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BREXIT

Brexit Q&A: What happens if I didn’t register as a resident in Spain by December 31st?

On December 31st 2020, the transition period ended, and with it the deadline for Brits to become resident in Spain. However, if you were living here before that date but didn't register, there is still time.

Published: 29 December 2020 17:14 CET
Updated: 13 January 2021 11:36 CET
Brexit Q&A: What happens if I didn't register as a resident in Spain by December 31st?
Photo: Patrick Dobeson/Flickr

Under terms ratified in the Brexit Withdrawal Agreement the rights of British citizens to live in Spain are guaranteed as long as you were resident in Spain by December 31st 2020.

The longstanding message from both the Spanish and British authorities was that those living in Spain needed to get their paperwork in order and officially register as a resident, but with coronavirus and the delay in appointments available, it means that many people were unable to register by the December 31st deadline. 

Since July 7th the Spanish authorities have been issuing a new biometric TIE card for British nationals resident in Spain, replacing the former green residency certificates which came in either A4 size or credit card size.

Those who have the green certificates can swap them for the TIE card but there is no deadline to do so, and although there are advantages to having the new biometric card, the green certificates remain valid for the foreseeable future.


The green paper certificates and new TIE biometric cards show legally residency.

 

Now that the deadline has passed however, many have still not got their residency certificate or TIE because they never got around to registering, they are newly arrived or they haven’t been able to secure an appointment to start the process due to holdups in some extranjería offices in Spain.

But that doesn’t mean they have missed the chance altogether, as long as they can prove that they were living in Spain and meeting the requirements for doing so before December 31st.

“Your rights come from your living legally in Spain before December 31st ,not from possessing the residency card itself,” explained the British Embassy in Madrid in an FAQ on Brexit published on December 29th.

“If you are unable to complete the registration process before January 1st, you will still be protected by the Withdrawal Agreement, as long as you were legally living in Spain before the end of 2020,” they continued.

“That means that you were living here and meeting the EU free movement conditions of working, being self-employed, or having sufficient income and comprehensive healthcare cover to support you during your retirement or studies.”

So how do you prove you were living in Spain before December 31st?

“We recommend you have as much documentation in place to demonstrate that you were legally living here before the end of the Transition Period as possible,” explains the British Embassy. “That might include, but not be limited to, a padrón certificate, utility bill, healthcare policy, work contract or flight ticket.”

What should I do if I can’t get an appointment?

Covid restrictions, along with the Christmas period have meant that there are fewer appointments available in some areas, but you should keep trying. You should also remember that you can complete the first stage of the residency process by submitting your documents electronically, if you have a digital certificate.

You can find out how to get your digital certificate HERE

If you do not have a digital certificate you can also use a third-party representative to submit your documents for you.

BREXIT: Where can Brits in Spain get help with residency applications?

What should I do if I didn't or couldn't register before the deadline?

There is still time, as stated above, as long as you moved here before December 31st. You should make sure you have as much documentation in place to demonstrate that you were legally living here before December 31st as possible. Try to gather documents such as your padrón certificate, utility bills, healthcare policies, work contract and flight ticket.

As soon as you are able to get an appointment to get your TIE, then do so. 

Is my green certificate still valid or does it need to be exchanged for a TIE?

The green residency certificate – both A4 and credit card-sized – remain valid documents to demonstrate your status as a resident and your rights under the Withdrawal Agreement.

The Spanish Government emphasises that the biometric TIE is more durable and may simplify some administrative processes and border crossing. If you decide to exchange your green certificate for the TIE, there is no deadline for doing so.

What happens if I didn't move to Spain before December 31st, can I still live there? 

The short answer is yes, although the process will be a lot more difficult. If you're a British citizen who is not already a resident in Spain, but wants to move here you will most likely be treated the same as third-country nationals, such as those from the US or Australia. 

You will either need to be offered a job and be sponsored by a company for a visa (which is very difficult right now given Spain's high unemployment rate), apply for a student visa and enrol on a course, apply for a self-employment visa and have sufficient funds to support yourself, apply for a non-lucrative visa or marry a Spanish or EU citizen. 

A non-lucrative visa is an authorisation that allows non-EU foreigners to stay in Spain for a period of more than 90 days without working or carrying out professional activities, by demonstrating that they have sufficient financial means for themselves and, if applicable, their family.

“For Brits arriving in Spain after December 31st, no official announcement has been made as to the financial requirements so we can only assume they will be the same as for third country nationals – €25,816.32 per annum per person (€2,151.36 per month) and not quite double for a couple,” President of Brexpats in Spain Anne Hernández told The Local. 

Eurocitizens secretary Nigel Aston also told The Local Spain that “the amounts will rise steeply – around €27,000 per annum plus several thousand for each dependant.

What if I was living in Spain before the Brexit deadline but left to go back to the UK for the Christmas break – will I have problems returning? 

There have been reports of British residents in Spain being denied boarding in the UK when trying to return home, due to not having a new TIE and only their original green residency certificates.

Spanish authorities have moved to clear up the issue however, confirming that both the green residency certificate AND the TIE is valid for travel for British residents in Spain. 

Where can I get help?

The British government has provided funding to three organisations in Spain to offer help and support Brits with the process. If you don't have internet access or don't feel confident completing the form online they can even do it for you if you don't have friends or family who would be able to help.

