TIE residence document: article 18.4 of the Withdrawal Agreement of the UK and the European Union

If you can substantiate that you had everything in place pre 31/12/2020 to be considered as a settled status resident of Spain – i.e funds, health care, empadronamiento (and /or in some cases flight tickets, utility bills etc) or if not retired or early retired, documented employment or self employment in Spain pre 31/12/20, but just couldn’t get an appointment at immigration, r sort out your documentation in time– you may still be able to make a residence application under the old transition rules taking advantage of article 50. In order to qualify you must have DOCUMENTRY EVIDENCE that you had qualifying criteria as at or before the 31/12/20. If that is not the case then settled status residence applications must begin with a Visa application by appointment at the Spanish Embassy/Consulate IN THE UK.

If you are an elderly individual struggling with the residency process you may be able to get help from Residency Helpline | Spanish residency help for UK Nationals | Age in Spain a charity which has been funded by the UK Government

*** start here: How to get the right TIE appointment – with screen shots click here

  • Link to appointment system here
  • Rules for New Arrivalsafter 6 July 2020 and documented arrival before the end of the Brexit transition period (31/12/20)
  • Links to new application forms here
  • modelo 20 only presented in Santa Cruz or digitally
  • modelo 21 non Spanish non European(3rd country nationals) family members of British citizens
  • modelo 23 application for TIE plastic card either with an existing green residence certificate OR a favourable resolution from a modelo 20 or 21 application; physical appointments only at Santa Cruz Puerto de la Cruz or Las Americas.
Autorizaciones de Extranjería (administracionespublicas.gob.es)

As of the end of the transition period British citizens and their non-EU family members are now subject to all Spanish immigration rules for third-country nationals, meaning any privileges under EU freedom of movement will come to an end. However, UK nationals and their family members who established the residence in other EU Member State before the end of the transition period in accordance with EU free movement law, will maintain their free movements rights after 31st December 2020. In compliance with EU Regulation 2018/1806 of the European Parliament and of the Council of 14 November 2018 British passport holders travelling to Schengen countries for holidays, business or to visit family do not require a visa for stays of up to 90 days in a 180 day-period, provided the visit is not for gainful activity.  Please note that the 90 days will start counting from the date they enter any of the Schengen countries, including Spain. British citizens and their family member need visa for journey undertaken after 31st December 2020 for the purposes of residence, studies for period larger than 90 days, work, professional, artistic or religious activities. Further information in English here : Pages – Long-Term Visas (exteriores.gob.es)

Continue reading at https://theonestopproblemshop.com/non-lucrative-residence-visa/ | The One Stop Problem Shop


Link to procedures in detail

Legislation (Jump straight to#Procedures):

Before continuing to read; IT IS ALSO IMPORTANT TO NOTE THAT BRITISH CITIZEN HOLDERS OF AN EU CITIZEN GREEN RESIDENCE REGISTRATION CERTIFICATE EITHER A4 SIZE OR GREEN PAPER CREDIT CARD SIZED HAVE NO OBLIGATION TO DO ANYTHING UNLESS THEY SO WISH. THE GREEN DOCUMENTS ARE COMPLETELY VALID FOR THE TIME BEING however it may be convenient for them to apply for a Biometric TIE residence permit to document their permanent status and for practical purposes of identification. The Spanish authorities advise that the new TIE card is more physically durable that the (green) paper registration certificate, and will be useful for other administrative processes as well as for use at the external border.

Joint instruction of the General Directorate of Migrations and the General Directorate of the Police determining the procedure for the issuance of the residence document provided for in article 18.4 of the Withdrawal Agreement of the United Kingdom of Great Britain and Northern Ireland of the European Union and the European Atomic Energy Community On January 31, 2020, the United Kingdom ceased to belong to the European Union and said exit is regulated by the Withdrawal Agreement of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (de Hereinafter “Withdrawal Agreement” or “Agreement”) negotiated and ratified by both parties. This Agreement entered into force on February 1, 2020. However, this Agreement establishes a transitional period that will last, in principle, until December 31, 2020. During its validity, the European Union legislation on free movement will continue to be applicable. Accordingly, as determined in the second part of the Agreement (relating to citizens’ rights), all rights will remain until December 31, 2020 as if the United Kingdom were still a member of the European Union. This implies that UK nationals will be able to enjoy their free movement rights in Spain until the end of 2020. Therefore, those who have exercised their right to reside or work in accordance with Union Law before the end of the period transitory and who continue to do so after that period, will have exactly the same rights under the Withdrawal Agreement as persons who arrived before Brexit, also being subject to the same restrictions and limitations. Thus, the Agreement is the norm that governs and will govern regarding the conditions of residence and the rights of the people included in its personal scope of application.

Those who arrive after the end of the transitional period and who are not included in it, will be considered third-country nationals and, without prejudice to the application of a special future mobility regime, will be subject to the provisions of the general regime of foreigners. See here

Therefore, once the Withdrawal Agreement has entered into force, the following regimes are distinguished: the regime for citizens of the Union, provided for in Royal Decree 240/2007, of February 16, on entry, free movement and residence in Spain of citizens of the Member States of the European Union and of other States party to the Agreement on the European Economic Area; the regime applicable to nationals of the United Kingdom, their family members and any other persons included in the scope of the Withdrawal Agreement, who will be subject to its provisions (that is, the application of European Union law in the matter of free movement with the specialties and particularities established therein); and that of third-country nationals, to whom the so-called general immigration regime will apply and which includes UK nationals who are not beneficiaries of the Withdrawal Agreement. In view of the above, Chapter 1 of Title II of Part Two of the Agreement sets out the conditions of residence for United Kingdom nationals and their family members in the host State and for Union citizens in the United Kingdom, as well as the aspects related to its documentation.

