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Moving back to UK: Brits in Spain with EU partners warned of immigration problems

Brits living in Spain and other EU countries have been warned of complex and drawn-out administrative processes if they want to move back to the UK with a European partner before the deadline of March 2022.

Moving back to UK: Brits in Spain with EU partners warned of immigration problems
EU partners warned of problems moving back to UK. Photo: Tatyana Kazakova / Pixabay

Brits who are living in Spain with a Spanish or EU spouse or partner might not have immediate plans to move back to the UK, but new post-Brexit requirements mean that the process is already more complicated, and is set to get more difficult still from next year.

After British media highlighted a series of stories of Brits left stranded when their EU partners could not get the necessary paperwork, campaign groups are urging UK nationals to plan ahead, in case they want to move back in the future.

Jane Golding, chair of the campaign group British in Europe, said: “Families considering a move now need to be aware that the process is time-consuming and complex, and that non-UK family members will first need to apply for an EU Settled Status family permit from outside the UK before the end of March 2022 and only when they have that and move to the UK will they be able to apply for EU pre-settled status.”

Before Brexit kicked in, Brits who had moved to Spain, fell in love, and found a Spanish partner or spouse could move back to the UK with their partner without much hassle, but that has now all changed.

UK nationals can of course move back at any time they chose, but their EU spouses or partners now face lots of extra forms and paperwork to be allowed to live in the UK.

March 2022 deadline

From March 31st, 2022, the EU spouses of UK nationals will have to apply for a full visa and go through a lengthy process, if they wish to move to the UK. This includes fulfilling qualifications around language, skills and having sufficient financial resources. Those who don’t meet the criteria may not be allowed to enter, even though they are married to a Brit.

Settled-status permits needed

But what if you want to move before the March 2022 deadline? Unfortunately, as the UK has already left the EU there is still more paperwork to fill out than before. Your EU partner will first need to apply for an EU Settled Status family permit before they enter the UK, and then once in the UK apply for EU pre-settled status.

At first, this process may appear simple, but UK media has reported many cases where the process has taken months or was rejected for seemingly false reasons. This has left families divided and wondering whether moving back to the UK really was the best idea.

Those considering moving to the UK are therefore advised to leave plenty of time for this, and not rely on doing it last minute before the March deadline.

Jane Golding said: “We are worried that there are many families across the EU who do not understand the implications of stringent immigration rules now applying to UK citizens in the EU”.

“Many of us have older relatives in the UK who may need our care, or we had always planned to retire to the UK to be near family,” she added.

“The grace period given until the end of March 2022 is simply not long enough for families to make decisions to uproot and then arrange to return to the UK. We continue to lobby for a longer grace period.”

You also need to be aware that children without British citizenship will also need to go through the whole immigration process once they reach the age of 18.

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PADRON

When and how you need 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.

When and how you need 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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