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BREXIT

Brexit Q&A: What happens if I didn’t register as a resident in Spain by December 31st?

On December 31st 2020, the transition period ended, and with it the deadline for Brits to become resident in Spain. However, if you were living here before that date but didn't register, there is still time.

Published: 29 December 2020 17:14 CET
Updated: 13 January 2021 11:36 CET
Brexit Q&A: What happens if I didn't register as a resident in Spain by December 31st?
Photo: Patrick Dobeson/Flickr

Under terms ratified in the Brexit Withdrawal Agreement the rights of British citizens to live in Spain are guaranteed as long as you were resident in Spain by December 31st 2020.

The longstanding message from both the Spanish and British authorities was that those living in Spain needed to get their paperwork in order and officially register as a resident, but with coronavirus and the delay in appointments available, it means that many people were unable to register by the December 31st deadline. 

Since July 7th the Spanish authorities have been issuing a new biometric TIE card for British nationals resident in Spain, replacing the former green residency certificates which came in either A4 size or credit card size.

Those who have the green certificates can swap them for the TIE card but there is no deadline to do so, and although there are advantages to having the new biometric card, the green certificates remain valid for the foreseeable future.


The green paper certificates and new TIE biometric cards show legally residency.

 

Now that the deadline has passed however, many have still not got their residency certificate or TIE because they never got around to registering, they are newly arrived or they haven’t been able to secure an appointment to start the process due to holdups in some extranjería offices in Spain.

But that doesn’t mean they have missed the chance altogether, as long as they can prove that they were living in Spain and meeting the requirements for doing so before December 31st.

“Your rights come from your living legally in Spain before December 31st ,not from possessing the residency card itself,” explained the British Embassy in Madrid in an FAQ on Brexit published on December 29th.

“If you are unable to complete the registration process before January 1st, you will still be protected by the Withdrawal Agreement, as long as you were legally living in Spain before the end of 2020,” they continued.

“That means that you were living here and meeting the EU free movement conditions of working, being self-employed, or having sufficient income and comprehensive healthcare cover to support you during your retirement or studies.”

So how do you prove you were living in Spain before December 31st?

“We recommend you have as much documentation in place to demonstrate that you were legally living here before the end of the Transition Period as possible,” explains the British Embassy. “That might include, but not be limited to, a padrón certificate, utility bill, healthcare policy, work contract or flight ticket.”

What should I do if I can’t get an appointment?

Covid restrictions, along with the Christmas period have meant that there are fewer appointments available in some areas, but you should keep trying. You should also remember that you can complete the first stage of the residency process by submitting your documents electronically, if you have a digital certificate.

You can find out how to get your digital certificate HERE

If you do not have a digital certificate you can also use a third-party representative to submit your documents for you.

BREXIT: Where can Brits in Spain get help with residency applications?

What should I do if I didn't or couldn't register before the deadline?

There is still time, as stated above, as long as you moved here before December 31st. You should make sure you have as much documentation in place to demonstrate that you were legally living here before December 31st as possible. Try to gather documents such as your padrón certificate, utility bills, healthcare policies, work contract and flight ticket.

As soon as you are able to get an appointment to get your TIE, then do so. 

Is my green certificate still valid or does it need to be exchanged for a TIE?

The green residency certificate – both A4 and credit card-sized – remain valid documents to demonstrate your status as a resident and your rights under the Withdrawal Agreement.

The Spanish Government emphasises that the biometric TIE is more durable and may simplify some administrative processes and border crossing. If you decide to exchange your green certificate for the TIE, there is no deadline for doing so.

What happens if I didn't move to Spain before December 31st, can I still live there? 

The short answer is yes, although the process will be a lot more difficult. If you're a British citizen who is not already a resident in Spain, but wants to move here you will most likely be treated the same as third-country nationals, such as those from the US or Australia. 

You will either need to be offered a job and be sponsored by a company for a visa (which is very difficult right now given Spain's high unemployment rate), apply for a student visa and enrol on a course, apply for a self-employment visa and have sufficient funds to support yourself, apply for a non-lucrative visa or marry a Spanish or EU citizen. 

A non-lucrative visa is an authorisation that allows non-EU foreigners to stay in Spain for a period of more than 90 days without working or carrying out professional activities, by demonstrating that they have sufficient financial means for themselves and, if applicable, their family.

“For Brits arriving in Spain after December 31st, no official announcement has been made as to the financial requirements so we can only assume they will be the same as for third country nationals – €25,816.32 per annum per person (€2,151.36 per month) and not quite double for a couple,” President of Brexpats in Spain Anne Hernández told The Local. 

Eurocitizens secretary Nigel Aston also told The Local Spain that “the amounts will rise steeply – around €27,000 per annum plus several thousand for each dependant.

What if I was living in Spain before the Brexit deadline but left to go back to the UK for the Christmas break – will I have problems returning? 

There have been reports of British residents in Spain being denied boarding in the UK when trying to return home, due to not having a new TIE and only their original green residency certificates.

Spanish authorities have moved to clear up the issue however, confirming that both the green residency certificate AND the TIE is valid for travel for British residents in Spain. 