The purpose of this documentation process is to differentiate

(1) between those who are included in its scope and (2) those who are not, mainly, for arriving in Spain after the end of the transitional period. And this is because:

the former, those who reside in Spain before December 31, 2020, will have the rights of residence, free movement and Social Security recognized by the Withdrawal Agreement.

While those who arrive after that date will have different rights, either those recognized by the future relationship between the European Union and the United Kingdom, or, failing that, those recognized by Spanish law.

For its part, Article 9 (c) (ii) defines the host State as one in which the United Kingdom national and members of his family have exercised their right of residence in accordance with Union law before the end of the transitional period and in which he continues residing after said date. The Withdrawal Agreement does not require physical presence in the host State at the end of the transitional period (temporary absences that do not affect the right of residence are accepted, as well as longer absences that do not affect the right of permanent residence). According to this definition, Spain is the host State for nationals of the United Kingdom and members of their family residing in its territory (as determined in Articles 9, 10 and 13 of the Agreement). In order to document UK nationals, their family members and any other persons residing in Spain under the conditions set out in Title II of the Agreement, and based on the two options offered by the Withdrawal Agreement In its article 18, the Government of Spain has opted for the application of article 18.4 according to which “If the host State chooses that citizens of the Union or nationals of the United Kingdom, members of their families and any other persons who reside in their territory in accordance with the conditions established in this title do not have to apply for a new status of resident in accordance with section 1 to have legal residence, the persons who correspond to one of the residence rights established in this Under the conditions established in Directive 2004/38 / EC, they will be entitled to receive a residence document, which may be in the format digital, mentioning that it has been issued in accordance with this Agreement », articulating a documentation process based on the current registration system that also guarantees the right set forth in Article 18.4 to obtain a new residence document. By virtue of this, nationals of the United Kingdom, the members of their families and any other persons residing in Spain in accordance with the conditions established in the Agreement will not be obliged to apply for a new resident status nor, therefore, submit to to a new documentation process, but they will have the right to receive, in accordance with the provisions of Directive 2004/38, a residence document that expressly reflects their status as beneficiary of the Withdrawal Agreement. Furthermore, pursuant to Article 19 of the Withdrawal Agreement, this residence document is allowed to be applied for, voluntarily, during the transitional period. Based on this and to avoid double petitions, a system has been set up in which applications for registration certificates or residence cards of a family member of a Union citizen that are requested during the transitional period by those nationals of the United Kingdom, Members of their families and any other persons residing in Spain in accordance with the conditions established in Title II of the Agreement, shall be understood and processed as requests for this residence document in Article 18.4 of the Agreement. For the issuance of residence documents referred to in Article 18.4 of the Agreement, the Decision (EU) 2020/135 of the Council of January 30, 2020, regarding the conclusion of the Withdrawal Agreement, which seeks to guarantee, within the European Union, uniform conditions in the issuance of documents with the objectives of facilitating the recognition of the same, especially by the border control authorities; and, to prevent counterfeiting and alteration through high-level security measures (recital 13). To this end, this Decision gives the Commission, in its Article 5, the possibility of adopting an implementing act in order to establish the period of validity, the format and the security characteristics of the documents that the Member States will issue, as well as the common declaration that must appear in them. Said implementing acts shall be adopted in accordance with the examination procedure referred to in Article 6 of said Decision. On this basis, the Commission Implementing Decision of 21 February 2020 on the documents to be issued by the Member States under Article 18 (1) and (4) and Article 26 of the Agreement (hereinafter) has been approved. hereinafter “Commission implementing decision”). According to this Commission Implementing Decision, the uniform model of residence permit for third-country nationals provided for in Council Regulation EC No. 1030/2002 is the model to be used for the issuance of residence documents . Along with this format, it is established that their validity period must be between 5 and 10 years. In relation to validity and taking into account the provisions on temporary and permanent residence contained in the Withdrawal Agreement, it has been decided that temporary residence documents will be valid for 5 years and permanent ones for ten years. In addition, the Decision specifies a series of elements that must appear in these documents. Thus, in the residence documents of article 18 of the Agreement, in the field corresponding to the Type of permit must appear “article 50 TEU” and, in the field corresponding to Observations, it must be recorded that it has been issued in accordance with article 18.4 of the Agreement. Taking into account, therefore, the aforementioned regulatory provisions (Withdrawal Agreement, Council Decision (EU) 2020/135, of 30 January 2020 and Commission Implementing Decision) and with the aim of producing a uniform application of the same in the issuance of residence documents of article 18.4 of the Agreement, these management centers in the exercise of the powers attributed respectively to them in article 6.1.b) of Royal Decree 497/2020, of April 28, by which the basic organic structure of the Ministry of Inclusion, Social Security and Migration is developed and article 5. A) .1.º of Royal Decree 139/2020 by which the basic organic structure of the ministerial Departments is developed, dictate the following Instructions: