Residency in Spain for British nationals after Brexit

As of the date of publication of this article, we still don’t know how Brexit is going to end up. We don’t know if the UK is going to leave the EU with a deal or not. If it leaves with a deal, what is written in the Withdrawal Agreement and further agreements will be applied. In the eventuality of the British Parliament not passing the deal (it has already been rejected three times and it doesn’t seem likely that it’s going to pass with the current wording), the EU and member states are adopting measures to minimise the impact of a no-deal Brexit on the economy and people’s lives.

In this article, I’m going to review the measures that will be taken by the Spanish Government in the case of a no-deal Brexit scenario and how they affect the residency of British citizens already living in Spain and their families.

Entry into force

These measures will enter into force whenever the UK leaves the EU without a deal. This is scheduled to happen on the 31st of October 2019, but we still don’t know if more extensions to the departure date will be granted.

As regards the validity and the enforcement of the new measures, we have to distinguish between two kinds of measures:

Type 1. Those that will come into force in any case (no matter if the UK passes similar measures for Spanish companies and citizens in the UK or not).

Type 2. Those that depend on the UK passing reciprocal measures, that is: measures that will benefit Spanish companies and citizens in the UK the same way the Spanish Government will benefit British citizens in Spain.

Among the non-reciprocal measures, we can find the residency rules and its duration; and among the reciprocal measures, we find those regulating access to the healthcare system and the cross-border workers framework. All this means that some of the new measures may get “frozen” despite having entered into force.

Tarjeta de Identidad de Extranjero (TIE) for British citizens and their families

After Brexit, the UK will become a “third country”, and that means that the “special” treatment immigration wise that UK citizens have been receiving so far will end. However, given the particular situation of many British citizens in Spain, they won’t pass directly to the general regime for immigrants, but to a special authorisation for British people and their families.

This special authorisation is the Tarjeta de Identidad de Extranjero for UK nationals and their families. I will now answer some of the most frequently asked questions about this card.

• Is it compulsory to apply for it?
  Yes, if you want to live in Spain after Brexit.
• Who has to apply for it?
  Every British citizen and their families when they have been living in Spain since before Brexit.
• How long do I have to apply for the TIE?
  21 months from Brexit date. That means you have up to the 31st of July 2021 to submit your application, assuming there are no more extensions to the Brexit date.
• Will my residency continue to be legal until I apply for the TIE?
  Yes, up to the 31st of July 2021 your residency will continue to be legal.

Next, you will find the procedure you will have to follow to get your TIE depending on your particular situation.

British national

The paperwork you will have to do will be very different depending on if you have lived in Spain since before or after Brexit. You should know that everything will be a lot easier if you have already had residency before Brexit.

Situation of a British citizen that has a green card or residency certificate (Certificado de registro UE)

In this case, your certificate will be substituted for the new TIE, which will be long-term if you have been living in Spain for more than 5 years or you already possess a permanent certificate.

When you have a temporary green card or residency certificate

British citizen that has had their residency/green card for less than 5 years

If you have obtained your green card before Brexit date, that means you are already registered in the “Registro Central de Extranjeros” as an EU citizen and that you have legal residence in Spain. If this is your situation, your legal residence will continue to be valid 21 more months from the Brexit date, that is: your residence will be valid up to the 31st of July 2021, assuming there are no more extensions to the Brexit date. During this time you will have to apply for a new identification card, the “Tarjeta de Identidad de Extranjero” or “TIE” for UK citizens, which will substitute the green card.

The new card will have a validity period of up to 5 years, depending on when you got your green card. This way the new TIE for EU citizens will last the same amount of time you need to complete 5 years living legally in Spain (counting from the date of issue of your green card). E.g. If you got your green card in January 2018, your new card will be valid up to January 2023. After which, you can apply for long-term residency.

British citizen that has had their residency/green card for more than 5 years

You will also have to apply for the TIE but, in this case, you can apply directly for long-term residency.

You will have until the 31st of July 2021 to apply for it. During this time your current residency will continue to be legal.

When you have a permanent green card or residency certificate

You must apply for the long-term residency TIE. The deadline to do this will be the 31st of July 2021, assuming there are no more extensions to the Brexit date. Up to that moment, you will continue living legally in Spain.

Situation of a British citizen that doesn’t have a green card or residency certificate (Certificado de registro UE)

It is very important that you have been living in Spain since before Brexit and that you can prove it.

British citizen without residency that has been living in Spain since before Brexit

And can prove it

You will have up to the 31st July 2021 to apply for an authorisation to live and work in Spain and, if the authorisation is granted, you will have another month to apply for the “Tarjeta de Identidad de Extranjero (TIE) for UK nationals. Up to the 31st of July 2021, your residency will continue to be legal, but you will have nothing to prove it. You will be able to prove your status once you have applied for the authorization, with the stamped copy of the application.

