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

New Arrivals after 6/7/2020 and before the end of the transition period

If the national of the United Kingdom is not the holder of a registration certificate (New Arrivals before the end of the transition period), he may present the application for this residence document, personally or by his representative, at the immigration office of the province in which he resides or intends to establish his residence , or by electronic means (Digital certificate or Clave required). Once this has been granted, you must go to the police department that is authorized to issue the document, after paying the established fees.

i. On the proceedings before the immigration office: – The competence to resolve these requests corresponds to the person who is the head of the immigration office. – This request must be submitted in accordance with the provisions of the 3rd instruction ( in 2 steps)-

Step 1 At the time of your request, the following documentation must be provided:

• Application form -EX 20 Application for residence document article 18.4 for nationals of the United Kingdom (Withdrawal agreement of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community).

• In date and valid passport of the applicant. In the event that the passport is expired, a copy of these and the renewal application must be provided.

Documentation proving that the applicant is included in the personal scope of the Agreement, specifically, from the beginning of his residence in Spain, any means of evidence admitted in law must be admitted.

• Documentation provided for in Article 3 of Order PRE / 1490/2012, of July 9, laying down rules for the application of Article 7 of 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. As well as the list of Previous Requirements also provides for UNDER CERTAIN CIRCUMSTANCES that the authorities may, exceptionally, request information on possible criminal records of the interested party from the authorities of the State of origin or those of other states and likewise, when public health reasons so advise, the interested party may be required to present a medical certificate accrediting their state of health.

In the case of members of the family of the United Kingdom national who also hold British nationality, they must prove that said United Kingdom national, with whom they meet or accompany, fulfills the conditions depending on the situation in which they are found. – Once the application has been received, a proof of the presentation of the application for the residence document will be delivered immediately, which will be sufficient to prove your legal stay status until its delivery. The possession of the receipt may not be a precondition for the exercise of other rights or the completion of administrative procedures, provided that the beneficiary of the rights can prove their situation by any other means of proof. – Once the application is registered and in the event that it is not inadmissible for processing, its processing will begin, which will entail the evaluation of the documentation presented. – If the application does not meet the necessary requirements for processing, the interested party will be required to correct the faults or accompany the required documents within ten business days, indicating that, if they did not do so, they will be will consider your request withdrawn, after a reasoned resolution, which does not exhaust the administrative route, and which may be appealed against before the person in charge of the corresponding Government Delegation or Sub delegation, in accordance with the provisions of section 2. ª, Chapter II of Title V of Law 39/2015, of October 1, of the Common Administrative Procedure of Public Administrations. – If the application meets the requirements, the resolution on the residence document will be issued and notified within a maximum period of three months.

Step 2 ii. On the actions before the police agency: – Within a month from the notification of the resolution on the residence document, you must personally request its issuance. – At the time of their request, the interested citizen must provide the following documentation:

• Application form -EX 23 Card application (art. 18.4 Withdrawal Agreement). • In date and valid passport of the applicant. In the event that the passport is expired, a copy of it and the renewal application must be provided.

• Proof of payment of the corresponding fee (form 790, code 012).

• A photograph, in accordance with the requirements established in the national identity document regulations. – At the time of the delivery of the residence document, the citizen must prove to be the recipient of this through the presentation of their In date and valid passport. – This residence document will be valid for five years for those cases whose residences do not reach five years and, therefore, in the field corresponding to the Type of Permit, the term “Temporary” shall be entered; and ten years for those cases whose residences are greater than five years and, therefore, in the field corresponding to the Type of Permit, the term “Permanent” shall be entered. After its validity, it must be automatically renewed in accordance with the provisions of instruction 6.

Those persons who have reached five years of legal residence in Spain may access permanent residence (as established in Article 15 of the Agreement) before the validity of the residence document issued expires, requesting personally or by their representative, in the immigration office of the province in which you reside, or by electronic means the issuance of a new residence document. The immigration office, in accordance with the procedure established in this letter d) will verify the duration of the residence. Once this has been granted, you must go to the police department that is authorized to issue the document, after paying the established fees. This new residence document will be valid for ten years and the term “Permanent” will be entered in the field corresponding to the Type of Permit. After its validity, it must be automatically renewed in accordance with the provisions of instruction 6.

