Nationals of the United Kingdom, the members of their families and any other persons residing in Spain in accordance with the conditions established in the Withdrawal Agreement, will not be obliged to apply for a new resident status nor, therefore, submit to a new documentation process, but they will have the right to receive, in accordance with the provisions of Directive 2004/38, a residence document that expressly reflects their status as beneficiary of the Withdrawal Agreement. This will also be written onto the Biometric card.
The anterior pertains to the UK Nationals and their family who are residing legally in Spain before December 31 2020. . The Withdrawal Agreement does not require physical presence in the host State at the end of the transitional period (temporary absences that do not affect the right of residence are accepted, as well as longer absences that do not affect the right of permanent residence).
The rights of British citizens and their families who start their residence in Spain after the transitional period will be those established by any Agreement that regulates the future relationship or, failing that, those established by the general domestic immigration regime.
The Document Tarjeta Identidad Extranjero (TIE) “Foreigners Identity Card”.
The procedure for obtaining this residence document is established based on whether the UK national: is the holder of a registration certificate, temporary or permanent; or, lacks the same for not having requested it before the date set forth in these instructions or for having arrived in Spain in the period comprised from the date set forth in these instructions (that is, after July 6) and the end of the transition period or at a later time.
In accordance with the EU Commission on the format and uniformity of the document in all EU member states. The validity of the same will be for five years for non permanent residents and ten years for permanent residents, evidencing the rights under the Withdrawal Agreement with the inclusion of the wording “article 50 TEU” ““Issued in accordance with article 18.4 of the Withdrawal Agreement”.
The TIE can be solicited from July 6 2020.
Family members who have the right to residency under the Withdrawal Agreement, and arrive after the transition period, should make the residency applications within three months of arrival.
the procedure for holders of the green registration (residency) certificates can update the document for a TIE at the foreigners offices at the stations of the National Police.
First time applicants will use the new procedure of July 6 2020. The first step is to request an (online appointment) at the provincial immigration offices (extranjería). The authorities have three months in which to authorise residency status. The applicant will then have a month to complete stage two, making the application for the TIE at the foreigners offices of the National Police.
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