Joint instruction from the directorate-general of migration and the directorate-general of police laying down the procedure for issuing the residence document

Article 18(4) of the agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from European Union and the European Atomic Energy Community.

On 31 January 2020, the United Kingdom ceased to belong to the European Union and this departure is regulated by the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (hereinafter “the Withdrawal Agreement” or “the Agreement”) negotiated and ratified by both parties. This Agreement entered into force on 1 February 2021.

However, this Agreement provides for a transitional period lasting, in principle, until 31 December 2020. During its validity, European Union legislation on free movement will continue to apply. Accordingly, as set out in Part Two of the Agreement (relating to citizens’ rights), all rights will be maintained until 31 December 2020 as if the United Kingdom were still a member of the European Union.

This means that UK nationals will be able to enjoy their rights of free movement in Spain until the end of 2020. Therefore, those who have exercised their right to reside or work in accordance with Union law before the end of the transitional period and who continue to do so after that period will have exactly the same rights as those who have exercised their right to reside or work in accordance with Union law.

The deadline for submitting the application if are doing it for the FIRST TIME shall be three months from your arrival in Spain, or from the date of birth. If you are already in possession of it, you do NOT have the obligation to exchange.

 

TIE Spanish Residency Card

 

1. As the United Kingdom’s departure from the European Union has taken place in accordance with the agreement, Royal Decree-Law 5/2019 of 1 March adopting contingency measures in the event of the United Kingdom’s withdrawal from the European Union without the agreement provided for in Article 50 of the Treaty on European Union and the Agreement of the Council of Ministers of 22 March 2019 approving the instructions determining the procedure, in the case of withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union without the agreement provided for in Article 50 of the Treaty on European Union, for the documentation of United Kingdom nationals resident in Spain before the date of withdrawal and their family members, as well as for the documentation of United Kingdom nationals who qualify as frontier workers before the date of withdrawal, shall NOT apply.

Thus, the Agreement is the regulation that governs and will govern the conditions of residence and the rights of persons included in its personal scope of application. Those who arrive after the end of the transitional period and who are not included in it will be considered as third country nationals and, without prejudice to the application of a special regime for future mobility, will be subject to the provisions of the general regime for foreigners.

Therefore, once the withdrawal agreement has entered into force, the following arrangements are distinguished: the system for citizens of the Union, provided for in Royal Decree 240/2007, of 16 February, on the entry, free movement and residence in Spain of citizens of the Member States of the European Union and other States party to the Agreement on the European Economic Area; the regime applicable to United Kingdom nationals, their family members and any other persons included in the scope of application of the Withdrawal Agreement, who will be subject to the provisions of the latter (that is, the application of European Union law on free movement with the specialities and particularities established therein); and, that of third-country nationals, to whom the so-called general regime for foreigners will be applicable and which includes United Kingdom nationals who are not beneficiaries of the Withdrawal Agreement.

In view of the above, Chapter 1 of Title II of Part Two of the Agreement contains the conditions of residence of United Kingdom nationals and their family members in the host State and of Union citizens in the United Kingdom, as well as aspects concerning their documentation. The purpose of this documentation process is to differentiate (1) between those who are included in its scope and (2) those who are not, mainly because they arrive in Spain after the end of the transitional period. This is because the former, those who reside in Spain before December 31, 2020, will have the rights in matters of residence, freedom of movement and social security recognized by the Withdrawal Agreement. While those who arrive after that date will have different rights, either, those recognized by the future relationship between the European Union and the United Kingdom or, failing that, those recognized by Spanish legislation.

Article 9(c)(ii) defines the host State as the State in which the United Kingdom national and his family members have exercised their right of residence under Union law before the end of the transitional period and in which he continues to reside after that date. The withdrawal agreement does not require physical presence in the host State at the end of the transitional period (temporary absences not affecting the right of residence as well as longer absences not affecting the right of permanent residence are accepted). According to this definition, Spain is the host State for United Kingdom nationals and their family members residing in its territory (as determined by Articles 9, 10 and 13 of the Agreement).

