It should be kept in mind that registration certificates and residence card to family members of a Union citizen obtained before the end of the transition period will serve to prove their legal residence in Spain afterwards and to benefit from the provisions of the Withdrawal Agreement.



However, as from 6 July, you may apply for the issuance of a residence document explicitly mentioning your status as beneficiary of the Withdrawal Agreement.

For those arriving in Spain after 6 July and in order to avoid double requests (certificate of registration of a citizen of the EU and residence document) a procedure for issuing residence documents under the Agreement during the transition period has been designed.

 Once this procedure is operational (6 July), applications for registration certificates or residence cards for the family member of the Union citizen submitted by the beneficiaries of the Agreement shall be processed as applications for the residence document referred to in Article 18.4 of the Agreement. 







What will be my situation during the transition period?



The Withdrawal Agreement provides a transition period until 31 December 2020.



During this transition period, United Kingdom nationals and their family members who are nationals of third countries residing in Spain shall maintain their rights arising from the application of EU law.



After the end of the transition period, the Withdrawal Agreement sets out that their rights of residence, work, studies and social security will be maintained.



It should be kept in mind that registration certificates and residence card to family members of a Union citizen obtained before the end of the transition period will serve to prove legal residence in Spain afterwards and to benefit from the provisions of the Withdrawal Agreement.



However, as from 6 July, you may apply for the issuance of a residence document explicitly mentioning your status as beneficiary of the Withdrawal Agreement.

Having a certificate of registration in force is a guarantee of your rights as a resident in Spain.

You can consult this European Commission document containing questions and answers on who benefits from the Withdrawal Agreement and what their rights are.



I have a registration certificate, can I still reside in Spain?

 Yes, you can continue to reside in Spain.

In addition, you and your family members may apply as from 6 July 2020 for the issuance of a residence document explicitly mentioning your status as beneficiary of the Withdrawal Agreement, which will facilitate both administrative formalities and the crossing of the external border.

What is my situation if I arrive in Spain after the date of withdrawal (31 January 2020) and in the middle of the transition period (1 February 2020-31 December 2020)?

 What do I have to do?

The Withdrawal Agreement provides a transition period until 31 December 2020. As from 6 July, the procedure for obtaining the residence document of Article 18.4 of the Agreement will be enabled.

Therefore, if you arrive from that date on, you must apply directly for the residence document at the Inmigration Offices of the province in which you reside.

 It will be verified that you meet the same requirements demanded for obtaining the Union citizen registration certificate.

Once this residence document has been obtained, it will be issued (in format Foreigner’s IdentityCard (TIE)) which will explicitly mention your status as beneficiary of the Withdrawal Agreement. If you have already obtained Spanish nationality you will not need to do any formalities. 

Will United Kingdom nationals residing in Spain obtain a work permit to continue their professional activity in Spain?



 No. The Withdrawal Agreement protects the rights of EU citizens and British nationals, as well as their respective relatives, to continue to live, work or study as they do today and under the same essential conditions as under Union law.

As a result, you will be able to continue working as before without any additional permission.







Family members of a UK national, third-country nationals, resident in Spain, do they have a special status?



Family members will maintain their family status throughout the transition period and thereafter





What will my situation be if I arrive in Spain after 1 January 2021?



What foreign legislation applies to me?

Unless covered by the subjective scope of the Withdrawal Agreement, United Kingdom nationals entering Spain after 1 January 2021 shall be considered as third-country nationals.



Therefore, the general immigration regime will apply to them, unless a future mobility scheme is negotiated within the framework of the future relationship being negotiated between the UK and the EU.





If I am a beneficiary of the Withdrawal Agreement, I am in possession of a residence document issued on the basis of that agreement and want to move to reside in another EU country, can I do so?



The Withdrawal Agreement recognises the right to reside in the host country, however future mobility will be subject to negotiations within the framework of the future relationship between the UK and the EU.



Should there be a lack of agreement in this matter: For short stays: the rules for short stays within the Schengen area apply For stays longer than 3 months, the national legislation of each EEA shall apply



Please if you have any doubt, call us, we can help you with your Spanish Resience!