The Brexit transition period ended 31st December 2020. This means there are now new Spanish residency requirements for British citizens / UK nationals effective from January 1st 2021.
British citizens / UK nationals now have to follow the same process as other non-EU national citizens of third countries to get Spanish residency.
Since July 2020, British citizens / UK nationals taking up residency in Spain, have had to partially follow the non-EU process, as Spain introduced the ‘Withdrawal Agreement’ TIE ‘tarjeta de identidad de extranjeros‘. The TIE is the foreigners ID card which all non-EU nationals have to obtain when they reside in Spain. During the transition period, and thereafter for those who already have a Spanish residency certificate, a special ‘withdrawal agreement’ card is issued. This ‘Withdrawal Agreement’ TIE card confirms the holders protected rights as a former EU citizen according to the terms of the Withdrawal Agreement.
The process for obtaining the ‘Withdrawal Agreement’ TIE ‘tarjeta de identidad de extranjeros‘ was the same as for other non-EU nationals. however the qualifying criteria remained the same as for the Spanish residency certificate for EU citizens.
Christmas Eve marked the moment the UK finally reached a Brexit agreement with the EU, full details of which have now been published. The so called ‘Free Trade Agreement:a new economic and social partnership with the United Kingdom’, is of most interest to UK nationals living in Spain and other EU countries, those planning to and those with other interests such as business or a holiday home.
The agreement covers not just trade in goods and services, but also a broad range of other areas such as, tax transparency, air and road transport, energy and sustainability, fisheries, data protection, and social security coordination.
Notable points for UK nationals in Spain or other EU countries in the agreement are that:
It provides for zero tariffs and zero quotas on all goods that comply with the appropriate rules of origin.
On transport, the agreement provides for continued and sustainable air, road, rail and maritime connectivity, though market access falls below what the Single Market offers. It includes provisions to ensure that competition between EU and UK operators takes place on a level playing field, so that passenger rights, workers’ rights and transport safety are not undermined.
On social security coordination, the agreement aims at ensuring a number of rights of EU citizens and UK nationals. This concerns EU citizens working in, travelling or moving to the UK and to UK nationals working in, travelling or moving to the EU after 1st January 2021.
This agreement at least brings closure to the uncertainty that has been hanging for so long, and is good news in part for many British Nationals in Spain.
Zero tariffs and quotas at least means that goods won’t cost more due to tax, and UK vehicles brought to Spain won’t be subject to customs import taxes as long as they were originally UK or EU vehicles. As free movement will stop, there will be more checks on goods and people coming into the Spain and the EU from the UK.
The agreement on social security coordination will be welcomed by many who have moved to Spain to retire, or planned to, as many will have been relying on the reciprocal healthcare arrangement as their means of access to healthcare.
The deal also allows UK Nationals to visit EU countries for up to 90 days without the need for a visa. Longer stays will however require a visa, so there will be a new lengthy step in the process for UK Nationals who want to move to Spain.
The United Kingdom left the European Union on 31 January 2020. The transition period that to negotiate future arrangements between EU and the UK ends on 31st December 2020, with a deal finally agreed at the last minute.
As of the end of the transition period, privileges enjoyed under EU freedom of movement come to an end. British UK Nationals and their non-EU family members will be subject to all Spanish immigration rules for third-country (non-EU) nationals.
However, UK nationals and their family members who took up residency in Spain and other EU Member State before the end of the transition period in accordance with EU free movement law, will maintain their free movements rights after 31st December 2020.
As British Nationals will no longer be exempt from travel restrictions, new regulation will come into force on 1st January including the requirement to obtain Visa’s and possible travel bans.
The website for the Spanish Consulate in London notes:
‘In compliance with EU Regulation 2018/1806 of the European Parliament and of the Council of 14 November 2018 British passport holders travelling to Schengen countries for holidays, business or to visit family do not require a visa for stays of up to 90 days in a 180 day-period, provided the visit is not for gainful activity. Please note that the 90 days will start counting from the date they enter any of the Schengen countries, including Spain.
British citizens and their family member need Visas for journeys undertaken after 31st December 2020 for the purposes of residence, studies for period larger than 90 days, work, professional, artistic or religious activities.’
Most nationals of non-EU countries require visa to enter Spain, including if the stay is intended to be less than 90 days for tourist purposes. (A tourist visa known as a Schengen visa, valid for all of the countries in the Schengen area, is issued by the Spanish Embassy in the applicant’s home country, or the embassy of the Schengen country in which a traveller will arrive).
The deal for UK Nationals, is the same as the deal enjoyed by citizens of around 35 other non-EU countries where a Schengen visa is not required to just to enter Spain.
The holder of a Schengen visa is not permitted to work or to stay longer than 90 days in the entire Schengen area, not just Spain. The same applies to nationals of non-EU countries that are exempt from needing a Schengen visa. So, if the intention is to stay more than 90 days, a long stay visa will be required.
