The United Kingdom is no longer a part of the European Union because of an agreement that affected its citizens regarding their legal status in Spain, a status that has changed. In this post we are going to tell you which are the consequences of Brexit in Spain and which actions you need to take to spend more than three months in Spain.
What is Brexit and what are the conditions of the agreement
Brexit is a process that was carried out so that the United Kingdom could leave the European Union. This withdrawal means assigning new laws, as the relations associated to the European Union’s regime are no longer applicable in this case. In this way, new treaties and negotiations between the United Kingdom and the EU took place.
The withdrawal agreement (the UK stopped belonging to the EU on 31 January 2020) brought as a result a transition period to adapt to the new situation and which ended on 31 December 2020.
The EU registration certificate is no longer a viable option, making the process last longer as it has more requirements.
During this period, Spain and the United Kingdom negotiated new immigration relations and conditions between both countries. Meanwhile, UK citizens and their non-EU families had the same rights as before, even though their residence cards were modified.
As of January 2021, they became non-EU citizens when carrying out any procedures in Spain in terms of immigration.
Residence for British citizens currently
In this situation we can find two different scenarios. As of 2021, any UK citizen will have to apply for a valid residence permit if they want to live more than three months in Spain.
The EU registration certificate is no longer a viable option, making the process last longer as it has more requirements. Some options to be considered, although with a higher number of requirements, are the non-lucrative residence visa, a regular work permit or the investor visa.
The citizens that were already living in Spain or were there in 2020, were able to apply in 2021 for a temporary residence permit by complying with the Withdrawal Agreement. As such, they were able to avoid such a long and tedious process, obtaining residence as if they were still EU citizens. Therefore, the Withdrawal Agreement will allow their Spain permanent residence for more than those three obligatory months, whilst keeping their work, study, and Social Security rights.
Residence card as a family member of an EU citizen
Regarding the family members of British citizens, they will be able to obtain their residence card through the visa for family members of an EU citizen. The situation is applicable to people married to a British citizen, those registered as common-law partners or those that have a child in common.
In this way, if the British family member was already in Spain in 2020, his/her family members can benefit from this situation in 2021 and obtain the card in a faster and easier way.
If you want to rectify your situation and find out how long can you live in Spain without residency?, My Spain Visa will help you solve all your doubts and show you how to carry out the process step by step.