Since 31 January 2020, the United Kingdom has left the European Union. However, a transitional period has been agreed which will in principle last until 31 December 2020. During this transitional period, all European rules on free movement will continue to apply. The agreement providing for this is the withdrawl agreement.
One of the important aspects will be the establishment of residence conditions for United Kingdom nationals and their family members residing in Spain before 31 December 2020. They will be subject to the terms of the withdrawl agreement.
The application for residence documents can be made as from 6 July 2020 and different situations will be taken into account:
(a) Nationals of the United Kingdom with a temporary registration certificate and with less than 5 years of legal residence in Spain: They can apply for a residence permit valid for 5 years, which is considered temporary. At the end of this period they can apply for renewal and the new residence document will be valid for 10 years and will be considered permanent.
(b) Nationals of the United Kingdom with a temporary registration certificate who have resided legally in Spain for 5 years. They can apply for a residence permit that is valid for 10 years and will be considered permanent.
(c) United Kingdom nationals holding a permanent certificate of registration. They may apply for a residence permit valid for 10 years and considered to be permanent.
(d) United Kingdom nationals without a permanent or temporary registration certificate. They may apply for a residence permit valid for 5 years, which is considered temporary.
In each of these cases, the family members of the holder of the residence permit may also accompany them, sending the required documents depending on the case.
Unfortunately, it is not possible to specify here which documents are required or which fees are to be paid, as each case will be different.
Mª Dolores García Santos