and Northern Ireland of the European Union and the European Atomic Energy Community. This Agreement was negotiated and ratified by both parties: the United Kingdom and the European Union

As laid down in this Agreement, the right of free movement of persons in force in the European Union will continue to be in force for persons of British nationality and their families during a transition period ending on December 31, 2020, as if the United Kingdom continue to be part of the Union.

Until now, British nationals and their families will be able to exercise their right to reside and work in the EU, and therefore in Spain, in accordance with the regulations for European citizens and their families, applying the general immigration regime to all those people who intend to reside and work in Spain last December 31, 2020.

Thus, all those beneficiaries of the Withdrawal Agreement, that is, those people of British nationality and their relatives who have exercised the right of residence and work during the UK’s stay in the European Union or during the transition period once Brexit is applied, they needn’t apply for a new resident status or undergo a new documentation process to be able to have legal residence in Spain, although they must request a residence document, which may be issued in digital format, issued in accordance with the provisions established in the Agreement between the United Kingdom and the European Union, which expressly includes the condition of beneficiary of this Agreement. This document can be requested already during the transition period, specifically from July 6, 2020. Likewise, and to avoid doubled-up applications, all applications for a certificate of registration of EU citizens and residence and work permits for your next of kin requested during this period will already be processed as applications for the residence document under the Agreement, so their holders need not apply for it again once the transition period has ended.

Obtaining the residency document under the Agreement varies depending on whether the applicant is a UK national or relative of a UK national and the type of certificate / permit they have, or may even not have when exercising their right of residence within the transition period, at the time of application.

We now go on to describe the procedure for each particular case:

United Kingdom nationals

  • British national holding a temporary registration certificate of an EU citizen who has not reached 5 years of legal residence in Spain: the procedure is carried out in person before the corresponding police units, by appointment. You will obtain a temporary residence document valid for 5 years. After 5 years, the holder of this document may request the exchange for a permanent residence document, with a validity of 10 years.
  • British national holding a temporary registration certificate for an EU citizen who has reached 5 years of legal residence in Spain: the procedure is carried out in person before the corresponding police units, by appointment. You will obtain a document of permanent residence valid for 10 years. After its validity, it will proceed to automatic renewal.
  • British national holding a permanent EU citizen registration certificate: the procedure is carried out in person before the corresponding police units, by appointment. You will obtain a document of permanent residence valid for 10 years. After its validity, it will proceed to automatic renewal.
  • British national who is not the holder of an EU citizen registration certificate: the procedure is carried out in person or through a representative before the Immigration Office that corresponds to him, by face-to-face or telematic. You will obtain a document of temporary residence for 5 years or permanent for 10 years depending on the type of residence requested.

Upon reaching 5 years of legal and continuous residence in Spain, any national of the United Kingdom may request the exchange of their temporary residence document for a permanent residence document, valid for 10 years.

Family members of United Kingdom nationals

  • Family member of a British national holding a temporary card for a family member of a Union citizen who has not reached 5 years of legal residence in Spain: the procedure is carried out in person before the corresponding police agencies, by appointment. You will obtain a temporary residence document valid for 5 years. After 5 years, the holder of this document may request the exchange for a permanent residence document, with a validity of 10 years.
  • Family member of a British national holding a temporary card for a family member of a citizen of the Union who has reached 5 years of legal residence in Spain: the procedure is carried out personally or through a representative before the Immigration Office that corresponds to him, by domicile. face-to-face or telematic. You will obtain a document of permanent residence valid for 10 years. After its validity, it will proceed to automatic renewal.
  • Family member of a British national holding a permanent card for a family member of a Union citizen: the procedure is carried out in person before the corresponding police units, by appointment. You will obtain a document of permanent residence valid for 10 years. After its validity, it will proceed to automatic renewal.
  • Family member of a British national who is not the holder of a family card of a citizen of the Union: the procedure is carried out personally or by means of a representative before the Aliens Office that corresponds by domicile, in person or online. You will obtain either a 5-year temporary or 10-year permanent residence document depending on the type of residence of the UK national of whom you are a relative and who is entitled to residency in Spain. After its validity, it will proceed to automatic renewal. Those people who have reached 5 years of legal residence in Spain will be able to access permanent residence before the validity of their residence document expires. The process will be carried out personally or through a representative before the Immigration Office that corresponds to the address, in person or online. You will obtain a document of permanent residence for 10 years. After its validity, it will proceed to automatic renewal.

Renewal of residence permit

The renewal of the residence document of United Kingdom nationals and their relatives must be requested during the month prior to the expiration of the same and in the three subsequent months and will be valid for 10 years.

Contact us by email at info@murlacontreras.com, calling (+34) 935113062 or filling out the form at https://murlacontreras.com/en/contact-and-location/ to present your case to us, ask for an estimate or to initiate the procedures for this residence permit.