Brexit- becoming full time resident ?
Hi folks.
Apologies for the lengthy attachment. I have copied it from a pdf document from our Spanish solicitor. It was sent without requesting .
we have a house in Spain , SJDT. We are both retiring next year, 2021 (October) . We will be wanting to stay up to 6 months of the year but might consider a permanent move . Especially, after living in crappy UK as we are .
Can anyone please read and give an interpretation, as to whether we would still be able to live there, permanent, post Brexit .
Many thanks ................ see below
PROCEDURE FOR ISSUING THE RESIDENCY DOCUMENT PROVIDED FOR IN ARTICLE 18.4 OF THE WITHDRAWAL AGREEMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND OF THE EUROPEAN UNION AND THE EUROPEAN ATOMIC ENERGY COMMUNITY
Below we inform you of the main measures approved by the resolution of July 2, 2020 published in the Official State Gazette of July 4, 2020.
I. PREVIOUS CONSIDERATIONS. GENERAL DISPOSITIONS
1. The Agreement on the withdrawal exit of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community establishes a transitional period that will last until December 31, 2020, with all rights remaining until then. Those who have exercised their right to reside or work before the end of the transitional period will keep the same rights as those who arrived before Brexit.
2. The withdrawal exit agreement does not require physical presence in Spain at the end of the transitional period, temporary absences are accepted.
3. Nationals of the United Kingdom, the members of their families and any other persons residing in Spain in accordance with the conditions of the agreement will not have to undergo a new documentation process but they will have the right to receive a residence document.
4. If the five years of legal residence in Spain have been reached, permanent residence may be accessed before the validity of the residence document issued expires, requesting the issuance of a new residence document to the police offices. This new residence document will be valid for 10 years.
II. TEMPORARY SCOPE
The request may be made:
By nationals of the United Kingdom, the members of their families and any other persons residing in Spain as of July 6, 2020.
For those whose right of residence in Spain begins after the end of the transitional period, within three months from their arrival in Spain or from the time of birth.
FOR THE PRESENTIAL PROCESSING, AN APPOINTMENT MUST BE OBTAINED.
III. ISSUE OF THE DOCUMENT FOR THE HOLDERS OF A CERTIFICATE OF REGISTRATION OR FOR THOSE WHO DO NOT HAVE THIS
1. FOR HOLDERS OF A TEMPORARY OR PERMANENT CERTIFICATE OF REGISTRATION.
It is done before the POLICE DEPARTMENTS that are enabled.
Holder of a TEMPORARY registration certificate and has NOT obtained the five years of legal residence in Spain:
You must provide the following documents:
Application form ‐EX 23 Card application.
Updated and valid passport of the applicant. In the event that the passport is
expired, we must provide a copy of it and the renewal request.
Proof of payment of the corresponding fee (form 790, code 012).
A photograph, according to the regulations on national identity document.
At the time of the delivery of the residence document, the citizen must prove to be the recipient of this through the presentation of their valid and valid current passport.
The residence document will be valid for FIVE years.
Holder of a TEMPORARY registration certificate and has obtained the five years of legal
residence in Spain:
Sameasinthepreviouscasewiththedifferencethattheresidencedocumentwillbevalid for TEN years
Holder of a PERMANENT registration certificate
Sameasinthepreviouscasewiththedifferencethattheresidencedocumentwillbevalid for TEN years
2 . FOR THOSE APPLICANTS WITHOUT A REGISTRATION CERTIFICATE (for not having requested it or for
having arrived in Spain between July 6 and December 31, 2019 or a later time)
It requires two steps:
1. Before the immigration office, which will grant the residence document. It is necessary to provide the following documentation:
Application form ‐EX 20 Application for residence document
Updated and valid passport of the applicant. In the event that the passport is expired, a copy of
these and the renewal application must be provided.
Documentation proving that the applicant is included in the personal scope of the Agreement,
specifically, from the beginning of his residence in Spain, any means of evidence admitted in law
must be admitted.
