Residence permits for British citizens in Spain after Brexit

Welcome to our blog. Today we are going to talk about a hot topic of great interest, especially for British nationals living in our country.

We will try to answer all your questions and clarify your doubts about how to regularise your legal residence permits in Spain after the entry into force of the new treaties, due to the exit of the United Kingdom from the European Union after Brexit.

A new legal framework for all

On 31 January 2020, the United Kingdom ceased to belong to the European Union following the decision taken by the British people in a referendum, in what has become colloquially known as BREXIT.

This important event has brought about a fundamental change in the geopolitical and diplomatic situation between the member states of the Union and Great Britain, which greatly affects all areas of relations between countries.

In order to normalise this new international status, what is known as the ".Agreement on the withdrawal of the United Kingdom from the European Union"which entered into force on 1 February 2020, but which provides for a transitional period of adaptation until 31 December 2020.

Each nation of the European Union has had to adapt its legislation to accommodate this new model. This is why Spain, as a member of this supranational entity, has drafted regulatory laws in this regard. In this article we will deal with the explicit regulation on residence permits for British nationals, published in the Official State Gazette on 4 July 2020.

How does this new situation affect the British citizen?

Due to this new legal paradigm, UK citizens will cease to be considered EU citizens at the end of the above-mentioned extension. This implies that they will have to regularise their situation and obtain a residence permit to continue living in Spain before the end of 2020.

It should be noted here that a special distinction is made between those British citizens already living in Spain before the end of 2020 and those arriving in the country thereafter, as the former are covered by the "Withdrawal Agreement" mentioned above, enjoying certain rights in terms of residence, free movement and social security, while the latter will be considered as third-country nationals.

For practical purposes, the former will be able to maintain their already acquired residence rights by renewing their permits, while the latter will have to obtain the approval of the Spanish public administration according to the current law on foreigners.

What do I have to do to obtain a Residence Permit?

From 6 July 2020, residence permits can be applied for by all British citizens wishing to live in Spain.

For those who are already living in our country before the end of the year, the procedures will consist of applying for a residence document at the police station. This document will serve as legal accreditation in this regard.

For those British citizens who wish to live in Spain after the deadline, they 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 corresponding police station to be issued with a residence document.

What documentation must be submitted?

Although the necessary and required documentation varies according to the individual cases of each resident, there are some general accreditations that must be presented.

A distinction is made here between applications lodged with the police and applications lodged with the Aliens Office.

Documentation to be presented at the police station (residence document):

●Application form.
● Valid and valid passport.
●Fee payment receipt.
A passport photograph.

Documentation to be presented at the foreigners' office (residence certificate/permit):

● Valid and valid passport.
●Application form.
Supporting documentation proving that the resident resides in Spain or that he/she falls within the cases foreseen in the "Agreement on the Withdrawal of the United Kingdom from the European Union".

In any case, the competent permit and document authority may require additional documentation on a case-by-case basis.

When does a Residence Permit expire?

As a general rule, residence permits last between 5 and 10 years. The permit may last for 10 years as long as the person has been living in the country for more than 5 years and meets the legal requirements. In this case it is considered as a permanent permit and its renewal is automatic thereafter.

For all other cases that do not comply with the above, their residence permit will be considered temporary and will have a duration of 5 years.

Conclusions to consider

In general terms, I have explained the current situation regarding residence permits in Spain for UK citizens. I hope you have found the information in this post useful and that it has cleared up any doubts you may have had.

However, as in all legal regulations, the particularities of each person and situation must be taken into account. For this reason, it is advisable to seek advice from a legal professional beforehand or to go to the public administrations to ask about your specific case.

And if you are thinking of coming to live in Spain, please receive a warm welcome! And if you already live here, Meridional will be delighted to help you. You can contact us here