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

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

  • Link to appointment system here
  • Links to new application forms here
  • modelo 20

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.

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: