BREXIT NEWS. LAWYERS

 In Inmigration Law, Ruiz Ruiz Abogados

BREXIT. 

WITHDRAWAL AGREEMENT. TRANSITIONAL PERIOD UNTIL 31 DECEMBER 2020.

The British citizens and their Non- European family members, who reside or arrive in Spain before 31 December 2020, will have the same rights in terms of residence, free movement and Social Security recognized by the Withdrawal Agreement.

The British citizens and their Non-European family members, who arrive after 31 December 2020, will have the rights recognized by a possible future relationship between the EU and the UK, or rights that recognized by Spanish law.

 

NEWS. 6 JULY 2020. Possible situations;

  1. BRITISH CITIZENS.

– British citizens with permanent EU Registration Certificate, (CRUE).

It is recommended, although actually it is not mandatory, to obtain at the Police Station the Card that proves to be a beneficiary of the Withdrawal Agreement, valid for 10 years.

– British citizens with temporary EU Registration Certificate residing in Spain for more than 5 years.

They will request the Card to be beneficiaries of the Withdrawal Agreement, which will be valid for 10 years, it is recommended but currently it is not mandatory.

– British citizens with a temporary EU Registration Certificate, without having 5 years of residence in Spain.

The Card that proves to be a beneficiary of the Withdrawal Agreement must be processed, which will be valid for 5 years, however, this process is not mandatory, they can wait for the temporary CRUE card to expire.

– British citizens living in Spain without a Certificate.

From 6 July 2020 and until 31 December 2020, they have to apply for residency at the competent Immigration Offices proving that they live in Spain.

– British citizens who arrive Spain after 6 of July 2020.

A new process has been established before the competent Immigration Offices for the residence application, which must be carried out during the first 3 months from arrival in Spain.

 

  1. NON-EUROPEAN FAMILY MEMBERS OF BRITISH CITIZENS. 

Relatives with a Temporary Community Relative Card, without 5 years of residence in Spain.

The Card will be replaced by the new residence document accrediting to be beneficiary of the Withdrawal Agreement, it will be valid for 5 years.

– Relatives with a Temporary Community Relative Card, but have 5 years of residence.

You will request the permanent Card, valid for 10 years.

– Relatives with a Permanent Community Relative Card.

The card will be replaced by the express one of the Withdrawal Agreement, valid for 10 years.

– Relatives without a Community Relative Card living in Spain.

You have to apply for a UK citizen relative’s residence document.

– Relatives without a Community Relative Card who arrive in Spain after 6 of July 2020 and before 31 December 2020.

The new residence document for a relative of a citizen of the United Kingdom will be requested, within a period of 3 months from arrival in Spain, valid for 5 years.

 

NOTE: THESE GUIDELINES ARE DICTATED DURING THE TRANSITIONAL PERIOD, THAT IS, UNTIL 31 OF DECEMBER 2020, WE DO NOT KNOW THE LEGISLATION THAT WILL BE EFFECTIVE AFTER THE TRANSITIONAL PERIOD. THE BRITISH CITIZEN AND HIS FAMILY MEMBERS WHO WISH TO ESTABLISH IN SPAIN, ARE RECOMMENDED TO REGULATE THIER STATUS BEFORE 31 DECEMBER 2020.

AFTER THE TRANSITIONAL PERIOD BRITISH CITIZENS AND THEIR RELATIVES WHO CAN PROVE TO LIVE IN SPAIN, IT IS POSSIBLE THAT THEY MAY APPLY TO BE BENEFICIARIES OF THE WITHDRAWAL AGREEMENT, BUT THIS IS NOT YET LAWED.

BRITISH CITIZENS AND THEIR FAMILY MEMBERS ARRIVING IN SPAIN AFTER 31 OF DECEMBER 2020, THE GENERAL FOREIGN LAW WILL BE APPLIED TO THEM, AND THEY WILL BE ABLE TO GET THE SPANISH RESIDENCE THROUGH; NON-LUCRATIVE RESIDENCE, GOLDEN VISA, “ARRAIGO”…

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