August 28, 2020

Spain: Rights of UK Nationals During the Transitory Period

As per the Withdrawal Agreement signed on January 24th 2020, nationals of the United Kingdom and their family members who arrive in Spain after December 31st 2020 will be considered third country nationals and will be subject to a different regime than the one in effect as a result of being part of the European Union.

The transitory period, during which UK nationals and their family members who arrive in Spain have the same rights as those arriving before the signing of the agreement, is valid through December 31st, 2020.

What has changed?

UK nationals and their family members arriving during the transitory period will have the option to apply for a residence card to prove their status as beneficiaries of the Withdrawal Agreement.

It will be possible to apply for the residence card from July 6th until December 31st. Those with the right to receive this document once the transitory period is over will have a window of three months to apply for the card after their arrival in Spain, or after the date of birth for those born in the country.

If the application is submitted outside the deadline, the authorities will consider all circumstances and reasons for the delay and could grant an additional period if the reasons are deemed sound.

The application process will differ depending on whether the UK national and any family members are already in possession of an EU Registration Card.

The residence card will have a validity of either 5 or 10 years, depending on the applicant’s circumstances, and is automatically renewable.

Who is affected?

UK nationals and their family members, as well as those persons with this right according to the Withdrawal Agreement.

What to expect /impact?

UK nationals and their family members arriving during the transitory period will enjoy the same rights and be subject to the same limitations as EU nationals.

Those arriving once the transitory period is over will be considered third country nationals and will be subject to the general domestic immigration laws.

For further information on the application for a residence card during the transitory period, please contact the Sterling Lexicon immigration team at immigration@sterlinglexicon.com.  

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