EU FACTSHEET–Q&A: UK Nationals’ Residence Rights in Spain After a “NO DEAL” Brexit

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Member States have prepared or adopted national contingency measures to ensure that UK nationals and their non-EU family members could remain legally resident in the immediate period after a no-deal withdrawal. To provide further clarity on the situation, the Commission, based on the information provided by the EU27 Member States, makes available an overview table and a Q&A on UK nationals’ residency rights in each of the EU27 Member States.

Please note that the information provided does not reflect the official opinion of the Commission. Responsibility for the information and views expressed therein lies entirely with the relevant national authorities of the Member States who are the first contact point for UK nationals. Please also note that the situation keeps evolving, so check regularly for the latest information and news at the listed national websites.

The Commission will continue to update the information on this webpage with the latest input from the EU27 Member States.

https://ec.europa.eu/info/brexit/brexit-preparedness/citizens-rights_en#spain

 

Q&A ON RESIDENCY RIGHTS: SPAIN

I am a UK national living in Spain. In case of a no-deal scenario, what should I do to keep my residence rights after Brexit date? When should I do it?

Spain will protect your residence rights through transitional measures that will be applicable for a 21 months grace period starting on the day of withdrawal with no agreement. You will need to have a residence document to prove these rights after the grace period.

a) If you already have a residence document issued under EU free movement law, this will be considered as your temporary residence permit until the end of the 21 months grace period. By this moment, you will have to apply for a new residence permit, according to the specific ad hoc regime approved. In this specific case, your registration certificate will automatically be replaced by a residence document for third country nationals at the policia nacional offices.

b) If you do not have a residence document issued under EU free movement law, you will have to apply for a residence permit. Applications are possible as from the day after of a no deal withdrawal with the Oficinas de Extranjería (Inmigration offices) For information on the application process, please visit this website:  https://www.lamoncloa.gob.es/brexit/Paginas/index.aspx and http://www.mitramiss.gob.es/es/brexit/index.htm

c) You will NOT receive a letter from the national administration informing on your situation. This letter will NOT be considered as your temporary residence permit. During this transitional period of 21 month starting the day after a no deal withdrawal you will have to apply for a new residence permit, according to the  new specific rules that have been already published in the Spanish official diary. See:    https://www.boe.es/eli/es/rdl/2019/03/01/5/dof/spa/pdf  and  https://www.boe.es/boe/dias/2019/03/26/pdfs/BOE-A-2019-4356.pdf)

What will my rights be?   

With your temporary residence permit, you will keep most of the rights you had as an EU citizen. This means you will be able to continue to reside in the territory of Spain to work, to look for a job, or to study.

How can I travel to other Member States or cross the EU external borders?   

You will have to carry your passport and your temporary residence permit.

I have resided in Spain for more than five years. How can I obtain EU long-term residence status?   

After Brexit date, your will keep your rights during the transition period of 21 months starting on the day after a no deal withdrawal, but you can already apply in parallel for an EU long-term residence permit. This permit will grant you a permanent status, and allow you to enjoy the same treatment as nationals regarding access to employment, education, and core social benefits. This will also allow you, under certain conditions, to acquire the right to reside in another EU Member State. For more information on how to apply for an EU long-term residence permit, please visit this website:

https://www.lamoncloa.gob.es/brexit/Paginas/index.aspxhttp://www.mitramiss.gob.es/es/brexit/index.htm

If you have residing in Spain for more than 5 years, you can also apply for a national permanent residence. In cases where you have a permanent registration certificate, a national permanent residence will be issued at the policia nacional premises.

My family members (spouse, children) are citizens of a third country (neither EU nor UK). What should they do to keep their residence rights?

a) If they already have a residence card issued under EU free movement law, this will be considered as their temporary residence permit until the end of the 21 months grace period. During this grace period, they will have to apply for a new residence permit, according to the ad hoc law approved.

b) If they do not have a residence card, they will have to apply for a residence permit. Applications are possible as from the day after the 21 months grace period with the Oficinas de Extranjería (Inmigration offices). For information on the application process, please visit this website:

https://www.lamoncloa.gob.es/brexit/Paginas/index.aspxhttp://www.mitramiss.gob.es/es/brexit/index.htm

For more detailed information
Please visit the Spanish government website:
https://www.lamoncloa.gob.es/brexit/Paginas/index.aspxandhttp://www.mitramiss.gob.es/es/brexit/index.htm

Related post: WHAT BRITS SHOULD DO ABOUT SPANISH RESIDENCY WHEN THE UK LEAVES THE EU

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Featured image/Anthony Hollingworth, CC BY-SA2.0