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Brexit Residency Spain

The Importance of being a Spanish Resident or in the Application Process Before the Grace Period

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Why you should immediately apply for you Spanish 'Residencia'.

The latest information confirms that, after the 31st January 2020, your existing residence permit will be valid until the end of the grace period, despite no longer being an EU citizen. During this time, you will be required to apply for a Foreigner’s ID card, a Tarjeta de Identificación de Extranjeros (TIE). The process for granting this new status will practically be automatic for legally resident UK citizens. Both the long transition period and the simplified nature of the process are similar to the contingency measures of other EU-27 countries. Interlocutors at the ministries have promised that extra resources would be provided for immigration staff (at Oficinas de Extranjería and Comisarías) in provinces with large British populations.

If you and your family members are not yet registered, you should immediately apply for your Residencia at a foreigner’s office (Oficina de Extranjería) or the police station (Comisaría). In the case that you were unable to formally submit your application, or have not been given an appointment before the withdrawal date, there will be a special process to apply for the Foreigner’s ID card, always as long as you can prove that you were residing in Spain before the 31st January, 2020.

Currently, as an EU Member, the following documents are required to apply for residency in Spain

  • EX18 application form duly filled in and signed – two copies.
  • Passport – original and copy.
  • One passport photo.
  • Administration fee – 12 €.
  • Certificate of registration (Certificado de Empadronamiento) from the Town Hall, not older than three months from the day of application – original.

If you are employed, you can provide any of the following documents

  • Confirmation of engagement from the employer or a certificate of employment, including the name and address of the company, tax identification, and contribution account code.
  • Employment contract registered in the Public Employment Service, or communication of the contract and its conditions on the CONTRAT@ platform.
  • Registration document or an equivalent of registration in the corresponding Social Security system, or consent to the verification of the data in the files of the General Treasury of the Social Security.

If you are self-employed, you can provide any of the following documents

  • Registration in the Economic Activities Census.
  • Grounds of the establishment through registration in the Commercial Registry.
  • Document of registration or equivalent of the registration in the corresponding Social Security system, or consent to the verification of the data in the files of the General Treasury of the Social Security or of the Tax Agency.

If you are unemployed, you must provide

  • S1 form.
  • Proof of having public or private health insurance contracted in Spain or in another country, provided that it covers Spain during the period of residence, equivalent to that provided by the national health system. Pensioners comply with this condition by providing a health care certificate from the State of which they receive a pension from.

Documentation proving sufficient financial means for yourself and your family for the period of residence in Spain. This can be accredited by any means of proof admitted in law, such as; property titles, certified checks, documents justifying income or credit cards with bank certification, proving the amount available as a credit of the aforementioned card

If you are a student, you must provide

  • Registration of the public or private education center, recognized or financed by the competent educational administration.
  • Documentation proving that you have public or private health insurance. You can provide a European health insurance card valid for the entire period of residence, which enables you to receive the necessary health benefits from a medical point of view, taking into account the nature of the benefits and the expected duration.
  • A statement proving sufficient financial means for yourself and your family for the period of residence in Spain.

If you apply for your residence permit prior to the effective date on which the UK leaves the EU, your application will be considered under the same conditions. Should you not make it in time to formally apply, please rest assured that during the grace period you will be able to apply for the Foreigner’s ID Card. The requirements stipulated by the new law will be similar to those for an EU citizen, and less demanding than the general residence process for all other third-country nationals.

We want to remind you that nothing is definite until signed and a new law is made.

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