In order to document United Kingdom nationals, their family members and any other persons residing in Spain under the conditions set out in Title II of the Agreement, and on the basis of the two options offered by the withdrawal agreement in Article 18, the Spanish Government has opted for the application of Article 18. 4 according to which “If the host State chooses that citizens of the Union or United Kingdom nationals, their family members and any other persons residing in its territory on the basis of the conditions laid down in this Title should not have to apply for a new status of resident in accordance with paragraph 1 in order to have legal residence, persons entitled to one of the residence rights laid down in this title shall be entitled to receive, under the conditions laid down in Directive 2004/38/EC, a residence document, which may be in digital form, stating that it has been issued in accordance with this Agreement”, with a documentation process based on the current registration system which also guarantees the right under Article 18(4) to obtain a new residence document.

As a result, United Kingdom nationals, their family members and any other persons residing in Spain under the conditions set out in the Agreement will not be required to apply for a new status of resident or be subject to a new documentation process, but will be entitled to receive, in accordance with the provisions of Directive 2004/38, a residence document expressly stating their status as a beneficiary of the withdrawal Agreement.

In addition, in accordance with Article 19 of the Withdrawal Agreement, it is permitted to apply for residence document , voluntarily, during the transitional period.

On this basis and in order to avoid duplicate applications, a system has been set up in which applications for registration certificates or residence cards for family members of Union citizens which are requested during the transitional period by those United Kingdom nationals, their family members and any other persons residing in Spain under the conditions set out in Title II of the Agreement, shall be understood and processed as applications for this residence document under Article 18(4) of the Agreement.

2. It is recalled that, in Spain, in accordance with Article 7.5 of Royal Decree 240/2007 of 16 February, Union citizens are obliged to apply for a registration certificate if they wish to reside in Spain for more than three months, without prejudice to the fact that Article 14.4 allows for proof of residence status by any means of proof admitted by law. Family members, in accordance with Article 8, must obtain a residence card for family members of a Union citizen.

For the issue of residence documents referred to in Article 18(4) of the Agreement, account should be taken of Council Decision (EU) 2020/135 of 30 January 2020 on the conclusion of the Withdrawal Agreement, which aims to ensure uniform conditions within the European Union for the issue of documents with the objectives of facilitating their recognition, in particular by border control authorities, and preventing counterfeiting and falsification by means of high-level security measures (recital 13). To this end, Article 5 of this Decision gives the Commission the possibility of adopting an implementing an act of execution to determine the period of validity, the format and security features of the documents to be issued by the Member States and the common declaration to be included in them. These execution acts will be adopted according to the examination process refered to in Article 6 of the above mentioned Decision.

On this basis, the Commission’s Implementing Decision of 21 February 2020 on the documents to be issued by the Member States pursuant to Articles 18(1) and (4) and 26 of the Agreement (hereinafter “the Commission’s Implementing Decision”)

3. Has been adopted. According to this implementing Commission Decision, the uniform format for residence permits for third-country nationals laid down in Council Regulation (EC) No 1030/2002 is the model to be used for the residence documents. Together with this format, it is established that the period of validity of these documents should be between 5 and 10 years. In relation to the validity and taking into account the provisions on temporary and permanent residence in the Agreement on withdrawal, it has been decided that the temporary residence documents will be valid for 5 years and the permanent ones for 10 years.

In addition, the decision specifies a number of elements that should be included in these documents. Thus, in the residence documents of Article 18 of the Agreement, the field for Type of Permit should read “Article 50 TEU” and in the field for Comments it should be stated that it has been issued in accordance with Article 18(4) of the Agreement.

4. The instructions concerning the issue of documentation for United Kingdom nationals who fulfil the status of frontier workers in Spain provided for in Article 26 of the Agreement on withdrawal shall be laid down in a separate instrument.

Instructions.

Therefore, taking into account the above-mentioned regulatory provisions (Withdrawal Agreement, Council Decision (EU) 2020/135 of 30 January 2020 and Commission Implementing Decision) and in order to ensure their uniform application in the issuing of residence documents under Article 18(4) of the Agreement, these management centres in the exercise of their powers under Article 6 respectively. 1.b) of Royal Decree 497/2020, of 28 April, which develops the basic organizational structure of the Ministry of Inclusion, Social Security and Migration, and article 5. A) 1 of Royal Decree 139/2020, which develops the basic organizational structure of the ministerial departments, issues the following instructions.