The Spanish Consulate has also published a list of long stay visa fees that will be applicable for British Nationals from January 1st.
The TIE, Tarjeta de Indentidad de Extranjero, is the Spanish identification card for citizens from third countries (non-EU) who reside in Spain. As the UK is no longer in the EU British UK nationals also have to apply for this card to take up residency in Spain.
During the transition period the qualifying requirements for applicants e.g. for proof of means remained the same as they were when the UK was in the EU. However from the 1st of January most British UK Nationals will need to obtain a long stay visa, before they can apply for residency and get their TIE, Tarjeta de Indentidad de Extranjero.
The process below is the procedure for applying for the Withdrawal Agreement TIE. British UK Nationals could apply under the terms of the Withdrawal Agreement up until the 31st December. Thereafter the Withdrawal Agreement TIE is only available to holders of the green EU residency certificate, and immediate family members of those that already have Spanish residency. It may possibly (not yet officially confirmed), be available to those who didn’t obtain residency documentation, who can prove that that they were otherwise legally residing in Spain, before 31st December 2020.
The TIEApplication Process for British UK Nationals
There are two stages in the process. In the first stage an application is presented to the Foreigners Office (extranjeria) in the province where you reside. The second stage is completed at the National Police Station in the area that you live.
The initial application can be presented in person or by an authorised representative, and can be done face to face at the Foreigners Office, or submitted online.
In most places, you have to call the foreign office to make an appointment to present your application.
The online submission system is working well, and the Foreign Office are encouraging the use of this system. To submit you application you need to have a digital signature and certificate in place. If you don’t have one, you can authorise someone else or a company to complete the online submission on your behalf.
First Stage TIE Application & Documentation Required
The wide variances that exists from one town to the next regarding documents for EU residency certificate applications, does not apply to TIE applications, as all applications are processed at the provincial head office not at the Police Station closest to where you live. This makes it a lot easier to assess and prepare applications, and provides a lot more consistency.
To present the TIE application at the first stage the following is needed:
*Copy of valid passport
*Certificado de empadronamiento (padron)
Healthcare
*S1 letter if retired or in receipt of exportable UK benefits
*Private medical insurance policy / certificate with proof of the last payment
*Proof of social security payments if employed or self employed
Income / Proof of Financial Means
The exact documents required for proof of financial means varies depending on circumstances. Any of the following as applicable may be required:
*Contract of employment *3 months payslips *6 months UK bank statements *6 months Spanish statements *Pension P60 or letter *Contract for rental property *Average balance certificate from last 6 months
Dependant Applicants
*Birth certificate for child / dependant spouse applicants *Marriage certificate / record of civil partnership for spouse / partner
Official translations of documents that are not in Spanish must be provided.
Additional documents to support your application
The Foreign Office when reviewing applications apart from checking that you qualify, are also looking to see that the applicant is actively living and present in Spain. The list below taken from their request for further information on an application. It is extensive and you may not be able to provide everything on the list, however the more you can provide, the higher chance you have of first time acceptance.
*receipts of transactions in Spain or showing in bank statements *proof of attendance at medical consultations – dentist or doctors appointments/vet appointments *contracts of any nature entered into in Spain *receipts for utility supplies (electricity, water, gas, telephone …) *receipts for fixed or mobile telephony at your address in Spain *documents from public or private entities that demonstrate having received a service in Spain *plane ticket/boarding card from entering Spain showing arrival in Spain *entry stamp to Spain in passport *documents showing relationship with public or private entities in Spain (e.g. clubs associations, training centres, gym …) *income tax returns in Spain *tenancy agreement *shopping receipts
When your application is received, a receipt will be issued confirming that it has been presented. It will then be reviewed accordingly at the foreigners office. If for any reason your application is not immediately accepted, 10 business days will be given to supply any additional information that may have been asked for to continue with the application.
Notification of the approval of your application will be sent within 3 months, and you have one month to make an appointment and complete the second stage application at the National Police Station.
Second Stage TIE Application
The second stage application process is relatively straight forward, and appointments are readily available in most areas at the Foreigners Offices and National Police Stations.
For your second stage application you need to have a pre-booked appointment.
You can make an appointment through the following link:
*EX23 application form
*Your first stage approval notice / existing EU residency Card and a copy
*Passport and a copy ( a copy of your passport and the application is acceptable if you are in the process of renewing it)
*Small passport (carnet size) photo 32mmx28mm
*Recent padron *Modelo 790 form with €12 tax paid and stamped by the bank, or with payment receipt attached
When you present your application your fingerprints will be taken, and if everything else is in order, you will be given confirmation of your processed application and told to make an appointment to go back and collect you card in 3 weeks.
