VISITING A NATIONAL POLICE STATION TO REGISTER FOR THE NEW ID CARD FOR UK RESIDENTS IN SPAIN

Last week a EuroCitizens committee member visited a national police station in Madrid to apply for the new third-country-national ID card for UK residents in Spain. Here is a short report of what happened. 

I went today (17 July 2020) to my appointment with the Policia Nacional in Av. Padre Piquer, 18. I arrived an hour early. There was no queue and I was seen very quickly by a friendly senior staff member (she was helping the colleague next to her with system problems).

I was given back my certificado de empadronamiento (registration at local town hall) because it was not needed, as I had not changed address. However it may be worthwhile getting one just in case. However, you definitely need it if you have changed address. My payment of the €12 fee was not queried so, for temporary cards at least, seems the correct one.

The operation for my temporary TIE (ID card for third-country nationals) looked to be basically a straight swap. The page of the EX-23 form where you can list other administrations to give access to your files there, which I had left blank, did not seem relevant to my application for a temporary card as it was given back to me.

My green card and passport were given back. I was told that when I collect the new TIE, I must bring the green card back as it needs to be given in. I was asked if I had photocopies of my green card and passport. I did have a photocopy of the green card but not of my passport. Photocopies are not mentioned in the instructions but it is clearly useful to have them if you can.

I was given a return date for collection of the TIE, and restitution of the green card, of 4 September in the same office. I will get an SMS if it changes. Given we are in both post-Covid lockdown and prime holiday time, the delay is understandable. But you keep your green card for the interim, which therefore covers you.

My photographer did not know if the rules were for photos with or without spectacles. I was told that if you normally wear them the foto should be with them on. Fingerprinting for biometric purposes is done electronically in a similar way to allowing touch access to a mobile phone.

My temporary TIE will be valid until 17 July 2025 - 5 years from today's date. You should clearly keep a record of your green card to have proof yourself of earlier residence, e.g. in the event that you want to apply for a permanent card sooner than the 5 years on your new TIE, as is foreseen in the WA. NB you will not keep the green card for posterity.

I was happy to let the procedure take its course - i.e. towards a hopefully positive outcome.

Conclusions from the visit:

• The procedure looks to be basically a straight swap, at least for the temporary card.
•  You need proof from the padrón (municipal registration list) only if your address has changed from that on the green card. But I thought it useful to have a certificate just in case.  
• For payment with form 790, the code is 012 and, for the temporary card, I paid the €12 fee. 
• Photocopies of your green card and passport are appreciated. Having them will smooth the process even if copies are not mentioned in the instructions.

· For the temporary card at least there looks to be no need to fill in any information about documents with other Spanish administrations.

• If you wear spectacles all the time the photo should be with them.
• Your new card with have a date of validity of (5/10 years) starting with the date of your appointment.
• Best to keep a copy of your green card for your own records as you will have to give it up when you collect the new TIE.
• Useful links:  
•  IOM -  International Organisation for Migration (Madrid, Murcia, Andalusia)
• Spanish government guide on the registration process (English version)
  

REGISTERING FOR THE NEW SPANISH ID CARD PROTECTED BY THE WITHDRAWAL AGREEMENT

The Spanish government's guide to registration.

Legally resident UK citizens in Spain, and those who register (or at least get an appointment to do so) before 31 December 2020, will be protected by the citizens' chapter of the Withdrawal Agreement. This is an international treaty that will stand even if there is no trade deal at the end of this year between the EU and the UK. 

For more information, see the British in Europe guides on the WA and another publication on the Guidance Note that explains how the WA will be implemented. There is also a question-and-answer guide produced by the EU Commission on citizens' rights.

On July 4 the Spanish government announced the implementation of the Withdrawal Agreement for UK citizens living in Spain. From Monday 6 July it has been possible to apply for the special new third-country ID card covered by the WA. The Spanish government has produced a detailed question-and-answer guide in English to help you. Also see a report of our meeting with the Spanish government on 9 July.

If there is something that you do not understand, if you need advice or if you run into problems during registration, you can contact three organisations in Spain. Through the UK National Support Fund these organisations have been contracted by the Foreign Office to help Britons with the new registration procedures:

1. Age in Spain (Catalonia and Baleares)
2. Asociación Babelia (Alicante province)
3. IOM -  International Organisation for Migration (Madrid, Murcia, Andalusia)

See below handouts from Babelia and IOM. These organisations have helplines where you can get advice and they can even accompany people, when necessary, to police stations and foreigners' offices.

EuroCitizens is a campaigning group which is part of the British in Europe coalition. We lobby for your rights and try to provide quality and up-to-date information for UK citizens, but we are not in a position to provide personal guidance and advice. However, if your approach to one of the UKNSF organisations has been unsatisfactory, you can write to us at:
eurocitizens2016@gmail.com

See below handouts from Babelia and IOM:

09/07/2020 EUROCITIZENS MEETING AT THE SPANISH FOREIGN MINISTRY

Spanish Foreign Ministry in Madrid

On Thursday 9 July four EuroCitizens representatives had a most productive meeting with three senior officials at the Ministerio de Asuntos Exteriores, Unión Europea y Cooperación in Madrid. We raised a series of questions related to the implementation of the Withdrawal Agreement in Spain and the registration of Britons for the recently announced third-country-national ID card under the WA. For example, we asked about the length of validity of our existing documentation from 1 January onwards and the situation of Britons who will also be EU family members - as well as mentioning the need for requirements for first-time registration as residents to take into account the financial impact of the COVID emergency.

