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| 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.
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.
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.