The new card will have a validity of up to 5 years, depending on when you started to live in Spain. The validity period will be the same as the time left to 5 years of you living in Spain, counting from the moment that you can prove that you started to live in Spain. E.g. If you have evidence that you started to live in Spain in October 2017, your new card will be valid up to October 2022.

With your TIE application form, you will have to attach documents proving that you were actually living in Spain before Brexit (like “empadronamiento”, tenancy agreement, title report, etc.).

Plus, you will have to prove your situation in Spain (if you’re working or studying) and if you’re not employed or self-employed in Spain you will also need to prove that you have enough income to live.

The big difference with those British people with a green card is that they will get their card substituted directly, whereas those without residency have to prove they have been living in Spain before Brexit and apply, firstly, for an authorisation to work and live in Spain. In the case this authorisation is granted then they can apply for the TIE.

But they cannot prove it

Your situation is similar to those British national recently arrived in Spain after Brexit. You will be included in the general regime for immigrants and follow the same procedure as the citizens as any other third country.

British citizen without residency that has arrived in Spain after Brexit

Your situation is similar to other non-EU national. You will be included in the general regime for immigrants and follow the same procedure as the citizens of any other third country. That is: you will have to apply for a “regular” TIE exactly the same way as those citizens whose countries never belonged to the EU. There is no special procedure for British citizens who find themselves in this situation.

In general, we can say your situation in Spain will be irregular after 90 days since you entered the country. Remember that you will be allowed to stay in the Schengen Area as a tourist 90 days in any 180-day period.

Non-EU family members of British citizens

Similar measures to those reviewed above have been passed regarding the non-EU family members of the British citizens living in Spain.

Non-EU family member with “Tarjeta de Familiar de Ciudadano de la Unión”

The residence card for members of the family of EU citizens will be substituted for a TIE of a relative of UK citizens. If you have been living in Spain for more than 5 years, you must apply for long-term residency.

If the card for members of the family of EU citizens is temporary

Members of the family that have had the card for less than 5 years

You will have up to 31st of July 2021 to apply for the TIE of a relative of UK citizen, during that time your residency will continue to be legal.

It is important that you apply for this card once your British relative has already got theirs. Your card will expire at the same time as the TIE of your British relative.

Members of the family that have had the card for more than 5 years

You will have to apply for long-term residency. You will have up to the 31st of July 2021. Up to that date, your residency will continue to be legal.

If the card for members of the family of EU citizens is permanent

You must apply for a long-term residency TIE, which will be a substitute for the one you already have. You will have up to the 31st of July 2021 to apply for it, until then you will continue living legally in Spain.

Non-EU family member without “Tarjeta de Familiar de Ciudadano de la Unión”

In this case, the Civil Service won’t give you the TIE directly. Firstly, you will have to apply for an authorisation to work and live in Spain and wait for it to be approved. Furthermore, you must be living in Spain since before Brexit.

Relative without residency that lives in Spain since before Brexit

And can prove it

You will have up to the 31st of July 2021 to apply for an authorisation to work and live in Spain. During this time you will continue to live legally in Spain, but you will have no document to prove it. Once you have submitted the application, the stamped copy of the form will prove your status.

If the authorisation to live and work in Spain is granted, you will have one month to apply for the TIE of a relative of UK citizens. Your card will expire at the same time as the TIE of your British relative.

Alongside the form for the authorisation you will have to hand over the following documents:

• Documents that prove you were living in Spain before Brexit.
• Documents that prove that you are family of a UK citizen.
• Documents that prove the legal residence of your UK citizen relative upon whom the application is based.
• Documents that prove your employment status in Spain, in case you’re working.
• Documents that prove that you are dependent on your UK citizen relative, if that’s your case.

Please, note the required documents may vary depending on your specific situation.

It is important that you apply for your TIE once your British relative has their TIE or, at least, has already applied for it.

But they cannot prove it

Your situation is the same to those family members’ that have just arrived in Spain. There’s no special treatment in this case.

Relative without residency that has arrived in Spain after Brexit

In your case, the special measures passed by the Spanish Government won’t be applied, because they are intended for British people living in Spain since before Brexit. This way, you will be considered a citizen from a non-EU country.

It is important to highlight that these measures regarding residency (the cases described here) are not subject to reciprocity and don’t depend on what the UK Government establish for Spanish citizens in the UK. That is: they will come into force in any case.

This is a summary of the possible situations that can happen, residency wise, among British nationals after Brexit. If you are a British citizen living in Spain “irregularly”, my advice is that you don’t leave it until the last minute, just waiting to see “what happens with Brexit”, apply for your green card now, before Brexit. The same advice applies if you’re a relative of a UK citizen.

I hope you liked my article and that it was useful for you. If you have any doubts or if you would like help dealing with the immigration procedures, feel free to contact me.