Your first TIE is valid for 5 years. At the 5 year expiry of your TIE you can apply for a 10 year permanent residency TIE
The New TIE for British UK Nationals
The new Withdrawal Agreement TIE ‘tarjeta de idenitidad de extranjeros’ for British UK Nationals
The TIE, Tarjeta de Indentidad de Extranjero, is the Spanish identification card for citizens from third countries (non-EU) who reside in Spain. Since July 6th 2020 British UK nationals moving to Spain also have to apply for this card, as the UK is no longer in the EU.
If you already have a Spanish residency certificate, you do not have to apply for the TIE, but can voluntarily exchange your certificate for the card.
The card is a full bio-metric national ID card so much more useful than the paper certificate. The card also has the words ARTICULO 50 TUE, a reference to note that the holder was resident in Spain before the end of the transition period.
The Residency Certificate TIE Exchange Application Process
The application process is relatively straight forward, and appointments are readily available in most areas at the Foreigners Offices and National Police Stations.
You need to have a pre-booked appointment.
You can make an appointment through the following link:
*Completed EX23 application form
*Your existing EU residency Card and a copy
*Passport and a copy ( a copy of your passport and the application is acceptable if you are in the process of renewing it)
*Small passport (carnet size) photo 32mmx28mm
*Recent padron (if you have changed address since you obtained your residency certificate)
*Modelo 790 form with 12 euros tax paid and stamped at the bank
When you present your application your fingerprints will be taken, and if everything else is in order, you will be given confirmation of your processed application and told to make an appointment to go back and collect you card in 3 weeks.
If you currently have a temporary residency certificate, your new TIE will be valid for 5 years. You can apply to get a permanent one, either when you reach the 5 year anniversary of the date you got your residency certificate, or at the 5 year expiry of your TIE.
If you currently have a permanent residency certificate (with the word ‘permanente’), your new card will be issued for 10 years and thereafter is automatically renewable. If you have held a temporary residency certificate for more than 5 years (but didn’t upgrade it to permanent), you may also be issued with a 10 year permanent TIE.
The TIE for British UK Nationals
The new Withdrawal Agreement TIE ‘tarjeta de idenitidad de extranjeros’ for British UK Nationals
Need a Hand With Your Residency Certificate TIE Exchange Application?
Update – Spanish Residency for British UK Nationals During the Transition Period
The article below was written the UK left the EU under the withdrawal agreement in January 2020.
Under the withdrawal agreement, British Nationals who hold a residency certificate have their rights as an EU citizen secured. On July 6th 2020, the residency application procedure for British UK nationals, switched for the EU residency certificate to the withdrawal agreement TIE ‘tarjeta de indentidad de extranjeros’. Both the certificate and the new TIE give the holder equal status in terms of protected EU rights under the withdrawal agreement.
Earlier this year, the Spanish Government published its ‘No Deal Brexit’ Contingency Plan. The Contingency Plan was approved by Royal Decree 1st March, and affirms that the Spanish residency certificate will be needed to confirm legal residence in Spain. The plan makes provision for those residing in Spain who’ve not obtained their Spanish residency EU registration certificate before Brexit, to obtain residency documentation. However, it makes clear that British nationals in this situation will be treated differently to to those who have obtained their certificate BEFORE the UK leaves the EU.
Advice on the Gov.UK points out that ‘rules for driving, passports, EHIC cards, pet travel and more may change from 1 January 2021’. This is because on that date, as it stands the transition period ends and the UK will be out of the EU without a deal have been agreed. Even if a deal is a agreed things may well be different for British Nationals driving in Spain post brexit.
This is a summary of some key points for British UK nationals relating to driving in Spain, after the transition period ends.
Driving Licences
An international driving permit (IDP) to drive with a UK licence. If you’re moving to Spain, you won’t need an IDP, but you will need to exchange your licence for a Spanish one. At the moment, this is a straight forward swap. When the transition period ends, British Nationals living in Spain who haven’t already swapped their UK licence, may have to take a full driving test to get a Spanish driving licence.
UK motor insurance currently provides as a minimum, third party cover to drive your vehicle as a tourist in EU countries. If you are moving to Spain and taking a vehicle, you should check the cover they are able to provide, and whether a UK policy will still be valid after the end of the transition period. In the even of there being no deal, UK financial service providers including inserance companies, will not be allowed to provide service to people residing in Spain, unless they have set up in the EU.
UK vehicles are currently treated the same as vehicles from other EU countries when it comes to registering them in Spain.
If no deal is agreed stating otherwise, when the transition period ends, UK cars brought to Spain will be treated as non-EU imports. This means they will need to go through customs.
They will attract a 10% customs duty plus customs and handling fees ranging from €200 – €300 on top of the usual registration costs.
Boris Johnson and his Conservative Party swept to victory in a decisive election outcome, winning on the promise to ‘Get Brexit Done’. His withdrawal agreement wasvoted through, and albeit with a handful of challenges, the Bill was passed.
The agreement has now been signed by both sides, and will be passed by EU parliament. The deadlock surrounding Brexit, and a lot of uncertainty has now come to an end.
The UK will be leaving the EU on the 31st January, with ‘a deal’. Brexit is going to happen. But those who voted Conservative because they just want to ‘get Brexit done’, need to think again if they are feeling relieved and think that it’s now all done and dusted.
The extension of article 50 has put the clock back on Brexit. This is good news for Brits in Spain, especially those who haven’t yet managed to get their Spanish residency paperwork sorted out. In addition to time being bought, the chance of a no deal Brexit has also reduced considerably. MP’s voted in March, (albeit narrowly), to reject a no deal Brexit under any circumstances.
Deal or no deal Brexit what difference does it make?
Whilst a no deal Brexit seems to be off the cards at least for now, it could still happen. So if you are a UK national living in Spain,it’s still important to understand how you may be affected in this Brexit scenario.
If the UK eventually departs under the agreed Brexit deal, even though it may no be the best deal, at least we can expect that the future outside of the EU, will include some continuation of current rights afforded to UK citizens in the EU, and vice versa. There will also be the ‘transitional period’, during which time the agreement will be worked into place. For the UK and it’s citizens, nothing will change during this time. The UK will remain ‘in the EU’ during this transitional period, before finally leaving.
When it comes to a no deal, or hard Brexit, the United Kingdom will cease to be part of the EU and become a 3rd country. Unless the member state they reside in has legislated otherwise, UK citizens will overnight lose their EU rights. This could have profound implications for many living in the EU.
EU Freedoms
The founding principles of the EU are the free movement of goods, services, labour and capital. These principles allow residents in member states freedom to live, work, and travel anywhere in the EU, and provide other entitlements as EU citizens.
In a no deal Brexit scenario, UK nationals will be restricted to visits of 90 days to EU countries. There will be no automatic right to work and reside. EU states will be able to impose 3rd country tariffs on goods being imported, and set special tax rates.
How will a no deal Brexit impact on UK citizens in Spain?
In the event that the UK becomes a 3rd country at Brexit, numerous, freedoms, rights and entitlements currently taken for granted, will disappear.
There was more good news for Brits in Spain earlier this year. The Spanish Government published it’s ‘No Deal Brexit’ Contingency Plan. The Contingency Plan confirms that the the Spanish EU registration document, (residency certificate), can be used by Brits to confirm legal residence in Spain, and thus entitlement to preservation of existing EU citizen rights. The plan also makes provision for those residing in Spain who’ve not obtained their residency certificate before Brexit, to obtain residency documentation.
Deal or no deal, things will change either way, just more so in the event of a no deal Brexit. British nationals who plan to move to Spain, or that already live here and want to continue doing so, should do everything possible to show that they are settled in Spain before Brexit.
The UK Government brought in a process for EU citizens in the UK to get certification of their ‘settled status’. They also indicated that some EU citizens who are unable to prove their settled status, may face deportation.
Spain has defined it’s process for UK nationals to prove their ‘settled status. Those without a residency certificate, will not be ‘authorised to reside in Spain’. This will not be an immediate issue, as the no deal Brexit legislation passed by the Spanish Government, provides a grace period for Brits who haven’t have got their ‘settled status’ to do so. This legislation however, also makes clear, that British nationals ‘unsettled’ before Brexit, i.e. without a residency certificate, will be treated differently to to those who obtained their certificate BEFORE the UK leaves the EU.
For Brits living in Spain or planning to do so, the answer to this question is simple. If you haven’t already done so, get your residency certificate as soon as possible.
Teresa May’s Bill for the so called ‘Brexit Deal’ was approved in November last year. It has since been knocked back in Parliament twice.
The somewhat derided ‘Brexit Deal’, defines the proposed terms for the separation agreed by UK and the EU. The deal, also approved by the EU, is, some might argue, the UK’s only chance of an orderly exit from the EU. So just what is the so called ‘Brexit Deal’?
Here are some key points relevant to Brits in Spain.
Brexit Deal Transition Period
The draft deal allows for indefinite extension of the so called ‘transition period’. This is to allow for a solution to be worked out for Ireland / Northern Ireland. The phrase ‘how long is a piece of string?’ springs to mind.
This is a perhaps a good thing for Brits in Spain and other EU countries, as during the ‘transition period’ nothing changes. This mean that during a ‘transision period’ UK nationals in Spain and the rest of the EU, can continue to enjoy their EU citizen status.
Brexit Deal and Movement Within the EU
Whilst the ‘deal’ covers the rights of UK citizens in the EU, e.g. Brits in Spain, and defines terms for right to continue reside and working etc, there is NO agreement on freedom of movement within the EU.
The ‘Brexit Deal’ explainer issued by the Government simply states:
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