The Foreign Ministry officials took note of our queries and said that they would get back to us with specific answers. The Spanish Government is currently working on a detailed guide for Britons in Spanish and English and has proposed that an inter-ministerial committee should be set up to coordinate the implementation of registration. On the issue of previously unregistered Britons, they stressed the importance of getting an appointment to apply for residence before the end of this year, as this would help citizens establish their right to be protected by the Withdrawal Agreement.

The Ministry officials also stressed that, while everyone who is already registered has had the right as from 6 July to apply for the new TIE (third-country-national ID card), their current documents confirming residence (green cards, A4 sheets, etc.) will remain valid. Thus everyone is free to decide when to apply and there will be no imminent deadline requiring an immediate application. We mentioned the need, in these circumstances, for the Spanish authorities to ensure that other EU Member States also were aware of this.

The Spanish Ministry and EuroCitizens agreed on the importance of proactive communication, both to British citizens and relevant Spanish authorities and administrative bodies, as a key factor of smooth implementation. EuroCitizens will inform the Spanish administration of further doubts or issues and both sides agreed on the need to maintain the current dialogue on the implementation of the Withdrawal Agreement, in the same way as was done for the no-deal preparations throughout 2019.

Our next meeting to discuss these issues will be held in September or October.

A SPECIAL THIRD-COUNTRY-NATIONAL ID CARD FOR BRITONS IN SPAIN

The EX23 form.

Under the EU/UK Withdrawal Agreement, UK residents living in the EU lost our condition as European Citizens when the UK officially left the EU on 31 January 2020, though most of our rights will stay the same until the end of the transition period which finishes on 31 December 2020. 

 

After some delay, caused notably by the COVID emergency, the Spanish Government has published its plans for registering Britons under the new status of third-country nationals. To do this, Spain has chosen the more benevolent route (WA 18,4 - declaratory) which involves the confirmation of status for legally resident Britons rather than having to re-apply for it (as in 'constitutive' countries like the UK or France).

From yesterday, 6 July, legally resident Britons in Spain can apply for an ID card establishing our status as third-country nationals (TCN) protected by the Withdrawal Agreement. Under the declaratory route this will not be compulsory and there is no 'legal cliff edge' but, in practice, having the new ID card will avoid any possible problems whilst travelling abroad and carrying out day-to-day transactions in Spain.

Those UK citizens who arrive in Spain after 1 January 2021 will be treated as pure third-country nationals and face exactly the same requirements as others from non-EU 'third countries' unless free movement is included in any future agreement between the UK and the EU, something which currently looks highly unlikely. However, new arrivals before 31 December will still be covered by the Withdrawal Agreement if they apply for residence, meet the requirements and demonstrate proof of residence before that date.

The Boletín Oficial del Estado (Official Gazette) of 4 July 2020 published detailed ‘instructions’ as to how we will be able to change our EU residence certificates for the new ID cards.

It outlines the steps that each of these groups will have to take:

i- Existing long-term EU residents.

ii- Temporary residents who have completed five years legal residence.

iii- Temporary residents with under five years residence.

iv- New arrivals without certificates.

v- Family members of registered or unregistered Britons.

For legally resident Britons the procedures should be fairly straightforward, involving visits to police stations, the filling in of a form, the paying of a fee and the presentation of a valid passport plus photos. The permanent resident card must later be renewed after ten years, which is in line with the duration of the Spanish DNI and Spanish and UK adult passports. The temporary residents' ID card can be changed for a permanent resident card as soon as you have completed five years legal residence.  

Unregistered Britons will first have to apply at a foreigners' office (oficina de extranjería) for residence as a UK citizen protected by the Withdrawal Agreement. This must be granted before you can then apply for a temporary residence card as a third-country national (WA). So two steps are involved.

EuroCitizens welcomes this information from the Spanish government, which gives some clarity about what Britons in Spain will have to do over the next few months. We are also happy that the new Spanish ID card will specify the status of ‘Permanent Residents’ which grants longer periods of absence.

However, we will be looking for clarification on various issues:

i- How Britons will be informed of the registration procedures, what measures will be taken to ensure that implementation is carried out uniformly and smoothly throughout the different autonomous regions and provinces (particularly those like Alicante and Málaga with large British populations) and what help will be given to vulnerable groups.
 

ii- The situation of Britons who will also be EU family members as well as third-country nationals protected by the Withdrawal Agreement and thus stand to lose some of their rights if they opt for one or another status.

iii- What steps will be taken to ensure that existing documentation for Britons in Spain (as EU citizens) is still valid for international travel and in-country transactions for a reasonable ‘grace’ period.

Tomorrow morning EuroCitizens will be taking part in a 'catch-up call' with staff at the UK Embassy. On Thursday we will be having a meeting in Madrid with officials from the Spanish administration.