Residence permits for British citizens in Spain following Brexit

Welcome to our blog. Today we’ll be discussing a highly topical issue that is of great interest, particularly to British nationals living in our country.

We will endeavour to answer all your questions and clarify any concerns you may have regarding how to regularise your legal residence permits in Spain following the entry into force of the new treaties, as a result of the United Kingdom’s withdrawal from the European Union following Brexit.

A new legal framework for everyone

On 31 January 2020, the United Kingdom left the European Union following the decision taken by the British people in a referendum, in what has come to be colloquially known as Brexit.

This significant event has brought about a fundamental shift in the geopolitical and diplomatic situation between the Member States of the Union and the United Kingdom, which has a major impact on all aspects of relations between countries.

To formalise this new international status, a document known as the “Agreement on the United Kingdom’s Withdrawal from the European Union”, which came into force on 1 February 2020, but which provides for a transitional period for compliance lasting until 31 December of the same year.

Every country in the European Union has had to adapt its legislation to bring it into line with this new model. That is why Spain, as a member of this supranational body, has drawn up legislation governing this matter. In this article, we will discuss the specific regulations concerning residence permits for British nationals, published in the Official State Gazette on 4 July 2020.

How does this new situation affect British citizens?

As a result of this new legal framework, UK nationals will no longer be regarded as citizens of the European Union once the aforementioned extension expires. This means that they must regularise their status and obtain a residence permit in order to continue living in Spain before the end of 2020.

It should be borne in mind here that a specific distinction is made between those British citizens already living in Spain before the end of 2020 and those arriving in the country from then onwards, as the former are covered by the “Withdrawal Agreement” mentioned above and enjoy certain rights regarding residence, freedom of movement and social security, whilst the latter will be treated as third-country nationals.

In practical terms, the former will be able to retain their existing residence rights by renewing their permits, whilst the latter will need to obtain approval from the Spanish public authorities in accordance with the current immigration law.

What do they need to do to obtain a residence permit?

Since 6 July 2020, British citizens who wish to live in Spain have been able to apply for residence permits.

For those who are already living in our country by the end of the year, the procedure will involve applying for a residence permit at the police station. This document will serve as legal proof of their residence status.

British citizens who wish to live in Spain after the deadline has passed will first need to apply for a residence permit at the immigration office and, once this has been granted, they will need to go to the relevant police station to have their residence document issued.

What documents need to be submitted?

Although the necessary and required documentation varies depending on each resident’s individual circumstances, there are some general supporting documents that must be submitted.

We will distinguish here between applications submitted to police stations and those submitted to the immigration office.

Documents to be presented at police stations (proof of residence):

●The relevant application form.
●A valid, current passport.
●Proof of payment of fees.
●A passport-sized photograph.

Documents to be submitted to the immigration office (residence certificate/permit):

●A valid, current passport.
●The relevant application form.
●Supporting documentation proving that the resident is resident in Spain or that they fall within the categories set out in the “Agreement on the Withdrawal of the United Kingdom from the European Union”.

In any event, the authority responsible for processing permits and documents may require additional documentation, depending on the circumstances of each individual case.

When does a residence permit expire?

As a general rule, residence permits are valid for between 5 and 10 years. The permit may be valid for 10 years provided that the person has been living in the country for more than 5 years and meets the legal requirements. In this case, it is regarded as a permanent permit and is automatically renewed from then on.

In all other cases not covered by the above, your residence permit will be regarded as temporary and will be valid for 5 years.

Conclusions to bear in mind

Broadly speaking, I have explained the current situation regarding residence permits in Spain for UK nationals. I hope you have found the information in this post useful and that it has cleared up any doubts you may have had on the subject.

In any case, as with any legislation, the specific circumstances of each individual and situation must be taken into account. It is therefore advisable to seek advice from a legal professional beforehand or to contact the relevant public authorities to enquire about your specific case.

And if you’re thinking of moving to Spain, a warm welcome to you! And if you already live here, we at Meridional would be delighted to assist you. You can contact us here