First Object.

The purpose of these instructions is to establish the form, requirements and deadlines for issuing the residence document referred to in Article 18.4 of the Withdrawal Agreement.

Second: Personal scope of application.

For the purposes of these instructions, account shall be taken of the provisions of the Withdrawal Agreement in respect of its subjective scope of application, applying to United Kingdom nationals, members of their families and any other persons residing in Spain under the conditions set out in Title II of the Agreement.

Third: Temporary scope of application.

Applications for residence documents by United Kingdom nationals, their family members and any other persons residing in Spain under the conditions set out in Title II of the Agreement may be made from 6 July 2020.

1. 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 for submitting the application shall be three months from their arrival in Spain or from the date of birth.

If the applications are submitted after that period, the immigration offices will assess the circumstances and reasons for non-compliance and will grant the person concerned sufficient additional time to submit the application if the reasons for non-compliance are well-founded after assessment by the immigration office.

2. In those cases in which it is processed in person, an appointment must be obtained in advance.

Fourth: Issue of the residence document provided for in Article 18(4) to United Kingdom nationals residing in Spain under the conditions laid down in the Agreement.

1. United Kingdom nationals resident in Spain under the conditions laid down in the Agreement may apply, pursuant to Article 18(4) of the Agreement, for a residence document to be issued. This residence document shall be issued in accordance with the uniform format for residence permits for third-country nationals laid down in Regulation (EC) No 1030/2002 and shall be marked in the field for Type of permit “Article 50 TEU” and, in the field for Comments, the following sentence shall be inserted “issued in accordance with Article 18(4) of the Agreement on withdrawal”.

2. Applications may be submitted, in accordance with the third instruction, from 6 July. 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 for submitting the application shall be three months from their arrival in Spain or from the date of birth, without prejudice to a sufficient additional period for good reason.

3. The procedure for obtaining this residence document depends on whether the United Kingdom national: holds a certificate of registration, either temporary or permanent; or, does not hold such a certificate because he did not apply for it before the date specified in these instructions or because he arrived in Spain in the period between the date specified in these instructions (i.e. after 6 July) and the end of the transitional period or later.

Depending on the situation of the United Kingdom national, obtaining this residence document will require either one step (at the authorised police stations which will issue it, upon payment of the established fees) or two steps (at the Immigration Office which will issue the residence document, if necessary, and then at the authorised police station which will issue the document, upon payment of the established fees).

It is recalled that:

  • The Agreement on withdrawal does not require physical presence in Spain at the end of the transitional period. Temporary absences which do not affect the right of residence and longer absences which do not affect the right of permanent residence must be accepted in accordance with Article 11 of the Agreement. This element must be taken into account both for the issue of the residence document and for its renewal.
  • In relation to permanent residence, the rules concerning prior periods of residence in accordance with Article 15 of the Agreement remain in force.
  • Applications for registration certificates shall be understood and processed as applications for the residence document under Article 18(4) of the Agreement, and the provisions of this instruction shall apply.
  • Periods of residence in Spain prior to your application will be considered in accordance with Article 16 of the Agreement. Therefore, despite the fact that according to the Commission’s implementing decision the residence documents to be issued must be valid for at least 5 years, applications for the issuance of a new permanent residence document will be accepted when the requirements of Article 15 of the Agreement are met (including the five years of legal residence in Spain) even if the first residence document issued has not expired. Legal residence in Spain shall be presumed to have begun on the date of issue of the temporary registration certificate if one has been issued.

(a) If the United Kingdom national is the holder of a temporary registration certificate and has not reached five years’ legal residence in Spain, he may apply in person to the police stations to be established for the issue of a residence document.

At the time of application, the citizen concerned must provide the following documentation:

  • Application form -EX 23 Card application (art. 18.4 Withdrawal Agreement).
  • Valid and current passport of the applicant. In the event that the passport is expired, a copy of this and the application for renewal must be provided.
    Proof of payment of the corresponding fee (form 790, code 012).
  • A photograph, in accordance with the requirements laid down in the regulations on national identity cards
  • At the time of delivery of the residence document, the citizen must prove that he/she is the recipient of the document by presenting his/her valid and current passport.
  • This residence document will be valid for 5 years and the term “Temporary” will be indicated in the field corresponding to the Type of Permit. Once its validity has expired, it must be automatically renewed in accordance with the provisions of instruction 6.
  • Those persons who have reached 5 years of legal residence in Spain may gain access to permanent residence (as established in Article 15 of the Agreement) before the validity of the residence document issued expires, by requesting the issuance of a new residence document from the police departments that are authorized to issue it after verifying the duration of the residence. This new residence document will be valid for 10 years and the term “Permanent” will be entered in the field corresponding to the Type of Permit. Once its validity has expired, it must be automatically renewed in accordance with the provisions of instruction 6.

(b) If the United Kingdom national is the holder of a temporary registration certificate and has reached 5 years of legal residence in Spain (without having obtained, prior to applying for this residence document, a permanent registration certificate), he may apply in person to the police stations to be established for the issue of the residence document which, after verification of the duration of residence, will issue it. At the time of application, the citizen concerned must provide the following documentation:

  • Application form -EX 23 Application for a card (art. 18.4 Withdrawal Agreement).
  • Valid and current passport of the applicant. In the event that the passport is expired, a copy of this and the application for renewal must be provided.
  • Proof of payment of the corresponding fee (model 790, code 012).
  • A photograph, in accordance with the requirements laid down in the regulations on national identity cards
  • At the time of delivery of the residence document, the citizen must prove that he/she is the recipient of the document by presenting his/her valid and current passport.
  • This residence document will be valid for 10 years and in the field corresponding to the Type of Permit the term “Permanent” will be indicated. Once its validity has expired, it must be automatically renewed in accordance with the provisions of instruction 6.

(c) If the United Kingdom national is the holder of a permanent registration certificate, he may apply in person to the police stations to be established for the issue of the residence document. At the time of application, the citizen concerned must provide the following documents:

  • Application form -EX 23 Application for a card (Article 18.4 Withdrawal Agreement)
  • Valid and current passport of the applicant. In the event that the passport is expired, a copy of this and the application for renewal must be provided.
  • Proof of payment of the corresponding fee (model 790, code 012).
  • A photograph, in accordance with the requirements laid down in the regulations on national identity cards
  • At the time of delivery of the residence document, the citizen must prove that he/she is the recipient of the document by presenting his/her valid and current passport.
  • This residence document will be valid for 10 years and in the field corresponding to the Type of Permit the term “Permanent” will be indicated. Once its validity has expired, it must be automatically renewed in accordance with the provisions of instruction 6.

(d) If the United Kingdom national does not hold a certificate of registration, he may apply for this residence document in person or through his representative at the aliens office of the province in which he resides or intends to take up residence, or by electronic means. Once this has been granted, you must go to the police unit that is authorized to issue the document, upon payment of the established fees.

      1. On proceedings before the Immigration Office:

The competence to decide on these applications lies with the head of the Immigration Office. This application must be submitted in accordance with the provisions of Instruction 3. The following documentation must be provided at the time of application:

  • Application form – EX 20 Application for a residence document Article 18(4) for United Kingdom nationals (Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community)
  • Valid and current passport of the applicant. If the passport is expired, a copy of the passport and the application for renewal must be provided.
  • Documentation accrediting that the applicant is included in the personal scope of the Agreement, specifically, the beginning of his or her residence in Spain, and any means of proof admitted by law must be accepted.
  • Documentation foreseen in Article 3 of Order PRE/1490/2012, of 9 July, by which rules are dictated for the application of Article 7 of Royal Decree 240/2007, of 16 February, on the entry, free movement and residence in Spain of citizens of the Member States of the European Union and other States party to the Agreement on the European Economic Area.
  • In the case of family members of the United Kingdom national who also hold British nationality, they must prove that the said United Kingdom national, with whom they meet or accompany, meets the conditions depending on the case in question.
  • Once the application has been received, a receipt will be issued immediately to prove the presentation of the residence document, which will be sufficient to accredit your legal stay status until it is delivered. Possession of the receipt may not be a prerequisite for the exercise of other rights or the completion of administrative formalities, provided that the beneficiary of the rights can prove his or her situation by any other means of proof.
  • Once the application has been registered, and if there is no reason to reject it, it will be processed and the documentation submitted will be assessed.
  • If the application does not meet the necessary requirements for processing, the interested party will be required to correct the faults within ten working days or to submit the necessary documents, and if they do not do so, the application will be deemed to have been withdrawn, subject to a reasoned decision, which does not exhaust the administrative channel, and which may be the subject of an appeal to the person holding the corresponding Government Delegation or Sub-delegation, in accordance with the provisions of Section 2, Chapter II, of Title V of Law 39/2015, of 1 October, on the Common Administrative Procedure of Public Administrations.
  • If the application meets the requirements, the decision on the residence document will be issued and notified within a maximum period of three months.

      2. On proceedings before the police unit:

Within one month of notification of the decision on the residence document, you must apply in person for it to be issued. At the time of application, the citizen concerned must provide the following documentation:

  • Application form -EX 23 Application for a card (Art. 18.4 Withdrawal Agreement).
  • Valid and current passport of the applicant. In the event that the passport is expired, a copy of this and the application for renewal must be provided.
  • Proof of payment of the corresponding fee (model 790, code 012).
  • A photograph, in accordance with the requirements laid down in the regulations on national identity cards
  • At the time of delivery of the residence document, the citizen must prove that he/she is the recipient of the document by presenting his/her valid and current passport.
  • This residence document will be valid for 5 years in the case of residences that are less than 5 years old and, therefore, the term “Temporary” will be indicated in the field corresponding to the Type of Permit; and for 10 years in the case of residences that are more than 5 years old and, therefore, the term “Permanent” will be indicated in the field corresponding to the Type of Permit. Once its validity has expired, it must be automatically renewed in accordance with the provisions of instruction 6.

Those persons who have reached 5 years of legal residence in Spain may access permanent residence (as established in article 15 of the Agreement) before the validity of the residence document issued expires, by applying in person or through their representative, at the foreigner’s office of the province in which they reside, or by electronic means, for the issue of a new residence document. In accordance with the procedure laid down in this point (d), the aliens office will verify the duration of residence. Once this has been granted, you must go to the authorised police unit which will issue the document, on payment of the established fees. This new residence document will be valid for 10 years and the word “Permanent” will be entered in the field corresponding to the Type of Permit. Once it has expired, it will be automatically renewed in accordance with the provisions of Instruction 6.

Fifth: Issue of the residence document provided for in Article 18(4) to family members and any other persons, nationals of third countries, residing in Spain under the conditions laid down in the Agreement.

1. Family members and any other persons, nationals of third countries, residing in Spain under the conditions set out in the Agreement may apply, in accordance with Article 18(4) of the Agreement, for a residence document. This residence document shall be issued in accordance with the uniform format for residence permits for third-country nationals laid down in Regulation (EC) No 1030/2002 and shall be indicated in the field corresponding to the type of permit “Article 50 TEU” and, in the field corresponding to Comments, the following phrase shall be included “issued in accordance with Article 18.4 of the Withdrawal Agreement’.

2. Applications may be submitted, in accordance with the third instruction, from 6 July. For 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 for submitting the application shall be three months from their arrival in Spain or from the date of birth, without prejudice to a sufficient additional period for good reason.

3. The procedure for obtaining this document is established according to whether the family member or any of the other persons, nationals of third countries, included in the scope of application is a holder of a family member of a Union citizen, temporary or permanent; or, does not have the same because he or she has not applied for it before the date foreseen in these instructions or because he or she arrived in Spain in the period from the date foreseen in these instructions (i.e. after 6 July) and the end of the transitional period or at a later moment.

Depending on the case in which the interested citizen is, obtaining this residence document will require one step (before the police departments that are authorized to issue it, upon payment of the established fees) or two steps (before the immigration office that will grant, if applicable, the residence document and, then, before the police department that is authorized to issue the document, upon payment of the established fees).

