Ministry of Labour, Migrations & Social SecurityBrexit. What if there is no deal?. Ministry of Labour, Migrations & Social Security

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I'm british: What if there is no deal?

Relevant information for British nationals in Spain

Brexit. Citizen's rights - Residence.

In the event that negotiations on the United Kingdom’s withdrawal from the European Union end without an agreement before 29 March 2019, the Government of Spain will provide a solution to safeguard, in any event, legal certainty for British nationals residing in Spain and the members of their family.

Although we are working on the exact terms of this process, which is not yet complete, we can state that:

  • A pathway will be set up to allow British nationals and their family members residing in Spain before 29 March 2019 under European Union rules to move onto the general immigration regulations and to obtain the necessary resident documents. Namely, they will be granted a TIE card (Tarjeta de Identidad de Extranjero).
  • Previous periods of residence in Spain will be taken into account accrued under the European Union rules.
  • The requirements will be those applicable to date under the European Union rules, this will in turn provide the replacement the existing EU citizen's registration certificates and family member cards. If you still don´t have those documents, a specific procedure will be launched that will allow you to obtain the new documentation, as long as you can certify, among other elements, your residence in Spain before the withdrawal date (for example, through your municipality registration certificate).
  • In addition, a 21 month-period starting from the withdrawal date will be provided in order to allow time to be documented within the general regulation: during this period, the residence status of British citizens and their family members will remain legal until their request for the new documentation is resolved; for those who have an EU citizen's registration certificate or a family member card, these documents will remain valid for the purpose of proving their legal status in Spain as a third-country national until they are replaced by the new ones

Please note that in Spain the registration with the Central Registry for Foreign Nationals of all citizens of the European Union, including British nationals, if they intend to reside in Spain for longer than three months for is strongly advised.

A formal application must be submitted within three months from the date of entry into Spain. A registration certificate will then be issued with immediate effect stating the identity, nationality and address, as well as the identification number (NIE), and the date of registration.

Since it is yet unknown whether there will be a deal and as this process rests on the decision of the United Kingdom, it is important to remember that, in any event, once the withdrawal of the United Kingdom from the European Union becomes effective, being in possession of a valid registration certificate will guarantee the recognition of your rights as a resident in Spain. In the event of a deal, this certificate will prove your status as a beneficiary of the Withdrawal Agreement. In the event of a no-deal, this document will allow you to continue living in Spain and help you obtain the documents required by the general immigration regulations.

If you do not yet have such registration certificate as a citizen of the European Union, it is strongly reccomended to request, before the withdrawal date (30 March 2019), an appointment for accessing the "EU Certificates" procedure at the specific Police stations in your province. Note: Please bear in mind that not all the police stations may have availability for setting such appointments before the withdrawal date.

In case you cannot obtain such certificate before the withdrawal date, you will be able to accede to the new "Procedure for the documentation of nationals of the United Kingdom", as long as you can certify, among other elements, your resident status in Spain before the withdrawal date (for example, with your municipality registration certificate).