There are currently 250.392 British residents in Spain. As the year coming to its end, the question many are asking is, what consequences the Brexit will have for British citizen and their families living in Spain, and what will happen to those who arrived during the transition period and those who will arrive after 31st of December 2020?
As we all know, the Brexit took place on 1 February 2020. With the signing of the withdrawal agreement, a transition period began and will end on December 31st of 2020. During this period, the EU Member States have been adapting their regulations to this new reality. What are the consequences of Brexit will have for British citizen living or planning to live in Spain?
What regulatory measures has been adopted by Spain?
On July 4th of 2020, through the instruction of both the “Dirección General de Migraciones» and the “Dirección General de la Policía”, Spanish authorities determines the procedure for issuing the residence document (described in the article 18.4 of the agreement on withdrawal of the United Kingdom and the European Union). The application of the residence document could be made since 6 July 2020.
This new document grants the British citizens a new identity card issued for them and their family for those living in Spain from 6 July 2020. For those who were already resident in Spain before that date it gives the possibility of exchanging their Community Registration Certificate (Green Card) for the new TIE until 31 December 2020. In that case, the TIE will regulate their situation, while maintaining the same rights they had until now.
What happens to those who were resident in Spain before July 6th of 2020?
They and their families will not need to apply for a new resident status, while maintaining the same rights they had until now. However, it is advisable to proceed with the exchange for the new Identity Card (TIE) for British citizens, as in the future the change may be obligatory and may be subject to certain deadlines.
This also applies to family members of British citizens who are nationals of a third country outside the EU.
What about those who started their residence after July 6th of 2020 and before December 31st of 2020?
They will have to apply for the new Residence Card, which is different from the Community Registration Certificate (Green Card).
People who arrived in Spain before the end of the transition period (31 December 2020), but who were not able to obtain a residence card before that deadline, will have to prove they were residents before that date in order to obtain it.
What happens to those who come to reside in Spain from January 1st of 2021?
This scenario is somewhat uncertain at the moment. What we do know is that from the 1st of January onwards the conditions will be restrictive. British citizens and their relatives who start to reside in Spain will be considered nationals of third countries. Therefore the freedom to provide services, move and reside will not applicable to them. In accordance with current immigration legislation, in order to be able to reside and/or work in Spain they would have to apply for the corresponding work and/or residence permit.
In order to obtain the type of residence and work permits, the application and processing must be managed, not by the foreign citizen, but by the Spanish company that wishes to incorporate a British citizen into its workforce.
You can get more information on the official website GOV.UK, about Brexit transition: new rules for 2021, Living in Spain. Click here.