Fifth. Issuance of the residence document provided for in article 18.4 to family members and any other persons, nationals of third countries, residing in Spain in accordance with the conditions established in the Agreement. 1. Family members and any other persons, nationals of third countries, residing in Spain in accordance with the conditions established in the Agreement may request, in accordance with the provisions of article 18.4 thereof, a residence document. This residence document will be issued in accordance with the uniform model of residence permit for third-country nationals provided for in EC Regulation No. 1030/2002 and must be indicated in the field corresponding to the Type of permit «Article 50 TEU» and, in the field corresponding to Observations, the following phrase “issued in accordance with Article 18.4 of the Withdrawal Agreement” must be included. 2. Applications may be submitted, according to the third instruction, from July 6. In the case of people whose right of residence in Spain begins after the end of the transitional period in accordance with the provisions of Title II of the Agreement, the deadline for submitting the application will be three months from their arrival in Spain or from the produces the birth, without prejudice to the possibility of granting a sufficient additional period for well-founded reasons. 3. The procedure for obtaining this document is established based on whether the family member or any of the other persons, third-country nationals, included in the scope of application, is the holder of a family card of a citizen of the Union, temporary or permanent; or, lacks the same for not having requested it before the date set forth in these instructions or for having arrived in Spain in the period from the date set forth in these instructions (that is, after July 6) and the end of the transitional period or at a later time. Depending on the assumption in which the interested citizen is, obtaining this residence document will require one step (before the police agencies that are empowered to issue it, upon payment of the established fees) or two steps (before the office of foreigners that will grant, where appropriate, the residence document and, later, before the police department that is empowered to issue the document, upon payment of the established fees). Remember that: – The withdrawal agreement does not require physical presence in Spain at the end of the transitional period, and temporary absences that do not affect the right of residence must be accepted, in accordance with article 11 of the Agreement, as well as longer absences that do not affect the right of permanent residence. This element should be considered both for the issuance of the residence document and for its renewal. – In relation to permanent residence, the rules regarding the prior residence terms remain in force in accordance with article 15 of the Agreement. – Applications for a residence card for a family member of a citizen of the Union shall be understood and processed as applications for this residence document, the provisions of this instruction being applicable. – The periods of residence in Spain prior to your application will be considered in accordance with article 16 of the Agreement. Therefore, despite the fact that according to the Commission’s Implementing Decision, the residence documents issued must have a minimum validity of five years, applications will be accepted for the issuance of a new permanent residence document when the requirements are met. provided for in article 15 (including the five years of legal residence in Spain) despite the fact that the first residence document issued has not exhausted its validity. It will be presumed that the start of legal residence in Spain has occurred on the date of issuance of the temporary registration certificate if it had been issued. a) If the family member or another person, a third-country national, is the holder of a temporary card for a family member of a citizen of the Union and has not reached five years of legal residence in Spain, he or she may apply in person, before the police agencies established , the issuance of the residence document. – At the time of their request, the interested citizen must provide the following documentation: • Application form -EX 23 Card application (art. 18.4 Withdrawal Agreement). • Applicant’s full valid passport. In the event that said document is expired, a copy of it and the renewal application must be provided. • Form supporting the payment of the corresponding fee (model 790 code 012). • A photograph, in accordance with the requirements established in the national identity document regulations. – At the time of the delivery of the residence document, the citizen must prove to be the recipient of it by presenting their In date and valid passport. – This residence document will be valid for five years and the term «Temporary» will be entered in the field corresponding to the Type of Permit. After its validity, it must proceed in accordance with the provisions of the 6th instruction Those persons who have reached five years of legal residence in Spain may access permanent residence (as established in Article 15 of the Agreement) before the validity of the residence document issued expires, requesting the issuance of a new document of residence to the police units that are enabled that, after verifying the duration of the residence, will issue it. This new residence document will be valid for ten years and the term “Permanent” will be entered in the field corresponding to the Type of Permit. After its validity, it must be automatically renewed in accordance with the provisions of instruction 6. b) If the family member or another person, a third country national, is the holder of a temporary card for a family member of a citizen of the Union and has reached five years of legal residence in Spain, he / she may submit the application for this residence document, personally or by your representative, at the immigration office of the province in which you reside, or by electronic means. Once this has been granted, you must go to the police department that is authorized to issue the document, after paying the established fees. i. On the proceedings before the immigration office: – The competence to resolve these requests corresponds to the person who is the head of the immigration office. – This request must be submitted in accordance with the provisions of the 3rd instruction – At the time of the request, the following documentation must be provided: • Application form -EX 21 Application for residence document art. 18.4 for family members, NTP, of nationals of the United Kingdom (Withdrawal Agreement of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community). • In date and valid passport of the applicant. In the event that said document is expired, a copy of it and the renewal application must be provided. • Documentation supporting the assumption that entitles the document. – Once the application has been received, a proof of the presentation of the application for the residence document will be delivered immediately, which will be sufficient to prove your legal stay status until its delivery. The possession of the receipt may not be a precondition for the exercise of other rights or the completion of administrative procedures, provided that the beneficiary of the rights can prove their situation by any other means of proof. – Once the application is registered and in the event that it is not inadmissible for processing, its processing will begin, which will entail the evaluation of the documentation presented. – If the application does not meet the necessary requirements for processing, the interested party will be required to correct the faults or accompany the required documents within ten business days, indicating that, if they did not do so, they will be will consider your request withdrawn, after a reasoned resolution, which does not exhaust the administrative route, and which may be appealed against before the person in