Nicolás Emery visitó los estudios de Radio Calvià FM para responder a muchos de los interrogantes que está generando el BREXIT tanto para los empresarios baleares como para los numerosos ciudadanos británicos que son residentes en las islas o que son turistas asiduos o poseedores de una segunda residencia:
¿Qué implicaciones para empresarios de Baleares tiene el Brexit? ¿Puedo seguir contratando a ciudadanos del Reino Unido en mi empresa? ¿Tendrá el trabajador la consideración de no-comunitario)? ¿Qué pasa con la compra de mercancías procedentes del Reino Unido? ¿Hay que liquidar el IVA en la aduana? ¿Seguirá funcionando el método de inversión del sujeto pasivo? ¿Hay que pagar aranceles? ¿Qué ocurrirá con la prestación de servicios? serán operaciones intracomunitarias exentas? ¿Qué régimen será aplicable a los turistas del Reino Unido en sus visitas a España? ¿Podrán solicitar la devolución del IVA pagado por los productos adquiridos en los comercios locales en su estancia? ¿Qué ajustes tiene que hacer el proveedor en recargo de equivalencia que efectúa la devolución de cuotas al viajero? ¿Pueden los ciudadanos del Reino Unido seguir viajando con sólo el DNI o necesitarán pasaporte? ¿Qué ocurre con la Seguridad Social? ¿Y con la sanidad? ¿Y si son pensionistas?
There has been much news about the problems that Brexit is causing for some British citizens and, in particular, for the many expatriates living in Spain. The latest, echoed yesterday by the Evening Standard (see below), is about the difficulties of travelling from the UK to their places of residence in Spain. For this reason, we recommend that British people living in the Balearic Islands contact Moya & Emery to find out about the latest news, procedures and documentation necessary for their journeys or any other matter related to their residence in Spanish territory.
British expats have been reduced to tears after getting stuck in Heathrow, claiming that airlines have refused travel back to their Spanish homes post- Brexit.
One couple claimed they spent thousands on Covid-19 tests but airlines still rejected documents that before the Brexit transition period ended had been valid proof of the Britons’ status as residents in Spain.
Their ordeal comes amid heightened travel restrictions due to a coronavirus variant that has been blamed for faster contagion in the UK and highlights the bureaucratic complexities resulting from Britain’s departure from the 27-nation European Union.
Both Spanish and British authorities said on Sunday that the green-coloured certificate of EU citizenship with a foreign national identification number issued by Spain is still valid for British citizens residing in Spain under the bilateral provisions that followed the UK’s withdrawal from the trading bloc on December 31.
But the travelers say British Airways and Iberia have been refusing to let them board for the past two days.
The airlines, part of the IAG group, did not immediately respond to requests for comment.
Around 300,000 British citizens are registered as permanent residents in Spain, although before Brexit, many more had been living full or part-time in the country without officially registering.
Patricia Moody, a 69-year-old retiree who has called the southern Spanish town of Zurgena home for nearly four years, was among a group of at least nine people who say they were unable to board a Madrid-bound BA/Iberia flight from London’s Heathrow Airport on Saturday.
Ms Moody said she and her husband, who she says needs to see his doctor back in Spain, have spent £1,900 on getting tested for the virus, traveling to the airport and booking new tickets after they were refused boarding. Their second attempt was also futile.
“Throughout all the months of negotiating Brexit, we were always assured that nothing would change for us,” she said. Referring to the airlines and authorities in both countries, she added: “It’s horrendous and we are suffering because of their incompetence.”
Following the discovery of the coronavirus variant in the UK, Spain, like many other European nations, banned all travel from the British isles except for Spanish citizens and UK citizens with residency rights.
Spain has been rolling out a new system to register permanent foreign residents called TIE but it’s suffering a backlog due to the high number of requests.
Spain’s Ministry of Foreign Affairs said that under the circumstances both proofs of application for the TIE and the “green certificate” for EU citizens is still valid to travel for British residents under the new health restrictions in place until January 19.
