The general directorates of Migrations and the Police have approved an instruction that allows British residents in Spain before the effective entry into the brexit next January 31 apply from July 6 and optionally a document accrediting the residence.
The instruction, published this Saturday in the BOEpick up the procedure for dispatch of the residence document provided for in article 18.4 of Title II of the Withdrawal Agreement UK of the European Union.
This article states that each EU member state may choose to allow UK nationals, their families and any other persons residing on its territory before December 31 to do not have to apply for a new resident status, although they will have the right to receive a document that proves it.
By virtue of this, nationals of the United Kingdom residing in Spain “will not have the obligation to apply for a new resident status nor, therefore, undergo a new documentation process, but they will have the right to receive (…) residence document expressly collect your beneficiary status of the Withdrawal Agreement“indicates the instruction.
Temporary residence documents will have a validity of 5 years and the permanent 10 years.
According to the instruction, the application for residence documents by UK nationals under the conditions set out in Title II of the Agreement may be made as of July 6, 2020.
In the case of persons whose right of residence in Spain begins after the end of the transitional period in accordance with the provisions of title II of the Agreement, the deadline to submit the request It will be three months from arrival in Spain or from birth.
If the applications are submitted after this period, the immigration offices they will appreciate the circumstances and the motives for which the breach has occurred and will grant the interested party a sufficient additional term to submit the request if the reasons for non-compliance are well founded.
The Withdrawal Agreement does not require physical presence in Spain at the end of the transitional period, and must be accepted, in accordance with Article 11 of the Agreement, temporary absences that do not affect the right of residence, as well as longer absences than do not affect the right of residence permanent.
Despite the fact that according to the Commission’s Implementing Decision, the residence documents issued must have a minimum validity of five years, applications will be accepted for those of a permanent nature when the requirements set forth in Article 15 of the Agreement are met (including , the five years of legal residence in Spain), despite the fact that the first residence document issued has not expired.
It will be presumed that the start of legal residence in Spain it has been produced in the certificate issue date temporary registration if it had been issued.
14-page instruction explains in detail the procedure and documents which in each case is necessary to contribute.