In the first
three months of this year, with the prospect of a no-deal Brexit at the end of
March, there was a spectacular rise in the number of Britons in Spain applying
for Spanish residence certificates. However, in April this number went down by
half, especially in key provinces in Andalusia and Levante as well as in
Baleares and Madrid.
What does this fall in numbers mean? According to Spanish government and Foreign Office estimates, there are still considerable numbers of unregistered Britons in Spain, despite having been resident in the country for more than three months. It is possible that in March some UK citizens in provinces like Alicante or Málaga had problems getting appointments to apply for residence. However, the Spanish government informs us that appointments are currently being given with no problems in even the busiest 'comisarías de Policía' —and applications can easily be made online.
Why should you register immediately if you have not yet done so and have spent more than three months here? The first reason is that it is compulsory under EU and Spanish law and undocumented residents can face all kinds of administrative difficulties. The basic principle is that, if you have been in Spain for more than three months, or you are intending to spend more than 90 days in any 180 days in Spain, this situation will only be lawful if you are registered with the Spanish authorities. Secondly, even getting an appointment with the Spanish authorities to apply for residence will hugely facilitate the process of re-registration, that will be necessary, after the end of October (when a no deal now looks more likely). If you have not started the registration process by then, and wish to continue to reside in Spain, under the Spanish Brexit contingency plans for citizens (Royal Decree 5/2019) you will need to provide detailed documentary proof of residence prior to Brexit. Finally, as the next Brexit deadline looms after the summer, numbers of applications will no doubt surge again and your application could get caught in the rush.
So, starting the process of registration while you can still do so as an EU citizen, brings you a whole series of benefits. It legalises your situation in the country under EU conditions (much more benevolent than those for third-country nationals). It will also make post-Brexit paperwork in respect of registration much, much easier for you. NB, if you feel your fiscal situation is relevant you should seek advice to clarify your position in this regard as soon as you can. If you do have any problems getting an appointment for registration, get in touch with your UK consul.
*
Clarification on the situation on EU residence certificates for UK citizens in Spain after speaking this afernoon to a Spanish government spokesperson:
Firstly, it is true that from early March appointments were cancelled or changed due to the imminent departure of the UK, which meant that Britons with appointments after the Brexit date would need to apply as third-country nationals and not as EU citizens. However, this situation was immediately reversed after the April agreement, which meant that we would still be EU nationals for another six months. Thus people now have a real opportunity to get registered under the more benign EU conditions.
Secondly, while on the government website it says that you should go to either an 'oficina de extranjería' or 'comisaría de Policia Nacional', in practice it is the latter that you need to apply to. Though of course it is all much easier doing it online.
We hope that this helps. This is a good example of how all the uncertainty caused by Brexit has made it complicated for everyone, including the Spanish authorities who have the biggest population of Britons.
Clarification on the situation on EU residence certificates for UK citizens in Spain after speaking this afernoon to a Spanish government spokesperson:
Firstly, it is true that from early March appointments were cancelled or changed due to the imminent departure of the UK, which meant that Britons with appointments after the Brexit date would need to apply as third-country nationals and not as EU citizens. However, this situation was immediately reversed after the April agreement, which meant that we would still be EU nationals for another six months. Thus people now have a real opportunity to get registered under the more benign EU conditions.
Secondly, while on the government website it says that you should go to either an 'oficina de extranjería' or 'comisaría de Policia Nacional', in practice it is the latter that you need to apply to. Though of course it is all much easier doing it online.
We hope that this helps. This is a good example of how all the uncertainty caused by Brexit has made it complicated for everyone, including the Spanish authorities who have the biggest population of Britons.
