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BREXIT: Brits rejected for residency in Spain given 15 days to leave country

Some UK nationals who have had their Spanish residency applications rejected are being sent notices telling them they must leave the country within 15 days or risk being classified as illegal.

Published: 9 September 2021 14:09 CEST
BREXIT: Brits rejected for residency in Spain given 15 days to leave country
Photo: Julian Hacker/Pixabay

Anne Hérnandez, the head of citizen help group Brexpats in Spain, told The Local Spain on Thursday of the most recent residency problem UK nationals in Spain are encountering post-Brexit. 

According to legal documents The Local Spain has had access to, Spain’s Immigration Office (Extranjería) are informing some Britons who applied for residency under the Withdrawal Agreement that they have 15 days to leave the country after their application has been rejected. 

“You will be advised that, unless you have a qualifying document to stay in Spain, you must leave the Spanish territory within 15 days from the notification of this resolution, unless exceptional circumstances occur and you justify that you have sufficient means, in which case you may extend your stay up to a maximum of ninety days,” reads the document.

“Once the indicated period has elapsed without the departure being made, the provisions of the Regulation of Organic Law 4/2000, of January 11, will be applied for the cases of being irregularly in the Spanish territory (article 53.1.a of the cited Organic Law 4/2000).” 

According to the state bulletin in question, overstaying can be considered a “serious offence” by Spanish authorities, with fines going from €501 to €10,000, a possible expulsion from Spain as well as a potential ban from the Schengen area for six months to five years.

Hernández, who was recently awarded an MBE for the help she provides to Britons in Spain, said “it’s the first I’ve heard of the 15 days deadline but I’ve been contacted by people asking for help who’ve told me this”.

“We don’t have exact figures of how many people are affected but I know of several cases around Málaga.

“Applications are mostly being rejected on the grounds of insufficient evidence of legally residing in Spain in 2020, such as a padrón (town hall registration), medical insurance or other proof people were actually living here before 2021,” Hernández explained. 

The situation affects Britons who are applying for residency in Spain for the first time under the Withdrawal Agreement. In essence, those who didn’t register before Brexit came into force, (and therefore are not holders of the old green residency document or, since July 2020, a TIE card), even though they were purportedly living in Spain before the end of 2020. 

Their application process is different from those who are green residency document holders and want to exchange the A4 paper or card for a TIE, and different as well from the process for UK nationals who weren’t living in Spain before Brexit and are applying for residency for the first time.

“It’s scary stuff when you consider that British applicants might have sold up in the UK to buy their dream home here, shipped all their furniture and belongings over and their pets – what do they do?” Hernández said, citing also the example of a pregnant British woman in Spain who’s received this notice letter from Spanish immigration authorities.

Appealing rejected residency applications in Spain is possible and there are several organisations – Age in Spain, Babelia and IOM – helping Brits in particular to do so. 

“But if they ask for a document such as medical insurance dating back from 2020 and they can’t provide it, they risk the application being rejected again.” Hernández argued.

READ MORE: Why some residency applications by Britons in Spain are rejected (and how to appeal)

Alicia Gárate, the International Organisation for Migration’s coordinator for the UK Nationals Support Fund Project in Spain, told The Local  that there are “two appeal processes for rejected residency applications which each have to be completed within a month”.

“It’s important for UK nationals to know that if their residency application is rejected and they appeal, then they have the right to remain in Spain during the appeal process.”

Although Spain hasn’t given unregistered Brits who were in the country before Brexit a deadline by which to apply for their Spanish residency for the first time, UK and Spanish authorities have been urging Britons to do so as soon as possible if they intend to stay here. 

Hérnandez will discuss the matter on the Mijas weekly livestream session on Youtube at 7pm local time on Thursday September 9th (you can listen to it at a later date here).

READ ALSO: Can non-resident Brits in Spain get an extension on the 90-day rule and what happens if they overstay?

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PADRON

When and how you need to renew your padrón certificate in Spain

The padrón document you get when registering at your local town hall in Spain must be renewed periodically. Find out when and the steps on how to do it.

Published: 22 April 2024 13:09 CEST
When and how you need to renew your padrón certificate in Spain

The padrón certificate is used to show proof of where you live. Your town hall – or ayuntamiento – uses it to find how many people are living in the area and what their ages are.

The number of people living in each area will depend on how much money they will receive from the government. They use this money for local services such as schools, health centres, parks and police officers.

If you are a non-EU citizen with temporary residence (less than 5 years) in Spain, then you will need to renew your padrón certificate every two years.

You will also need to renew your padrón each time you move house, as it should have your current address. 

For some bureaucratic processes in Spain, you will also need to be able to show you have a padrón certificate that’s no older than three months. 

Depending on where you live, there are different ways you can renew it. This could be in person, online or by post.

READ ALSO – Padrón: 16 things you should know about Spain’s town hall registration

Generally, in order to renew your certificate, you will need:

  • A recent gas, water or electricity bill in your name
  • Your rental contract and receipt of your last rental payment
  • If you own your own property, you will need to show evidence that you own it, such as the property deeds

You will also need to show:

  • A valid residence card such as TIE
  • A valid passport
  • In addition, it is also advisable to bring your previous padrón certificate

For children you will also need the following:

  • Records of your digitised family book (libro de família)
  • A valid passport or residence permit of the minor
  • A passport of one of the parents which also contains the identification data of the minor
  • Birth certificate of your child

If you do not live in the same household as your child, you will also need:

  • A delegation for registration form, signed by the parent who lives with the minor.
  • Photocopy of the valid identification document of the parent who lives with the child.
  • In the case of minors under 14 years of age, it will not be mandatory for them to have an NIE, passport or identification document from their country of origin.

Remember that all your documents should be officially translated into Spanish or another local language such as Catalan, if they aren’t already.

READ ALSO: Can I get my padrón online in Spain?

In person

If you are applying in person, you will need to make an appointment at your local Ayuntamiento or town hall.

When the date for your appointment arrives you will need to complete the renewal form, which will most like look something like this, but may change depending on where you live. 

You will also need to bring originals and photocopies of all the documents above.

Online

If you have a digital certificate or Cl@ve PIN you are able to renew your padrón online. You will need to do this via your local government website.

First, you’ll need to identify yourself digitally with your digital certificate or Cl@ve PIN.

Next you will have to complete the renewal form and then attach digital copies of all the above documentation that’s required.

Then you’ll need to submit and sign it digitally.

By post

Although this is not the most common way to renew your certificate, some town halls may let you apply by post and will have details of the relevant address to send your documents and forms to online. 

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