Undoubtedly one of the most recurring questions in our office over recent months have been those relating to Brexit, as we approach the end of the transitional period of the withdrawal agreement which ends on 31st December 2020.
You must register in Spain as resident if you are going to stay for more than 3 months.
What to do?
The situation is different depending on whether you were a resident in Spain before the withdrawal of the United Kingdom from the European Union or not.
For those who were resident at that time, their residence and working rights are expected to be maintained, including access to Social Security (if they were entitled to it). Therefore, in 2021 they will not have to obtain a work permit to continue their activity in Spain whether they are self-employed or employees, and you will benefit from the provisions of the Withdrawal Agreement.
The card types resident permit and A4 format, will continue to be valid documents, although since July 6th a residence document can be requested in TIE format (Tarjeta identificación extranjero) which also includes the photograph of the beneficiary and will be valid for identification purposes.
The request will be made by the interested party or his legal representative (by proxy) before the special immigration offices of each province. In Granada province they are located at Calle San Agapito, 2, 18013 Granada
An appointment must be obtained in advance through an online request on the website https://sede.administracionespublicas.gob.es/icpplus/index.html
Documentation required common to all cases of residency:
- Valid passport of the applicant.
- Empadronamiento (certificate of inscription at your local town hall) (no more than 3 months old)
- In case of acting as a legal representative, power of attorney and passport/ID of the representative.
- Copy of the card or certificate of registration proving residence in Spain. (only if you were resident in Spain).
- One photograph with the dimensions the same as used for a passport.
- Copy of the lease agreement of the home you occupy or property deed.
Depending on whether you are an employee or self-employed in Spain:
- Employment contract registered in the Employment office. SAE (servicio andaluz de empleo)
- “Vida laboral certificate” (Report on working life) issued by Social Security.
If you are self-employed:
- IAE registration (Impuesto actividades económicas. (Issued by AEAT).
- Social security certificate of inscription.
If you do not work in Spain, you must provide:
- Copy of the private/ public health insurance policy, or if they are pensioners a S1, (which will need to be registered at the local Health Center to access healthcare.
- Documentation that proves sufficient resources to live on for the period of residence in Spain.
If you have any queries about the S1, you can email: email@example.com or call +441912181999. You can read more information about S1 on the web. https://www.gov.uk/guidance/healthcare-in-spain-including-the-balearic-and-canary-islands#s1
Before applying for the S1, be aware that if you are moving abroad on a permanent basis, you’ll no longer automatically be entitled to medical treatment under normal NHS rules. This is because the NHS is a residence-based healthcare system.
When documents from other countries are provided, they need be officially translated into Spanish, except in the case of standard forms of the European Union (healthcare models S1, E109, E121).
Forms to be filed:
- EX23 application form. (If you were resident previously, have a residency card and want to obtain the biometric TIE card).
- EX20 application form. (If you apply for residency after the 6th July 2020).
- Payment of the fee to obtain the biometric TIE card.
Unlike the residency certificates previously (where residence was usually granted at the same time of the application at the office of the national police immigration service), this new system requires the applicant of the residence permit to appear in person after being summoned to the offices of the immigration service in the district where you live. For example, in the case of British citizens living on the coast, at the Motril offices. This procedure will have to be done personally and not through a representative, since the applicant’s fingerprints will be taken.
If the application meets the requirements, the resolution on the residency document will be issued and notified within three months.
This residence document will be valid for five years and the term «Temporal» will be entered in the field corresponding to the Type of Permit. Once expired, it will be renewed.
Those who have 5 years of legal residence in Spain will have permanent residence, in which case the validity of the residence document will bear the mention of “permanente” and its validity will be 10 years from its issue.
For more information you can consult the joint Instruction of the General Directorate of Migrations and the General Directorate of the Police, which determines the procedure for the issuance of the residence document provided for in article 18.4 of the Withdrawal Agreement, published in the BOE of 4 July 2020.
Have also into account that the driving licence rules will stay the same until 31 December 2020, and that if you are resident in Spain, you should exchange your UK license for a Spanish one.