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BREXIT

Brexit: What to do if you haven’t got your Spain residency papers in order yet

Brits who failed to legally register in Spain before the original Brexit day of March 29th have reported difficulties getting their papers in order. Here’s what you need to know:

Brexit: What to do if you haven’t got your Spain residency papers in order yet
Photo: ruskpp/Depositphotos

In the months and weeks leading up to March 29th – the original Brexit date – we urged readers to make sure that they had registered properly with the Spanish authorities to ensure that they could legally stay in the country in the case of a no-deal Brexit.

Well that date has been and gone but we are still no closer to knowing whether or not the UK will ratify a withdrawal agreement or crash out of the European Union with a no-deal Brexit. Or when that might happen.

But there are reasons to be calm in Spain. Last month, in a move that was hugely welcomed by Brits living in Spain, the Spanish government signed a Royal Decree to set out contingency plans covering a No-Deal Brexit that would “assure the continued rights of those British living in Spain”.

READ MORE: 

The measures, which were formally announced on March 1st, included the guarantee that those Britons legally resident in Spain on March 29th would be offered new permanent residency papers

Yes, there will be some more bureaucracy to navigate as British residence in Spain will have to apply for a new foreigner identity card, sometime before December 31th 2020.

“The process will be nearly automatic,” for those who already have permanent residency, said the text.

In order to make sure that, whatever happens, Brits in Spain are in the best place to secure their rights, they need to ensure that they are indeed a legal resident.

British Embassy officials had emphasised that Brits living in Spain should ensure that they were properly registered before March 29th.


If you don't have either of the two documents above then you are NOT registered as a resident in Spain.

“Please make sure you are registered correctly and that means that you should have either an A4 size green piece of paper or a small credit card size piece of green paper,” explained Sarah-Jane Morris, the Consul General, at various outreach events held across Spain.

Spanish authorities estimated that more than 300,000 Brits are officially registered but suspect that there are tens of thousands more entitled to do so.

Registering is essential for anyone who has spent more than three months in Spain and involves making an appointment at your local foreigners office (Extranjeria) or if there isn't one then your local National Police station.

But because of the sudden rush to register before Brexit happened, appointments are scarce and some people have even been turned away and told it is no longer possible.

But don’t despair, the Spanish government guaranteed that those who have proof that they lived her before the UK leaves the EU will have their rights guaranteed.

Here’s what you need to do:

Securing a ‘cita previa' – private appointment – is notoriously difficult and can require dozens of attempts as they are only released a certain number of weeks in advance and there is currently quite a backlog.

You need to keep checking the online appointment system for new residency appointments on a weekly basis.

The British consulate in Malaga advises “to keep (print out) any documentation that you receive, even the rejection notification of no appointments available and keep these for proof that you have been trying to get an appointment, to start the residency application process just in case to show later on when you do eventually get an appointment.”

For the step by step guide in how to get residency READ MORE

Register on the padron:

If  you haven’t done this yet, you should. And it’s fairly straightforward although you will need a “cita previa” at the town hall.

This provides proof that you were living in Spain. The certificate itself is only valid for three months at a time. But once you are registered you do not need to re-register every 3 months but you do need to return to the town hall every three months to request another copy of the certificate (currently it is free of charge) – useful if going forward you need to prove how long you have been living here.  

All you need is proof that you live where you live –  a utility bill will do.

Don’t Panic!

The British Embassy have put this reassuring message on their website:

“We know many of you are worried that you haven’t got your residency certificate yet and are unable to get an appointment, but the message is: don’t panic! Even if the UK leaves the EU without a deal, the Spanish Government has given a 21-month grace period when you will be legally resident, whether you have your document or not.  

More information:

FCO website 'Living in Spain' HERE and their Facebook page HERE

Spanish government dedicated Brexit information page HERE

List of provincial Extranjerias – foreigner offices – HERE 

READ ALSO: How to exchanging your British driving licence for a Spanish one 

 

 

 

 

 

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RESIDENCY PERMITS

Why is it so hard to get an appointment at some of Spain’s foreigner offices?

One of the reasons Brits in Spain say they haven't got a TIE residency card yet is the apparent impossibility of getting an appointment at their local extranjería office or police station. So is there any truth to this?

Why is it so hard to get an appointment at some of Spain's foreigner offices?

Anyone who has tried to do anything official in Spain will be well aware of the dreaded cita previa system, whereby they must first make an appointment.

For foreign residents, this is not a simple task. It’s not just a question of simply making an appointment as more often than not, there aren’t any available.

And it’s not like you can just log-on a day later and find more. Many people spend weeks or even months trying to make these appointments, so they can carry out mandatory bureaucratic procedures.

These appointments are needed for everything from applying for or renewing your TIE if you’re non-EU to getting your EU green residency card. They’re needed again when going in for fingerprinting or even just trying to pick up your card once it’s ready.

Earlier this week, the British Embassy in Madrid stressed that it’s “really important” that the 200,000+ UK nationals in Spain with a green residency certificate exchange it for a TIE card “as soon as possible” to avoid issues with the EU’s new Entry-Exit System. 

READ ALSO – ‘Get the TIE now’: Brits in Spain urged to exchange residency document

The problem is that the exchange has never been made compulsory, only strongly encouraged and around half of British residents in Spain still haven’t gotten their TIE after Brexit.

In reaction to the announcement by the British Embassy, numerous British residents in Spain commented how hard it is get an appointment at their local police station or extranjería (foreign affairs) office.

Could the difficulty in getting an appointment be one of the reasons to blame for this?

So why are these cita previas so coveted and why are they so difficult to get?

Unfortunately, it’s not just a question of simple Spanish bureaucracy. There’s something slightly more sinister going on here. The fact of the matter is that if you go to certain relocation companies, firms and agencies they can get you an appointment straightaway – if you pay for it.

A year ago in May 2023, Spain arrested 69 people for blocking appointments at immigration offices. They were accused of booking up all the available appointments via a computer bot to later sell to foreigners to make a profit, despite the fact that this process should be free.

Arrests were carried out in Madrid, Albacete, Alicante, Almería, Badajoz, Barcelona, ​​Vizcaya, Burgos, Cádiz, Córdoba, the Balearic Islands, Marbella, Murcia, Tarragona, Tenerife, Toledo and Valencia, which gives us an idea of how widespread the illegal practice is.

Although Spanish police managed to dismantle this particular ring of criminals, it did not solve the problem.

Just seven months later in December 2023, ONG Movimiento Por la Paz (MPDL) confirmed to Levante news in Valencia that the ministry’s network had been hacked for two years and that it was unfair to foreigners who were being discriminated against because of it. 

They also claimed that the police and foreign ministry knew about the problem and still let it happen. 

Vincente Marín, CEO and lawyer for Parainmigrantes website aimed at foreign residents and those wanting Spanish nationality, confirmed this in a video he posted on the site.

He explained that bots hack into the system and that whenever appointments become available, they can book them up in seconds and then sell them on the black market for between €100 and €200, admitting it was a big problem for his firm too.

The initial screen of the appointment page (cita previa) on Spain’s extranjería website, and where many foreigners find it impossible to book residency official processes.

Fast forward to February 2024 and a group of lawyers and gestores from Castellón and Valencia denounced the system, saying that it was “controlled by criminal mafias”. They also cited the problem of bots hacking the system and complained that some of their clients still hadn’t been able to get appointments in five or six months.

In May of this year, the issue is still ongoing. Balearic news site Ultima Hora reported several readers who had been trying to get appointments for months in Mallorca and had been unsuccessful.

One has to get an appointment before her residency card runs out in June and was even considering paying an agency who were asking for €200 to help her get one.

Wherever there’s a sizable population of foreigners, from Barcelona to Valencia, the extranjería website has generally been ‘hacked by bots’.

In order to improve the situation more national police have been called in to work at the Immigration Office in Orihuela (Alicante) because of the number of foreigners living in the area. The police there have confirmed that they have allocated more resources for the issuance of documents too, to try and speed up processes. 

If you’re trying for an appointment the best option is to aim to not pay for one if you can help it, as you’re only fuelling the problem.

Reputable law firms may still be able to help you get one by dedicating more resources to applying for them manually, but you shouldn’t have to pay over the odds for what should be a free service. 

Here are our tips on how to get a cita previa when it seems impossible. 

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