“This should not be happening,” said the UK embassy in Spain in a Facebook post. “The Spanish authorities have today re-confirmed that the green residency document will be accepted for travel to return to Spain, as stated in our travel advice.”
The British Embassy in Spain added they were aware of Brits being barred from flights but had assurances from Spanish authorities that expats without the new Tie card would be able to travel in a seven day grace period from January 4.
But Sam Dakin, a 32-year-old English-language teacher based in Barcelona for the last four years, and his partner, who has been in the Spanish city for eight years, said they needed more assurances before they could rebook flights.
The couple had been blocked from flying Saturday morning despite carrying their certificate and then were refused boarding on another flight Saturday evening that British Airways had initially said they could take.
“Just because the government adviser said that we could travel, we don’t know whether that will happen when we turn up at the counters,” Dakin said. “We just don’t know where we’re going to get answers.”
Questions for family members, third-country Nationals, of a UK National
I already have my residence document
GENERAL QUESTIONS
What is Brexit?
Brexit is the name given to the process of departure of
the United Kingdom of Great Britain and Northern Ireland (hereinafter “United
Kingdom”) from the European Union and the European Atomic Energy Community
(hereinafter referred to as “EU”).
The UK’s exit from the EU took place on 31 January 2020
and the terms of the departure are defined in the Agreement
on the withdrawal of the United Kingdom from the EU negotiated by
both parties (hereinafter Withdrawal Agreement). The Withdrawal Agreement
entered into force on 1 February 2020 and provides for an orderly departure of
the UK from the EU.
To this end, the Withdrawal Agreement foresees a
transition or implementation period which expires on 31 December 2020.
Residence rights are regulated in Title II of the Withdrawal Agreement.
What do I have to do to be recognised as a beneficiary of
the Withdrawal Agreement in Spain?
To address the documentation process, the Withdrawal Agreement offers two possibilities:
(1) lay down a procedure of a constituent nature, in which a new residence status must be applied for in the host State (Article 18.1);
(2) Not to
apply this procedure meaning that UK nationals will not have to ask for a new residence status
as a condition for legal residence. In this case, those eligible for residence rights
under the Withdrawal Agreement shall have the right to receive a residence
document expressly identifying them as beneficiaries of the Agreement (18.4).
Spain has opted for this second option and it is therefore not mandatory to apply for a new residence document.
It should be kept in mind that registration certificates
and residence card to family members of a Union citizen obtained
before the end of the transition
period will serve to prove their legal residence in Spain afterwards and to
benefit from the provisions of the Withdrawal Agreement. However, as from
6 July, you may apply for the issuance of a residence document explicitly
mentioning your status as beneficiary of the Withdrawal Agreement.
For those arriving in Spain after 6 July and in order to
avoid double requests (certificate
of registration of a citizen of the EU and residence document) a procedure for issuing residence documents under the Agreement during
the transition period has been designed. Once this procedure is operational (6 July), applications for
registration certificates or residence cards for the family member of the Union
citizen submitted by the beneficiaries of the Agreement shall be processed as
applications for the residence document referred to in Article 18.4 of the Agreement.
What will be my situation during the transition period?
The Withdrawal Agreement provides a transition period until 31 December 2020.
During this transition period, United Kingdom nationals and their family members who are nationals of third countries residing in Spain shall maintain their rights arising from the application of EU law.
After the end of the transition period, the Withdrawal
Agreement sets out that their rights of residence, work, studies and social
security will be maintained.
It should be kept in mind that registration certificates and residence card to family members of a Union citizen obtained before the end of the transition period will serve to prove legal residence in Spain afterwards and to benefit from the provisions of the Withdrawal Agreement. However, as from 6 July, you may apply for the issuance of a residence document explicitly mentioning your status as beneficiary of the Withdrawal Agreement.
Having a certificate of registration in force is a
guarantee of your rights as a resident in Spain.
You can consult this European Commission document
containing questions and answers on who benefits from the Withdrawal Agreement
and what their rights are.
Who is covered by the Withdrawal Agreement?
