BREXIT. Withdrawal agreement. New procedure regarding the documentation of British citizens and their relatives

After the announcement of the United Kingdom's departure from the European Union on January 31, 2020, many British people have come to our office requesting information on how the residence application procedure in Spain would be from now.

Well, the General Directorate of the Police has made public the joint Instruction of the General Directorate of Migration and the General Directorate of the Police, which determines the procedure for issuing the residence document, provided for in article 18.4 of the agreement for the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union, residence document whose application can be made from July 6, 2020 until December 31 of this year.

In this article we briefly explain the terms established therein.

1. British citizens who do not have a Union residence certificate:

They must meet some of the following requirements:

- To be employee or self-employed person

- To be a student.

- To have sufficient financial resources and have public or private health insurance that provides coverage throughout the period of residence.

The maximum period for the resolution of the file will be 3 months, after that it will be understood that the request has been rejected.

Once the favorable resolution is received, the card will be requested from the corresponding police offices.

This residence document will be valid for 5 years and will be temporary. However, if the interested party can prove that they have resided in Spain for a continuous period of 5 years, the validity of the residence will be 10 years and will be permanent. 

Exceptionally, those who can reside in Spain after 01/01/2021, as children of British born as of this date or spouses of British residents with a relationship prior to 12/31/2020 who meet with him later will have a period of 3 months to request the document as from their arrival in Spain. 

2. British citizens with a residence certificate from the EU:

The regularization for this assumption begins on 6^th July 2020.

For those citizens who already have a residence certificate from the EU, three assumptions can be made:

1. Holder of a registration certificate that has not reached 5 years of residence in Spain:

The application form must be submitted providing the required documentation. The validity of the residence will be 5 years on a temporary basis.

2. Holder of a registration certificate that has reached 5 years of legal residence in Spain.

The application form must be submitted providing the required documentation. The validity of the residence will be 5 years on a temporary basis. 

3. Holder of a registration certificate that has exceeded 5 years of residence in Spain.

The application form must be submitted providing the required documentation. The validity of the residence will be 10 years on a permanent basis. 

3. Relatives of British citizens

Relatives are also beneficiaries of the withdrawal agreement and therefore have the right to obtain a residence document.

The beneficiary relatives are:

- Citizens of third countries in possession of a residence card of a relative of a citizen of the EU.

- Citizens who have resided in Spain before the end of the transitional period and continue to reside after this period.

- Citizens who have not resided in Spain before the end of the transitional period, because they have a direct relationship with a national of the United Kingdom before the end of the transitional period and, at the time they meet with him.

- Be a blood relative or adoptive descendant of a national of the United Kingdom and  the birth or adoption took place before or after the end of the transitional period in Spain or in a different place, provided that, at the time in which they meet him, they are relatives  and fulfill the following conditions:

• Both parents are nationals of the United Kingdom.

• One of the parents is a national of the United Kingdom and the other of Spanish nationality or one of the parents is a national of the United Kingdom and has the right of joined or exclusive custody of the minor.