As it is common knowledge, last January 31, 2020, the United Kingdom left the European Union, given a transition period that will finish next December 31, 2020, under Agreement on the withdrawal of United Kingdom of Great Britain and Northern Ireland from the European Union.
Last July 4, 2020, in turn, an Instruction prepared by the General Directorate of Migrations and the General Directorate of the Police was published. This document establishes the basis of the procedure to be followed to get the residence document for British citizen who have fixed their residence in the Spanish territory in accordance with Article 18.4 of the aforementioned Withdrawal Agreement and its requirements. We will then try to answer the questions that might rise in relation with this Instruction.
If I have the European Union citizen registration certificate, will it still be valid after the end of the transition period?
- The registration certificates (commonly called “green cards” or “tarjetas verdes”), that British citizens have obtained before the beginning of the transition period, will continue to be valid and sufficient to prove the legal stay in Spain, although the possibility of requesting the residence document is considered, that is, the EU citizen registration certificate can be changed for the residence document.
In which cases can the change from this certificate to the residence permit can be requested?
- Several assumptions are foreseen:
- British citizens who have an EU registration certificate and who have not reached 5 years of legal residence in Spain.
They can apply, before the Police, for the residence document which will have 5 years-validity.
- British citizens who have an EU registration certificate and who have reached 5 years of legal residence in Spain.
They can apply, before the Police, for the residence document which will have 10 years-validity. In this case, the residence will have consideration of permanent residence.
- British citizens who have the permanent EU registration certificate.
They can apply, before the Police, for the document of permanent residence, which will have 10 years-validity.
If I do not have the registration certificate, do I have to apply for the residence document?
- British citizens who do not have an EU registration certificate, must apply for the residence document, either at the Foreigners’ office of the province in which they live, or electronically. This document which will have a 5 years-validity.
Given that after the end of the transition period the United Kingdom will have the status of a third country, outside the EU, if the residence document is not obtained, there is a risk of being in an irregular situation.
Does it apply to relatives of British citizens?
- The scope of the Instruction includes both, the interested parties and their relatives, who may also request the residence document.
If I plan to enter Spain after the transition period, what period do I have to regularize my situation?
- Those citizens who plan to enter Spain once the transition period ends, that is, from January 1, 2021, will have a period of three months to request the residence document.
From NBA Consulting we advise you to consult a lawyer specializing in this area in order to analyze each case, and manage and process the residence permit.