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Practical questions for UK citizens after Brexit in Spain

Practical questions for UK citizens after Brexit in Spain. During the transitional period of departure of the United Kingdom of Great Britain and Northern Ireland from the European Union – hereinafter the United Kingdom – ending on the 31st December 2020, UK citizens residing in Spain must obtain a “new” documentation in order to retain their residence rights. In this post we outline how to keep your acquired rights and what you have to do it if you want to live or work in Spain before the end of this year.

After this date, these applications for residence permits in our country will be processed under the procedure that is followed for members of third countries which are not members of the E.U. 

Process

The guidelines for this process are set out in the Resolution of 2 July 2020 published in the BOE, which summary would be as follows:

  • UK citizens with a Certificate of Registration and family members with a Community family residence card. They will be subject to a “redemption” by granting them a new document. This “redemption” can be requested until December 31 but also after this date.
  • UK citizens without a Certificate of Registration and family members without a Community family member’s residence card who prove their residence in Spain. They must apply for their new document before the 31st December, 2020 electronically if they have an electronic signature. If they do not have it, they can apply for it with the help of a duly accredited representative in Spain.
  • New UK Citizens who wish to live in Spain and their families, members of non-EU third countries, have to apply for the new residence document electronically before the 31st December, 2020.
  • UK students should also be documented according to the same guidelines.

Unless they have a valid U.E. Certificate or Community Family Card, they will be found to meet the same requirements as are required to obtain such U.E. certificate and community family member card.

In all cases an administrative fee must be paid. 

Bear in mind that if any application is rejected, an administrative appeal may be filed. If the administrative decision is negative, a judicial procedure may be brought. 

By Mayra C. Rubio Espíritu