Documentation provided for in Article 3 of Order PRE / 1490/2012, of July 9, laying down rules for
the application of Article 7 of Royal Decree 240/2007, of February 16, on entry, free movement and residence in Spain of citizens of the Member States of the European Union and of other States party to the Agreement on the European Economic Area.
Within three months, the resolution on the residence document will be issued and notified.
2. Before the police department that is enabled, where the document will be issued.
** The expedition must be requested within ONE MONTH from the notification of the resolution on the residence document.
It is necessary to provide the following documentation:
Application form ‐EX 23 Card application.
Updated and valid passport of the applicant. In the event that the passport is expired, a copy of it
and the renewal application must be provided.
Proof of payment of the corresponding fee (model 790, code 012).
A photograph, according to the regulations on national identity document.
This residence document will have a VALIDITY of five years for those cases whose residences do not reach five years and of ten years for those cases whose residences are greater than five years
With legal residency in Spain during 5 years or more
With legal residency during less than 5 years
With permanent Registry Certificate
Application at the police office
Application at the police office
Application at the police office
VALIDITY OF 5 YEARS OF THE RESIDENCY DOCUMENT
VALIDITY OF 10 YEARS OF THE RESIDENCY DOCUMENT
VALIDITY OF 10 YEARS OF THE RESIDENCY DOCUMENT
VALIDITY OF 5 YEARS OF THE RESIDENCY DOCUMENT
VALIDITY OF 5 YEARS OF THE RESIDENCY DOCUMENT
With Tempral Registry Certificate
RESIDENT IN SPAIN
Application from the 6th July, 2020
RESIDENTS IN SPAIN FROM 31 DECEMBER
1. Granting the Residency Document by the Without Registry Foreigner Office
Certificate 2. Emission of residency document at the police Office
Granting the Residency Document by the Immigration Office Issuance of residency document at the police office
2020
Application in the
following 3 months
after the arrival to
Spain
1. 2.
IV. ISSUE OF RESIDENCY DOCUMENT TO MEMBERS OF FAMILIES AND ANY OTHER PERSONS, THIRD PARTY NATIONALS, WHO RESIDE IN SPAIN.
The request may be made:
From July 6, 2020 if they currently reside in Spain.
For those whose right of residence in Spain begins after the end of the transitional period within three months from arrival in Spain or from birth.
It is requested before the police agencies that they be enabled.
The applicant must provide the following documents: Application form ‐EX 23 Card application.
IF THE FAMILY MEMBER OR OTHER PERSON, A THIRD COUNTRY NATIONAL, IS A TEMPORARY
FAMILY CARD MEMBER OF A UNION CITIZEN AND HAS NOT REACHED FIVE YEARS OF LEGAL
RESIDENCE IN SPAIN
Updated and valid passport of the applicant. In the event that the passport is expired, a copy of it and the renewal application must be provided.
Proof of payment of the corresponding fee (form 790, code 012).
A photograph, according to the regulations on national identity document.
At the time of delivery of the residence document, the citizen must prove to be the recipient of this through the presentation of their valid and valid passport.
The residence document will be valid for FIVE years.
It requires two steps:
1. Before the immigration office of the province in which you reside, which will grant the residence document. It is necessary to provide the following documentation:
Application form ‐EX 21 Application for residence document for family members, NTP, of UK nationals.
Updated and valid passport of the applicant. In the event that the passport is expired, a copy of these and the renewal application must be provided.
Documentation supporting the assumption that entitles the document.
Within three months, the resolution on the residence document will be issued and notified.
2. Before the police department that is enabled, where the document will be issued.
** The expedition must be requested within ONE MONTH from the notification of the resolution on the residence document.
It is necessary to provide the following documentation:
Application form ‐EX 23 Card application.
Updated and valid and valid passport of the applicant. In the event that the passport is expired, a
copy of it and the renewal application must be provided.
Proof of payment of the corresponding fee (form 790, code 012).
A photograph, according to the regulations on national identity document.
The residence document will be valid for TEN years.
It is requested before the police agencies that enabled.