charge of the corresponding Government Delegation or Subdelegation, in accordance with the provisions of section 2. ª, Chapter II of Title V of Law 39/2015, of October 1, of the Common Administrative Procedure of Public Administrations. – If the application meets the requirements, the resolution on the residence document will be issued and notified within a period of three months. ii. On the actions before the police agency: – Within a month from the notification of the resolution on the residence document, you must personally request its issuance. – At the time of their request, the interested citizen must provide the following documentation: • Application form -EX 23 Card application (art. 18.4 Withdrawal Agreement). • In date and valid passport of the applicant. In the event that the passport is expired, a copy of it and the renewal application must be provided. • Proof of payment of the corresponding fee (form 790, code 012). • A photograph, in accordance with the requirements established in the national identity document regulations. – At the time of the delivery of the residence document, the citizen must prove to be the recipient of this through the presentation of their In date and valid passport. – This residence document will be valid for ten years and the term “Permanent” will be entered in the field corresponding to the Type of Permit. After its validity, it must be automatically renewed in accordance with the provisions of instruction 6. c) If the family member or another person, a third-country national, is the holder of a permanent card for a family member of a citizen of the Union, he or she may personally request the issuance of the residence document before the police offices established. – At the time of their request, the interested citizen must provide the following documentation: • Application form -EX 23 Card application (art. 18.4 Withdrawal Agreement). • Applicant’s full valid passport. In the event that said document is expired, a copy of it and the renewal application must be provided. • Form supporting the payment of the corresponding fee (model 790 code 012). • A photograph, in accordance with the requirements established in the national identity document regulations – At the time of delivery of the residence document, the citizen must prove to be the recipient of this through presentation of his In date and valid passport. – This residence document will be valid for 10 years and the term “Permanent” will be entered in the field corresponding to the Type of Permit. After said validity must be automatically renewed in accordance with the provisions of the 6th instruction d) If the family member or another person, a third country national, is not the holder of a family card of a citizen of the Union, he / she may submit the application for this residence document, personally or by his / her representative, at the immigration office of the province in which you reside, or by electronic means. Once this has been granted, you must go to the police department that is authorized to issue the document, after paying the established fees. i. On the proceedings before the immigration office: – The competence to resolve these requests corresponds to the person who is the head of the immigration office. – This request must be submitted in accordance with the provisions of the 3rd instruction – At the time of the request, the interested citizen must present the following documentation: • Application form -EX 21 Application for residence document art. 18.4 for family members, NTP, of nationals of the United Kingdom (Withdrawal Agreement of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community). • In date and valid passport of the applicant. In the event that the document is expired, a copy of it and the renewal request must be provided. • Supporting documentation, where appropriate duly translated and apostilled or legalized, of the existence of the family bond, marriage or registered union that entitles the card. • Registration certificate or residence document of the UK national they are accompanying or meeting with. • Supporting documentation, in cases where this is required, that the applicant for the residence document lives under the care of the national of the United Kingdom of which he is a relative. – Once the application has been received, a proof of the presentation of the application for the residence document will be delivered immediately, which will be sufficient to prove your legal stay status until its delivery. The possession of the receipt may not be a precondition for the exercise of other rights or the completion of administrative procedures, provided that the beneficiary of the rights can prove their situation by any other means of proof. – Once the application is registered and in the event that it is not inadmissible for processing, its processing will begin, which will entail the evaluation of the documentation presented. – If the application does not meet the necessary requirements for processing, the interested party will be required to correct the faults or accompany the required documents within ten business days, indicating that, if they did not do so, they will be It will consider your request withdrawn, after a reasoned resolution, that does not exhaust the administrative route, and that it may be appealed against to the head of the corresponding Government Delegation or Subdelegation, in accordance with the provisions of section 2. ª, Chapter II, Title V of Law 39/2015, of October 1, of the Common Administrative Procedure of Public Administrations. – If the application meets the requirements, the resolution on the residence document will be issued and notified within three months. ii. On the actions before the police agency: – Within a month from the notification of the resolution on the residence document, you must personally request its issuance. – At the time of their request, the interested citizen must provide the following documentation: • Application form -EX 23 Card application (art. 18.4 Withdrawal Agreement). • In date and valid passport of the applicant. In the event that the passport is expired, a copy of it and the renewal application must be provided. • Proof of payment of the corresponding fee (form 790, code 012). • A photograph, in accordance with the requirements established in the national identity document regulations. – At the time of the delivery of the residence document, the citizen must prove to be the recipient of this through the presentation of their In date and valid passport. – This residence document will be valid for five years for those cases whose residences of the national of the United Kingdom of which he is a relative do not reach five years and, therefore, in the field corresponding to the Type of Permit the term “Temporary” ; and ten years for those cases whose residences of the national of the United Kingdom of which he is a relative are older than five years and, therefore, in the field corresponding to the Type of Permit, the term “Permanent” shall be entered. After its validity, it must be automatically renewed in accordance with the provisions of instruction 6. Those persons who have reached five years of legal residence in Spain may access permanent residence (as established in Article 15 of the Agreement) before the validity of the residence document issued expires, requesting personally or by their representative, in the immigration office of the province in which you reside, or by electronic means the issuance of a new residence document. The immigration office, in accordance with the procedure established in this letter d) will verify the duration of the residence. Once this has been granted, you must go to the police department that is authorized to issue the document, after paying the established fees. This new residence document will be valid for ten years and the term “Permanent” will be entered in the field corresponding to the Type of Permit. After its validity, it must be automatically renewed in accordance with the provisions of instruction 6.