The Withdrawal Agreement protects United Kingdom
nationals residing in Spain at the end of the transition period, as well as
their third-country relatives, being members of the family before the end of
the transition period (except for future children) (see question 3.3).
What are the advantages of being recognised as a
beneficiary of the Withdrawal Agreement?
Both Brexit and the Withdrawal Agreement make it necessary to know which UK nationals reside in Spain before
the end of the transition period and which ones arrive after that date.
This is because the former, those who reside in Spain
before 31 December 2020, will have the rights of residence, free movement and
social security recognised by the Withdrawal Agreement. While those who arrive after that date will have different rights,
either those that recognise the future relationship between the EU and the
United Kingdom, or, in its absence, those recognised by Spanish law.
I have a registration certificate, can I still reside in
Spain?
Yes, you can continue to reside in Spain. In addition,
you and your family members may apply as from 6 July 2020 for the issuance of a
residence document explicitly mentioning your status as beneficiary of the Withdrawal Agreement, which will
facilitate both administrative formalities and the crossing of the external border.
What is my situation if I arrive
in Spain after the date of withdrawal (31 January 2020) and in the
middle of the transition period (1 February 2020-31 December 2020)? What do I
have to do?
The Withdrawal Agreement provides a transition period
until 31 December 2020.
As from 6 July, the procedure for obtaining the residence
document of Article 18.4 of the Agreement will be enabled. Therefore, if you
arrive from that date on, you must apply directly for the residence document at
the Inmigration Offices of the province
in which you reside. It will be verified that you meet the same requirements
demanded for obtaining the Union
citizen registration certificate. Once this residence document has been
obtained, it will be issued (in format Foreigner’s IdentityCard (TIE)) which
will explicitly mention your status as beneficiary of the Withdrawal Agreement.
If you have already obtained Spanish nationality you
will not need to do any formalities.
Will United Kingdom nationals residing in Spain obtain a
work permit to continue their professional activity in Spain?
No. The Withdrawal Agreement protects the rights of EU citizens
and British nationals, as
well as their respective relatives, to continue to live, work or study as they
do today and under the same essential conditions as under Union law. As a result, you will be able to continue working
as before without any additional permission.
Family members of a UK national, third-country nationals, resident
in Spain, do they have a special status?
Family members will maintain their family status throughout the transition period and thereafter.
I tried to get an appointment to get the residence
document, but there are no appointments available online, what can I do?
Due to the various phases associated with the Plan for
the Transition to a New Normality after the COVID crisis19, the number of
available appointments is gradually expanding.
Remember that, if you did not have a previous registration certificate or a Union citizen’s family card, the procedure may be requested here.
What will my situation be if I arrive in Spain after 1
January 2021? What foreign legislation applies to me?
Unless covered by the subjective scope of the Withdrawal Agreement , United Kingdom nationals entering Spain after 1 January 2021 shall be considered as third-country nationals. Therefore, the general immigration regime will apply to them, unless a future mobility scheme is negotiated within the framework of the future relationship being negotiated between the UK and the EU.
If I am a beneficiary of the Withdrawal Agreement, I am
in possession of a residence document issued on the basis of that agreement and
want to move to reside in another EU country,
can I do so?
The Withdrawal Agreement recognises the right to reside
in the host country, however future mobility will be subject to negotiations
within the framework of the future relationship between the UK and the EU.
Should there be a lack of agreement in this matter:
For short stays: the rules for short stays within the Schengen area
apply
For stays longer than 3 months, the national legislation
of each EEA shall apply.
If I have doubts, where can I get more information ?
In order to obtain the residence document, you must
request a prior appointment and submit your application personally to the
police establishments. The certificate will be replaced by the new residence
document that will be given to you within the time indicated by the office that
processed the card.
→ choose provincia→ trámites cuerpo nacional de policía(if it is posible tochoose) → choose Policia Exp tarjeta asociada al Acuerdo de retiradaciudadanos británicos y sus familiares.
Should I request it before 31 December 2020?
The procedure shall be operational from 6 July 2020, the date on which you may obtain a prior appointment to request the issue of this document.
Applications for the replacement of the registration certificate already in your possession may be raised at any time, including once the transition period is over.
2) I DON’T HAVE A REGISTRATION CERTIFICATE
Can I continue to reside in Spain?
Yes, but in order to facilitate administrative arrangements and
border crossings and your recognition as a beneficiary of the Withdrawal
Agreement, it is appropriate that you are in possession of the residence
document. It is recalled that, as from 6 July, in order to avoid double
requests, registration certificates will no longer be issued to United Kingdom
nationals and applications for such certificates will be understood and processed
as applications for the residence document.
If I arrive in Spain after 6 July and before the end of
the transition period, can I continue to apply for the EU registration
certificate? Or should I apply directly for this new residence document?
To avoid double requests, a system has been set up in which
applications for registration certificates will be understood and processed as
applications for this residence document identifying them as beneficiaries of
the Withdrawal Agreement.
How
do I get the residence document?
In order to obtain the residence document, you may have access to the new procedure established for this purpose by personally presenting the application, you or your representative, at the Immigration Office of the province (Oficina de Extranjería) in which you reside, or electronically.
Among
other requirements, you must prove that you resided in Spain before the end of
the transition period (e.g. through your registration certificate, rental
contracts, property ownership, employment contract, registration at a school).
This element will be more important if your application is submitted after the
transition period.
The
procedures are as follows:
first
You shall apply for the residence document at the Immigration Office of the province (Oficina de Extranjería) where you reside or will establish your residence. You can request it in person at the office (personally or through a representative) but you must obtain a prior appointment. Go here→ choose provincia → trámites oficinas deextranjería (if it is posible to choose) → Trámite para la documentación de nacionales de Reino Unido (Brexit)
And you may also request it electronically. → click “continuar”
→ choose provincia and how you are requesting (for example:
acceso individual) → click “continuar
nueva solicitud” → choose “EX20 – Documento de residencia
Artículo 50 TUE para nacionales
del Reino Unido (emitido de conformidad con el artículo 18.4 del Acuerdo de
retirada).
Second
Once granted, you must request its dispatch to the appropriate police unit. This procedure is face-to-face and personal.
To request your prior appointment: https://sede.administracionespublicas.gob.es/icpplus/index.html → choose provincia → trámites cuerpo nacional de policía (if it is posible to choose) → choose Policia Exp tarjeta asociada al Acuerdo de retirada ciudadanos británicos y sus familiares.
Should I request it within a maximum period of time?
The deadline for submitting the application will be 3 months from
your arrival in Spain.
How long will it take to get the residence document?
The deadline for deciding on your concession is three months.
And after that, you must request its dispatch within
one month of notification.
Can I apply for a residence document at any Immigration
office?
The application for the residence document must be made
to the Immigration Office of the province (Oficina de Extranjería) in which you
reside or where you are planning to establish your residence. Remember that you
can make the request electronically.
Can another person file the residence document
application in my place?
Requests to
Immigration offices may be made by a duly accredited representative.
On the other hand, the application for the issuance of the residence document (the physical card) to the police units must be made personally by the person concerned. Similarly, the collection must be carried out by the person concerned and presenting a valid and current passport.
INFORMATION ON DOCUMENTATION AND PROCEDURE
Should the required documents be originals or copies
(compulsed)?
The documents must be original.
If you apply electronically for the residence document
(procedure to be authorised for those who have not obtained a prior
registration certificate) you will provide
copies of it. It is recalled that an electronic signature system
must be in place in order to make the electronic application.
Is it necessary for me to prove my income?
Proof of sufficient income will only be required
if you do not have a previous registration certificate and do
not perform a professional or work activity in Spain.
Is it necessary for you to provide a criminal record
certificate?
You must not provide it together with your request.
However, the competent authority may verify the existence of a criminal record
and, where appropriate, refuse documentation on this ground considering it
would affect public policy.
If I arrive in Spain after 6 July, I
must request the document within 3 months of the entry date, what happens if I
submit the request later?
A sufficient additional time limit will be granted only
if sufficiently serious reasons (e.g. serious illness) are established. These
cases will be assessed individually by the Immigration Office.
While I get the new residence document, can I continue
working or studying in Spain?
Yes, I can.
What will be the cost of the new residence document?
The card fee must be paid, which
can be found on the website of the Ministry of the Interior.
During the procedure, will I be able to access the
processing status?
Yes, and if it is necessary to provide any additional documentation, it will be the administration itself that will contact you electronically or at your postal address. If you have provided an e-mail for notification purposes, please be aware of it.
What happens if an application is rejected? What will be
the deadlines for filing an appeal?
If your application is rejected, you may
file a complaint through administrative channels. The decision itself will tell
you the formalities relating to the appeal, deadlines, and to whom you must submit it. After this analysis in administrative proceedings, you will be able to go to court.
Have I been residing in Spain for more than 5 years, will
I be able to maintain or have access to permanent residence?
Yes, you will. However, obtaining a permanent residence document will require a procedure before the police unit (if you already have a temporary or permanent registration certificate) or taking two steps (if there is no registration certificate) at the Immigration Office and the police unit. Remember that procedures with Immigration offices (Oficinas de Extranjería) can be done electronically. Periods of residence prior to departure from the United Kingdom from the EU shall be taken into consideration.
QUESTIONS FOR FAMILY MEMBERS, THIRD-COUNTRY NATIONALS, OF A UK NATIONAL
Do family members of a United Kingdom national, third-country nationals, resident in Spain, have a special status?
Family members are beneficiaries of the Withdrawal Agreement and are therefore entitled to obtain the residence document under article 18.4.
If they are in possession of a residence card for a
family member of the EU citizen, they may apply to the police authorities for
it to be replaced by the residence document.
If, on the other hand, they do not have a family
member’s card of a citizen of the Union or have had it, but they have been
resident in Spain for more than five years without having
access to the permanent card, they may apply
to the Immigration office (Oficina
de Extranjería) in the province
where they reside for the
residence document, which will be
assessed individually and which, if resolved positively, will allow them to
request the issuance of the document.
What are the conditions for members of the UK family?
Family members of United Kingdom
nationals shall be beneficiaries provided that they satisfy one of the
following conditions:
Have resided in Spain before the end of the transition period and continue to reside here after this period;
Have not resided in Spain before the end of the transition period, but have a direct link with a national of the United Kingdom before the end of the transition period and, at the time when they are to be reunited with them, (e.g. with regard to spouses, dependent ascendants.
To be a first-degree consanguineous or adoptive descendant of a national of the United Kingdom and that the birth or adoption took place before or after the end of the transition period, in Spain or in a different place, provided that, at the time they are reunited with him, they are members of the nuclear or direct family as described in question 3.3 and meet one of 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 joint or exclusive custody of the child.
Family members who have resided in Spain in accordance with Articles 12 and 13, Article 16(2) and Articles 17 and 18 of Directive 2004/38/EC before the end of the transition period and who continue to reside there after that period.
Who are considered family members?
According to the definitions of the Withdrawal
Agreement, both the so- called nuclear
family and the so-called extended family should be taken into
account provided that the family relationship (marriage, registered partner,
long-term relationship, etc.) has been established before the end of the
transition period and is maintained when the right of residence is to be
exercised.
It is considered nuclear family as set out in the Withdrawal
Agreement:
The spouse
The partner with whom the UK citizen is in a union analogous to a conjugal union entered in a public register established for that purpose in a Member State of the European Union or in a State party to the European Economic Area, provided that such entry has not been cancelled.
Their direct descendants, and those of their spouse or registered partner
Their direct ascendants, and those of their spouse or registered partner living in their care
It will also apply to the extended
family, in the framework of the withdrawal agreement as follows:
Another member of the family, regardless of nationality, who does not fall within the above definitions and who, in the country of origin, is dependent on or lives with the EU citizen who has the right of residence on a principal basis, or where, for serious health reasons, it is strictly necessary for the citizen of the EU to take care of the family member’s personal care;
The couple with whom the citizen of the Union has a stable relationship, duly proven.
However, this will apply to members of the extended family whose application for entry and residence under the Withdrawal Agreement was submitted before the end of the transition period and whose procedure is pending after the transition period.
Are there other cases where other people can enjoy the
right of residence, for example, to care for a minor EU citizen?
Yes, there are. In addition,
Article 9(a)(ii) of the Withdrawal Agreement goes beyond the reference to persons actually
caring for another
person (such as a parent caring for a minor) and is
worded more openly, to allow its application also to persons other than those
actually caring for another person (e.g. also minor siblings who are actually
cared for by the same person or persons as the minor EU citizen).
Can future family members benefit from the Withdrawal
Agreement?
Future family members do not have residence rights under the Withdrawal Agreement, with the sole exception of future children (born or legally adopted by European Union citizens or UK nationals).
I HAVE A RESIDENCE CARD TO FAMILY MEMBERS OF A UNION CITIZEN
How do I get the residence document?
In order to
obtain the residence document, you must request a prior appointment and submit
your application personally to the police establishments. Your temporary or
permanent residence card to family members of a Union citizen shall be replaced
by the new residence document
which will be given to you within a period specified by the office that processed the card.
If
you have a temporary residence card to family members of a Union citizen, but
have already reached 5 years of residence in Spain, you will be able to access the new procedure established for
this purpose, by personally submitting the application, you or your
representative, at the Immigration office
of the province in which you reside
(Oficina de Extranjería), or electronically.
The procedures are as follows:
FIRST
You shall apply for the residence document at the Immigration office of the province where you reside or are going to establish your residence. You can request it in person at the office (personally or through a representative) but you must obtain a prior appointment. Go here →choose provincia →trámites oficinas de extranjería (if it is posible to choose) → Trámite documentación nacionales terceros países familiares de nacionales de Reino Unido (Brexit)
—or electronically. →click “continuar” → choose provincia and how you are requesting (for example: acceso individual) → click “continuar nueva solicitud” → choose ““EX21 – Documento de residencia Artículo 50 TUEpara familiares de nacionales del Reino Unido (emitido de conformidad con el artículo 18.4 del Acuerdo de retirada)”
SECOND
Once granted, you must request its dispatch to the appropriate police unit. This procedure is face-to-face and personal.
To request your prior appointment: https://sede.administracionespublicas.gob.es/icpplus/index.html→choose provincia →trámites cuerpo nacional de policía (if it is posible to choose) →choose Policia Exp tarjeta asociada al Acuerdo de retirada ciudadanos británicos y sus familiares.
Should I request it before 31 December 2020?
The procedure will be operational from 6 July 2020, when an
appointment can be made for the issue of this document.
Applications for the replacement of the residence card to family
members of a Union citizen that you already hold may be raised at any time, including at the end of the transition period.
Remember, however, that your residence card to family members of a Union citizen will remain valid until it expires and serves to prove your legal residence in Spain after the end of the transition period and therefore benefit from the provisions of the Withdrawal Agreement. Therefore, please apply for this residence document when your card is about to expire.
I DON’T HAVE A RESIDENCE CARD TO FAMILY MEMBERS OF A UNION CITIZEN
If I arrive in Spain after 6 July and before the end of
the transition period, can I continue by applying for the residence card to
family members of a Union citizen?
Or should I apply directly
for this new residence document?
To avoid double
requests, a system
has been deployed
in which applications for residence card to family
members of a Union citizen for beneficiaries of the Withdrawal Agreement will
be understood and processed as applications for this residence document
identifying them as beneficiaries of the
Agreement.
How do I get the residence document?
To obtain the residence document, you can access the new
procedure established for this purpose, personally presenting the application,
you or your representative, at the Immigration office (Oficina de Extranjería) of the
province in which you reside, or electronically
The procedures are as follows:
FIRST
You shall apply for the residence document at the Immigration office of the province where you reside or are going to establish your residence.