It is recalled that:

  • The Agreement on withdrawal does not require physical presence in Spain at the end of the transitional period. Temporary absences which do not affect the right of residence and longer absences which do not affect the right of permanent residence must be accepted in accordance with Article 11 of the Agreement. This element must be taken into account both for the issue of the residence document and for its renewal.
  • In relation to permanent residence, the rules concerning prior periods of residence in accordance with Article 15 of the Agreement remain in force.
  • Applications for a residence card for family members of Union citizens shall be understood and processed as applications for this residence document and the provisions of this instruction shall apply
  • Periods of residence in Spain prior to your application will be considered in accordance with Article 16 of the Agreement. Therefore, despite the fact that according to the Commission’s implementing decision the residence documents to be issued must be valid for at least 5 years, applications for a new permanent residence document will be accepted when the requirements set out in Article 15 are met (including the five years of legal residence in Spain) even though the first residence document issued has not expired. The commencement of legal residence in Spain shall be presumed to have taken place on the date of issue of the temporary registration certificate, if this had been issued.

(a) If the family member or other person, who is a third-country national, holds a temporary family member card of a Union citizen and has not reached five years of legal residence in Spain, he or she may apply in person, at the police stations to be established, for a residence document to be issued.

At the time of application, the citizen concerned must provide the following documentation:

  • Application form -EX 23 Application for a card (art. 18.4 Withdrawal Agreement)
  • Applicant’s full valid passport. In the event that this document is expired, a copy of the document and the application for renewal must be provided.
  • Proof of payment of the corresponding fee (model 790 code 012).
  • A photograph, in accordance with the requirements established in the regulations on national identity cards.
  • At the time of delivery of the residence document, the citizen must prove that he/she is the recipient of the document by presenting his/her valid and current passport.
  • This residence document will be valid for 5 years and the term “Temporary” will be indicated in the field corresponding to the Type of Permit. Once its validity has expired, the procedure must be carried out in accordance with the provisions of instruction 6.

Those persons who have reached 5 years of legal residence in Spain may gain access to permanent residence (as established in Article 15 of the Agreement) before the validity of the residence document issued expires, by requesting the issuance of a new residence document from the police departments that are authorized to issue it after verifying the duration of the residence. This new residence document will be valid for 10 years and the term “Permanent” will be entered in the field corresponding to the Type of Permit. Once its validity has expired, it must be automatically renewed in accordance with the provisions of instruction 6.

(b) If the family member or other person, who is a third-country national, holds a temporary card for a family member of a Union citizen and has reached five years of legal residence in Spain, he/she may apply for this residence document, either personally or through his/her representative, at the foreigner’s office of the province in which he/she resides, or by electronic means. Once this has been granted, you must go to the police unit that is authorized to issue the document, upon payment of the established fees.

      1. On proceedings before the Immigration Office:

The competence to resolve these applications corresponds to the head of the foreigners’ office. This request must be submitted in accordance with the provisions of Instruction 3. The following documentation must be provided at the time of the request:

  • Application form -EX 21 Application for a residence document Article 18(4) for family members, NTP, of United Kingdom nationals (Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community).
  • Valid and current passport of the applicant. If this document has expired, a copy of the document and the application for renewal must be provided.
  • Documentation accrediting the case that gives entitlement to the document.
  • Once the application has been received, a receipt will be issued immediately to prove the presentation of the residence document, which will be sufficient to accredit your legal stay status until it is delivered. Possession of the receipt may not be a prerequisite for the exercise of other rights or the completion of administrative formalities, provided that the beneficiary of the rights can prove his or her situation by any other means of proof.
  • Once the application has been registered, and if it is not rejected for processing, processing will commence, which will involve assessing the documentation submitted.
  • If the application does not meet the necessary requirements for processing, the interested party will be required, within ten working days, to rectify the deficiencies or attach the necessary documents, and if he does not do so, his request will be deemed to have been withdrawn, subject to a reasoned decision, which does not exhaust the administrative channel, and which may be the subject of an appeal to the person holding the corresponding Government Delegation or Sub-delegation, in accordance with the provisions of Section 2, Chapter II, of Title V of Law 39/2015, of 1 October, on the Common Administrative Procedure of Public Administrations.
  • If the application meets the requirements, the decision on the residence document will be issued and notified within three months.

     2. On proceedings before the police department:

Within one month of notification of the decision on the residence document, you must apply in person for it to be issued. When applying, the citizen concerned must provide the following documents:

  • Application form -EX 23 Application for a card (Art. 18.4 Withdrawal Agreement).
  • Valid and current passport of the applicant. In the event that the passport is expired, a copy of this and the application for renewal must be provided.
  • Proof of payment of the corresponding fee (model 790, code 012).
  • A photograph, in accordance with the requirements laid down in the regulations on national identity cards
  • At the time of delivery of the residence document, the citizen must prove that he/she is the recipient of the document by presenting his/her valid and current passport.
  • This residence document will be valid for 10 years and in the field corresponding to the Type of Permit the term “Permanent” will be indicated. Once its validity has expired, it must be automatically renewed in accordance with the provisions of instruction 6.

(c) If the family member or other person, who is a third-country national, holds a permanent card as a family member of a Union citizen, he or she may apply in person to the police station to be set up for the residence document to be issued.

At the time of application, the citizen concerned must provide the following documents:

  • Application form -EX 23 Application for a card (Article 18(4) of the Withdrawal Agreement)
  • Full valid passport of the applicant. In the event that this document is expired, a copy of the document and the application for renewal must be provided.
  • Proof of payment of the corresponding fee (model 790 code 012).
  • A photograph, in accordance with the requirements set out in the regulations on national identity cards
  • At the time of delivery of the residence document, the citizen must prove that he/she is the recipient of the document by presenting his/her valid and current passport.
  • This residence document will be valid for 10 years and in the field corresponding to the Type of Permit the term “Permanent” will be indicated. Once this period of validity has expired, it must be automatically renewed in accordance with the provisions of instruction 6.

(d) If the family member or other person, who is a third-country national, does not hold a family member card of a Union citizen, he or she may apply for this residence document in person or through his or her representative at the aliens office of the province in which he or she resides, or by electronic means. Once this has been granted, you must go to the police unit that is authorized to issue the document, upon payment of the established fees.

1. On the proceedings before the office of foreigners:

The competence to resolve these applications corresponds to the head of the foreigners’ office. This application must be presented in accordance with the provisions of Instruction 3. At the time of the application, the interested citizen must present the following documentation:

  • Application form -EX 21 Application for a residence document Article 18(4) for family members, NTP, of United Kingdom nationals (Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community).
  • Valid and current passport of the applicant. If the document is out of date, a copy of the document and the application for renewal must be provided.
  • Documentation accrediting, if appropriate duly translated and apostilled or legalized, the existence of the family link, marriage or registered partnership that gives entitlement to the card.
  • Certificate of registration or residence document of the UK national whom they are accompanying or joining.
  • Documentary evidence, where required, that the applicant for the residence document is living in the care of the UK national of whom he is a family member.
  • Once the application has been received, a receipt will be issued immediately, which will be sufficient to certify the applicant’s legal status until the document is issued. Possession of the receipt may not be a prerequisite for the exercise of other rights or the completion of administrative formalities, provided that the beneficiary of the rights can prove his or her situation by any other means of proof.
  • Once the application has been registered, and if it is not rejected for processing, processing will commence, which will involve assessing the documentation submitted.
  • If the application does not meet the necessary requirements for processing, the interested party will be required, within ten working days, to rectify the deficiencies or attach the necessary documents, and if he does not do so, his request will be deemed to have been withdrawn, subject to a reasoned decision, which does not exhaust the administrative channel, and which may be the subject of an appeal to the person holding the corresponding Government Delegation or Sub-delegation, in accordance with the provisions of Section 2, Chapter II, of Title V of Law 39/2015, of 1 October, on the Common Administrative Procedure of Public Administrations.
  • If the application meets the requirements, the decision on the residence document will be issued and notified within three months.

2. On proceedings before the police department:

Within one month of notification of the decision on the residence document, you must apply in person for it to be issued.