Sixth. Renewal of the residence document provided for in article 18.4 of the Agreement. 1. The renewal of the residence document provided for in article 18.4 must be requested when its validity expires. a) In the event that the interested parties are in possession of a temporary residence document, a residence document will be issued for ten years, automatically renewable every ten years and the term “Permanent” will be entered in the field corresponding to the Type of Permit ». b) In the cases in which the interested party is the holder of a permanent residence document, a residence document will be issued for ten years, automatically renewable every ten years. Failure to submit a request for renewal of the residence document within the time limits set out in section 2 will not in any case result in the loss of your permanent residence right. 2. The application must be submitted in the official model established for this purpose, during the month prior to the expiration of the residence document, and may also be submitted within three months after said expiration date without prejudice to the corresponding administrative sanction. 3. The application for renewal of the residence document in Article 18.4 of the Withdrawal Agreement will be accompanied by the following documentation: a) In date and valid passport of the applicant. In the event that the document is expired, a copy of it and the renewal request must be provided. b) Form accrediting the payment of the fee for processing the procedure. c) A photograph, in accordance with the requirements established in the national identity document regulations.

Seventh. Provisions common to the issuance of the residence document provided for in Article 18.4 of the Agreement. 1. The authorities competent to process and resolve the applications for this residence document may, exceptionally, collect information on the person’s possible criminal record from the authorities of the State of origin or those of other States. 2. Copies of supporting documents other than passports or identity documents may be presented. In specific cases, national authorities may require the original of certain documents to be presented as long as there is reasonable doubt as to their authenticity. 3. The resolutions issued by the person in charge of the head of the immigration office do not exhaust the administrative channel and may be appealed against to the person in charge of the corresponding Government Delegation or Subdelegation, in accordance with the provisions of the Section 2, Chapter II, Title V of Law 39/2015, of October 1, of the Common Administrative Procedure of Public Administrations.

Eighth. Ongoing procedures. The administrative procedures initiated before July 6, relating to obtaining registration certificates by United Kingdom nationals and residence cards of a family member of a citizen of the Union, will be processed and resolved in accordance with the provisions of these instructions.

Ninth. Subsidiary and supplementary application. In everything not provided for in these instructions, the Spanish regulations on immigration and immigration will apply, and in particular Royal Decree 240/2007, of February 16, on the 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; Organic Law 4/2000, of January 11, on the rights and freedoms of foreigners in Spain and their social integration, after its reform by Organic Law 2/2009, of December 11; and its Regulations, approved by Royal Decree 557/2011, of April 20. In procedural matters, it will be applied in a subsidiary way, in everything not foreseen in these instructions and in the norms mentioned in the previous section, Law 39/2015, of October 1, of the Common Administrative Procedure of Public Administrations. The Director General of Migrations, Santiago Antonio Yerga Cobos. – The Director General of the Police, Francisco Pardo Piqueras

 source:https://www.boe.es/boe/dias/2020/07/04/pdfs/BOE-A-2020-7276.pdf?fbclid=IwAR3NPnpiOhdyRzlsLNRdWgGCmEt8S8OU-U30bJ2B3ManDZsVI8SjovqPZSE