BREXIT - Let's talk about your new ID!

As you already know, on January 31, 2020 United Kingdom ceased to belong to the European Union.  This situation is regulated by the Withdrawal Agreement which came into force on 1st February 2020.

However, this Agreement sets a transitional period until 31st December 2020 and during this time, the EU Law will still be applicable. Accordingly, all citizen rights (and obligations) will remain the same as if the UK were still a member of the European Union.

Notwithstanding, the Spanish Authorities just published the Official Guidelines to rule the issuance of the new residence documents for UK nationals in Spain after Brexit. It is applicable from 6th July and this new residency status sits in between the standard EU citizens status and the non-EU citizens status and it will have its own terms and conditions, in particular regarding the duration of the residency cards and notably the introduction of a photo on the card. 

These are the most important points to consider:

• UK nationals will be able to enjoy their rights of free movement in Spain until the end of 2020 (as if they still were EU nationals). But those who arrive after the end of the transitional period and are not included in it, will be considered as nationals of third countries and will be subject to the General Laws of Immigration (as any other third country, let's say USA).

• Nationals of the United Kingdom and the members of their families who already reside in Spain in accordance with the conditions established in the Agreement will not have to request a new resident status or undergo into a new documentation process, but will be entitled to receive a card that expressly states their status as beneficiaries of the rights contained in the Withdrawal Agreement.

The Guideline Document refers to various procedures depending on the situation or status of the applicants:

• Applicants who do not have already a residency certificate will submit their applications initially at the Foreigners Office and once approved, they will need to request the issuance of their five-year validity cards at the police station.

• Applicants who have been residents for a period under five years but do have a residency certificate, will submit their applications at the police station, receiving a ‘temporary’ five-year residency card.

• Applicants who have been residents for a period under five years but do have a residency certificate, will submit their applications at the police station, receiving a ‘temporary’ five-year residency card.

• Applicants who have been residents for a period above five years but do not have a permanent residency certificate, will submit their applications at the police station, receiving a permanent 10-year residency card.

• Applicants who have been residents for a period above five years and do have a permanent residency certificate, will submit their applications at the police station, receiving a permanent 10-year residency card.

After the end date of this transition period (December 31, 2020), UK nationals arriving in Spain will have three extra months to apply for this kind of residency as well. Moreover, the authorities also reserved their right to extend this period if necessary. 

If you need legal advice about this, do not hesitate to contact us!

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