When applying, the citizen concerned must provide the following documents:

  • Application form -EX 23 Application for a card (Art. 18.4 Withdrawal Agreement).
  • Valid and current passport of the applicant. In the event that the passport is expired, a copy of this and the application for renewal must be provided.
  • Proof of payment of the corresponding fee (model 790, code 012).
  • A photograph, in accordance with the requirements laid down in the regulations on national identity cards
  • At the time of delivery of the residence document, the citizen must prove that he/she is the recipient of the document by presenting his/her valid and current passport.
  • This residence document will be valid for 5 years for those cases where the residence of the UK national of whom he is a relative is less than 5 years and therefore the term “Temporary” will be entered in the field corresponding to the Type of Permit; and for 10 years for those cases where the residence of the UK national of whom he is a relative is more than 5 years and therefore the term “Permanent” will be entered in the field corresponding to the Type of Permit. Once it has expired, it must be automatically renewed in accordance with the provisions of Instruction 6.

Those persons who have reached 5 years of legal residence in Spain may access permanent residence (as established in article 15 of the Agreement) before the validity of the residence document issued expires, by applying in person or through their representative, at the foreigner’s office of the province in which they reside, or by electronic means, for the issue of a new residence document. In accordance with the procedure laid down in this point (d), the aliens office will verify the duration of residence. Once this has been granted, you must go to the authorised police unit which will issue the document, on payment of the established fees. This new residence document will be valid for 10 years and the word “Permanent” will be entered in the field corresponding to the Type of Permit. Once its validity has expired, it must be automatically renewed in accordance with the provisions of Instruction 6.

Sixth: Renewal of the residence document provided for in Article 18.4 of the Agreement.

1. Renewal of the residence document provided for in Article 18(4) must be requested when the document expires.

(a) Where the persons concerned are in possession of a temporary residence document, a residence document shall be issued for 10 years, renewable automatically every 10 years, and the words “Permanent” shall be entered in the field corresponding to the type of permit.

(b) Where the person concerned is in possession of a permanent residence document, a residence document is issued for 10 years, automatically renewable every 10 years. Failure to submit an application for renewal of the residence document within the time limit laid down in paragraph 2 shall not under any circumstances entail loss of the right of permanent residence.

2. The application must be submitted on the official form provided for the purpose during the month preceding the expiry date of the residence document; it may also be submitted within three months following the expiry date, without prejudice to any administrative penalty.

3. The application for renewal of the residence document referred to in Article 18(4) of the withdrawal agreement shall be accompanied by the following documents:

(a) Valid and current passport of the applicant. If the document has expired, a copy of the document and the application for renewal must be provided.

(b) Proof of payment of the fee for the procedure.

(c) A photograph, in accordance with the requirements laid down in the regulations on national identity cards.

Seventh: Provisions common to the issue of the residence document provided for in Article 18(4) of the Agreement.

1. The authorities responsible for processing and deciding on applications for this residence document may, exceptionally, request information about any criminal record of the person concerned from the authorities of the State of origin or from those of other States.

2. Copies of supporting documents other than passports or identity cards may be submitted. In individual cases, the national authorities may require the presentation of the original of certain documents provided there is reasonable doubt as to their authenticity.

3. Decisions issued by the head of the foreigners’ office do not exhaust the administrative procedure and may be appealed against by the person holding the corresponding government delegation or sub-delegation, in accordance with the provisions of Section 2, Chapter II, of Title V of Law 39/2015 of 1 October on the common administrative procedure for public administrations.

Eighth: Procedures in progress.

Administrative procedures initiated before 6 July concerning the acquisition of registration certificates by UK nationals and residence cards for family members of UK nationals who are Union citizens will be processed and resolved in accordance with these instructions.

Ninth: Subsidiary and supplementary application.

In all matters not covered by these instructions, Spanish legislation on foreigners and immigration will apply, and in particular Royal Decree 240/2007, of 16 February, on the entry, free movement and residence in Spain of citizens of the Member States of the European Union and other States party to the Agreement on the European Economic Area; Organic Law 4/2000, of 11 January, on the rights and freedoms of foreign nationals in Spain and their social integration, following its reform by Organic Law 2/2009, of 11 December; and, the Regulations thereof, approved by Royal Decree 557/2011, of 20 April.

In procedural matters, Law 39/2015 of 1 October on Common Administrative Procedure for Public Administrations shall be applicable subsidiarily to all matters not provided for in these instructions and in the rules cited in the previous section.

TIE Spanish Residency Card

 

Would you like to keep yourself updated?