You can request it in person at the office (personally or
through a representative) but you must obtain a prior appointment. Go here →choose provincia →trámites
oficinas de extranjería (if it is posible to choose) → Trámite documentación
nacionales terceros países familiares de nacionales de Reino Unido (Brexit)
or electronically. → click “continuar” → choose provincia and how you are requesting (for example: acceso individual) → click “continuar nueva solicitud” → choose ““EX21 – Documento de residencia Artículo 50 TUE para familiares de nacionales del Reino Unido (emitido de conformidad con el artículo 18.4 del Acuerdo de retirada)”
SECOND
Once granted, you must request its dispatch to the appropriate police unit. This procedure is face-to-face and personal.
To request your prior appointment: https://sede.administracionespublicas.gob.es/icpplus/index.html →choose provincia → trámites Cuerpo Nacional de Policía (if it is posible to choose) → choose Policia Exp tarjeta asociada al Acuerdo de retirada ciudadanos británicos y sus familiares.
Should I request it within a maximum period of time?
If you arrive from July 6, the deadline for submitting
the application will be 3 months from your arrival in Spain.
A sufficient additional time limit will be granted only
if sufficiently serious reasons (e.g. serious illness) are established. These
cases will be assessed individually by the foreign office.
How long will it take to get the residence document?
The deadline for deciding on your concession is three months.
And after that, it must request its dispatch within
one month of notification.
Can I apply for a residence document at any foreigner’s
office?
The application for the residence document must be made
to the Immigration Office of the province (Oficina de Extranjería) in which you
reside or where you are to establish your residence. Remember
that you can make the request electronically.
Can another person file the residence document
application in my place?
Requests to foreign offices may be made by a duly accredited representative.
On the other hand, the application for the issuance of the residence document (the physical card) to the police units must be made personally by the person concerned. Similarly, the collection of the same must be carried out by the interested party himself.
I ALREADY HAVE MY RESIDENCE DOCUMENT
Where can I renew the residence document that identifies
me as a beneficiary of the Withdrawal Agreement?
Residence documents that identify you as a beneficiary
of the Withdrawal Agreement may be renewed before the police units authorised
to do so when they have expired.
When should I renew the residence document that
identifies me as a beneficiary of the Withdrawal Agreement?
The residence document of beneficiary of the Agreement
must be renewed 30 days before the document
expires or within
90 days of the expiry date of the Agreement.
How long can I renew the residence document?
In cases where a temporary residence document is in
possession, a residence document shall be issued for 10 years, automatically
renewable every 10 years, and the term “Permanent” shall be entered in the
field corresponding to the Permission Type.
In cases where the person concerned holds a permanent
residence document, a residence
document shall be issued for 10 years,
automatically renewable every 10 years. Failure
to submit an application for renewal of the
residence document within the time limits laid down in paragraph 2 shall in no
case entail a loss of the right of permanent
residence.
What documentation do I have to provide?
Application form EX23.
Passport in force or copy of expired. If the passport is expired, a copy of the passport and the renewal application must be provided.
Proof-of-charge form (Model 790. Code 012). The paragraph “Certificate of Community resident registration or residence card of a family member of a Union citizen” should be marked.
1 photograph according to the requirements established in the regulations on national identity document.
Once I have a temporary residence document that
identifies me as a beneficiary of the Withdrawal Agreement, I have reached 5
years of legal residence in Spain before the document expires. Can I apply for
the permanent residence document?
Yes. Those
persons who have reached 5 years of legal residence in Spain may access
permanent residence (as established in Article 15 of the Withdrawal Agreement)
before the validity of the residence document issued expires.
If you started with a registration certificate or family
member card of a Union citizen, you
may request theissuance of a new residence
document from the police departments that are authorized to
issue it after verifying the duration of residence.
If, on the other hand, you did not have such a previous
certificate or card, the application will be addressed to the Immigration
office in the place where you reside (Oficina
de Extranjería), which, after assessing the application and if it is
approved, will allow you to apply for the issue of the document.
This new residence document will be valid for 10 years
and the term “Permanent” will be entered in the field corresponding to the Type of Permit.