If you or someone you know may have difficulty completing the paperwork, you can contact them using the details below to discuss how they may be able to help you.

These organisations are:

READ ALSO: How Britons can prove they are resident in Spain when entering the country. 

More information:

  • Spain's government has a dedicated Brexit page for UK nationals HERE
  • Check out the UK Foreign Office latest advice on Living In Spain HERE 
  • Follow the British Embassy Facebook page for updates as well as Live Q&A sessions HERE
  • Check our Brexit section for all the latest news and updates: HERE

READ MORE: 


 

 

 


 

 

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BREXIT

REVEALED: Thousands of Britons still moving to EU countries despite Brexit

More than 42,000 British citizens moved to EU countries in 2023, with the largest groups recorded in Spain, France and Germany, according to data published recently by the EU statistical office Eurostat.

Published: 20 September 2024 16:44 CEST
REVEALED: Thousands of Britons still moving to EU countries despite Brexit

The data refers to the number of first-time residence permits being issued last year.

It’s defined as “any authorisation issued by the authorities of an EU country allowing a third-country national (non-EU citizen) to stay legally on its territory”.

Based on information provided by national authorities to the EU statistical office, 42,029 first-time residence permits were issued to UK citizens in 2023, a slight drop compared to the 45,794 in 2022.

The largest proportion of these permits were issued for employment reasons(13,423), followed by family reunions (11,074), “other reasons” (10,961), and then education (6,571). “Other reasons” include any option not covered by the other three, from retirement to international protection.

Spain and France the most popular

Spain is the country that issued the largest number of new residence permits to UK citizens (10,166), but only 1,266 were because of jobs. Most of the first-time permits (3,768) were issued for ‘other reasons’, followed by family (3,311) and education purposes (1,821).

The recent news that a British football coach was denied a dream move to Real Madrid due to work permit rules showed that Britons can’t move to Spain so easily after Brexit especially for employment reasons.

The coach found out the hard way that getting a work permit to live in Spain is now quite tricky, especially for young Brits, who will need to prove that they’re highly skilled while employers must demonstrate that there are no other suitable candidates.

To give some perspective, although the data is not exactly comparable, Eurostat’s immigration data show that some 23,900 British citizens moved to Spain alone in 2018, and over 33,900 in 2019 – so prior to Brexit.

READ ALSO: The reasons why Brits are moving to Spain post-Brexit

France followed, with 8,114 first residence permits granted to UK nationals (although France’s Interior Ministry released figures earlier this year that revealed a slightly higher number of Brits – 9,261 – had been given residency permits in 2023).

The largest proportion of permits received by Brits in France was for employment reasons (3,649), coming before education (1,798), other reasons (1,666) and family reunions (1,001).

READ ALSO: Thousands of Brits move to France despite post-Brexit hurdles

Germany reported 4,584 first residence permits to UK citizens in 2023, of which 1,765 for work, 1,468 for other reasons, 882 for family reunions and 469 for education.

READ ALSO: The reasons Brits are moving to Germany post-Brexit

The other two most popular countries for British nationals in 2023 were the Netherlands (3,750 first residence permits of which 1,713 for employment) and Portugal (2,565 of which 1,144 for other reasons).

Italy reported 2,177 first residence permits for UK citizens, of which 1,124 for other reasons 621 to join family, 278 for employment and 154 for education.

For Denmark, the total was 1,852, but the majority (1,264) were for work purposes, 280 to join family, 243 for education and 65 other reasons.

Sweden issued 1,632 first residence permits to British nationals, mostly for family reasons (710), followed by employment (474), education (247), and other reasons (201).

Austria reported 529 first residence permits to UK citizens, of which 201 for employment, 191 for family reasons, 70 for education, and 67 for other purposes.

Outside of the EU, but part of the free movement area, Norway registered 1,736 new residence permits to UK nationals, of which 1,033 for employment, 366 to join family, 146 for education, and 201 for other reasons.

In Norway, Britons were the third nationality for first residence permits and in Bulgaria the fourth, although the number of UK citizens moving to Central and Eastern Europe is much lower than in Western Europe.

The Eurostat database does not yet include 2023 data for Switzerland.

Data on first-time residence permits gives a general indication on the number of people who moved to EU countries in a given year, although Eurostat told The Local that “the date of issuance of a permit does not necessarily mean the physical movement of the person on that date, as non-EU citizens might have already temporarily resided on the basis of e.g. short stay visa” or due to irregular stays.

More than 3.7 million first residence permits

In total, in 2023 EU countries reported the granting of more than 3.7 million first residence permits, a 4.7 percent increase compared to 2022, and the highest number ever recorded.

Employment remained the main reason (1.3 million or 33.8%), followed by family (986,000 or 26.4% of the total), other purposes (956,000 or 25.6%) and education (185,900 or 14.3%). The increase compared to 2022 was due to permits issued for education, family reunification and other reasons, while those for employment slightly declined.

The top 10 nationalities receiving these permits were Ukraine, Belarus, India, Morocco, Syria, Türkiye, Russia, China, Brazil and Afghanistan.

Poland issued the largest number of first residence permits in the EU (642,789), followed by Germany (586,144), Spain (548,697), Italy (389,542) and France (335,074).

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