The aplicant must provide the following documents:
IF THE FAMILY MEMBER OR OTHER PERSON, A THIRD COUNTRY NATIONAL, IS A TEMPORARY
FAMILY CARD MEMBER OF A UNION CITIZEN AND HAS REACHED FIVE YEARS OF LEGAL RESIDENCE
IN SPAIN
IF THE FAMILY MEMBER OR OTHER PERSON, A NATIONAL OF A THIRD COUNTRY, IS A HOLDER OF A
PERMANENT CARD OF A FAMILY MEMBER OF A UNION CITIZEN.
Application form ‐EX 23 Card application.
Valid and valid passport of the applicant. In the event that the passport is expired,
a copy of it and the renewal application must be provided.
Proof of payment of the corresponding fee (form 790, code 012).
A photograph, according to the regulations on national identity document.
At the time of delivery of the residence document, the citizen must prove that he is the recipient of the document by presenting his valid and valid passport.
The residence document will be valid for TEN years.
It requires two steps:
1. Before the immigration office of the province in which you reside, which will grant the residence document. It is necessary to provide the following documentation:
Application form ‐EX 21 Application for residence document art. 18.4 for family members, NTP, of UK nationals
Updated and valid passport of the applicant. In the event that the document is expired, a copy of it and the renewal request must be provided.
Supporting documentation, duly translated and apostilled or legalized, of the existence of the family bond, marriage or registered union that entitles the card.
Registration certificate or residence document of the UK national they are accompanying or going to meet with.
Documentation that the applicant for the residence document lives under the care of the national of the United Kingdom with which he is a relative.
Within three months, the resolution on the residence document will be issued and notified.
2. Before the police department that is enabled, where the document will be issued.
** The expedition must be requested within ONE MONTH from the notification of the resolution on the residence document.
It is necessary to provide the following documentation:
Application form ‐EX 23 Card application.
Updated and valid passport of the applicant. In the event that the passport is expired, a copy of it
and the renewal application must be provided.
Proof of payment of the corresponding fee (form 790, code 012).
A photograph, according to the regulations on national identity document.
This residence document will be valid for FIVE YEARS.
IF THE FAMILY MEMBER OR OTHER PERSON, A NATIONAL OF THE THIRD COUNTRY, IS NOT A
HOLDER OF A UNION CITIZEN FAMILY CARD,
Family member with TEMPORARY registration certificate
With legal residence in Spain for 5 years or more
With legal residence in Spain for less than 5 years
1.
2.
Granting the residency document by the foreigner office. Issuance of residence document in the police offices
VALIDITY OF 10 YEARS OF THE RESIDENCY DOCUMENT
VALIDEZ DE 10 AÑOS DEL DOCUMENTO DE RESIDENCIA
VALIDITY OF 5 YEARS OF THE RESIDENCY DOCUMENT
VALIDITY OF 10 YEARS OF THE RESIDENCY DOCUMENT
VALIDITY OF 5 YEARS OF THE RESIDENCY DOCUMENT
FAMILY MEMBERS OF RESIDENT IN SPAIN
Application from the 06th of July 2020 or within 3 months since the arrival in Spain
Family member with PERMANENT registration certificate
Request in police offices
Request in police offices
FAMILY WITHOUT REGISTRATION CERTIFICATE
1. Granting of residence document by immigration office.
2. Issuance of residence document in the police offices
V. RENEWAL OF THE RESIDENCY DOCUMENT
The renewal of the residence document must be requested when its validity expires:
A) If they are in possession of a temporary residence document, a residence document will be issued for ten years, automatically renewable every ten years (permanent).
B) If you are the holder of a permanent residence document, it will be automatically renewed every ten years. Failure to submit a renewal application will not result in the loss of your right of permanent residence.
The application must be submitted during the month prior to the expiration of the residence document and must be accompanied by the following documentation:
Updated and valid passport of the applicant. In the event that the document is expired, a copy of it and the renewal request must be provided.
Proof of payment of the fee for processing the procedure.
A photograph, in accordance with the requirements established in the national identity document
regulations.