Where can I get help?

The British government has provided funding to three organisations in Spain to offer help and support Brits with the process. If you don't have internet access or don't feel confident completing the form online they can even do it for you if you don't have friends or family who would be able to help.

If you or someone you know may have difficulty completing the paperwork, you can contact them using the details below to discuss how they may be able to help you.

These organisations are:

READ ALSO: How Britons can prove they are resident in Spain when entering the country. 

More information:

  • Spain's government has a dedicated Brexit page for UK nationals HERE
  • Check out the UK Foreign Office latest advice on Living In Spain HERE 
  • Follow the British Embassy Facebook page for updates as well as Live Q&A sessions HERE
  • Check our Brexit section for all the latest news and updates: HERE

READ MORE: 


 

 

 


 

 

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TRAVEL NEWS

EES: Could the launch of Europe’s new border system be delayed again?

After being postponed several times already Europe's new biometric Entry/Exit border system (EES) is set to be rolled out in October, but with fears of lengthy queues, problems with a new app and demands for more time, could it be postponed again?

Published: 26 April 2024 11:50 CEST
EES: Could the launch of Europe's new border system be delayed again?

Could the entry into operation of the EU entry/exit system (EES), the new biometric passport checks for non-EU citizens at the Schengen area’s external borders, be delayed yet again?

Originally planned for May 2022, EES has already been postponed many times.

The current launch date, set for October 2024, was chosen to avoid periods of peak traffic and France in particular had requested to avoid it being launched until after the Paris Olympics this summer.

When asked to confirm the October start date this week a spokesperson for the EU’s Commission told The Local that the “roadmap” for the EES IT system foresees it will be ready for Autumn 2024. But the actual start date, in other words, the day when passengers will have to register, would be confirmed nearer the time.

The spokesperson said: “The exact date will be determined by the European Commission and announced on the EES official website well in time for the start of operations.”

READ ALSO: Your key questions answered about Europe’s new EES passport checks

But the reasons are adding up to suggest an October start date is optimistic, perhaps even unlikely.

In the annual report on the ‘State of Schengen’ published last week, the European Commission spelt out that severe challenges remain if member states are to be ready on time.

“In 2023, efforts to ensure the entry into operation of the Entry-Exit System in the autumn of 2024 were accelerated… While important progress has been made across the Schengen area, some Member States are still falling behind, notably regarding the effective equipment of border crossing points. The Commission calls on all Member States to urgently accelerate preparations to ensure the timely implementation of the system…”

A map in the report shows that preparation is still “in progress” in 13 Schengen area countries, including Germany, Norway and Switzerland. “Outstanding issues” still impact Portugal, Malta and Bulgaria.

The state of play for the preparations for EES across EU and Schengen states. Image: European Commission.

There are also reports that EU heavyweight Germany is trying to persuade Brussels to delay.

Matthias Monroy, editor of the German civil rights journal Bürgerrechte & Polizei/CILIP claimed on his website that “the German government is lobbying in Brussels to postpone the date once again, as otherwise the German tests of the EES cannot be completed in full. Other EU countries are also behind schedule, with only eight of them having reported successful integration.”

Even on a French government website it talks of EES being rolled out some time “between the end of 2024 and 2025” rather than stating October 2024.

And according to recent media reports, French airports have been advised to be ready for November 6th, rather than October. 

READ ALSO: EES and Etias – what are the big upcoming travel changes in Europe?

A planned EU app, believed to be essential to the smooth operation of EES because it would allow non-EU visitors to register in advance of travel will not be ready, Gwendoline Cazenave, Managing Director of Eurostar International, the company operating train services via the Channel Tunnel, has told the BBC. The EU however insists the app does not need to be up and running before EES is introduced.

In the UK, which will be heavily impacted by EES due to the fact it is no longer in the EU and so British travellers are no longer EU citizens, the House of Commons European scrutiny committee is conducting an inquiry on the potential disruption the introduction of the EES will cause at the border.

Several respondents have recently raised the alarm about the possible delays the system could cause, especially at the UK-France border, which is used by millions of passengers each year who head to France and other countries across Europe.

Ashford Borough Council in Kent has warned of the possibility of more than 14 hours queues to reach the Port of Dover, which has already been struggling increased checked after Brexit.

The BBC reported that back in March, a P&O Ferries director said the IT system should be delayed again.

Airlines have also complained about the fact pre-travel EES requirements would make last minute bookings impossible.

The Union des Aéroports Français (UAF), which represents airports in France, has simply said more time is needed.

In other words, it would be little surprise if the roll out was delayed again beyond October 2024.

But the Commission spokesperson told The Local that “the timeline for the entry into operation of the EES took into account all the necessary activities to be performed by all relevant stakeholders to ensure a timely entry into operation. 

“The Commission is working very closely with eu-Lisa [the EU agency in charge of the IT system], the Member States and carriers to ensure that everything is ready for the timely and successful launch of the Entry Exit System.

“The roadmap for the delivery of the new IT architecture foresees that the Entry/Exit system will be ready to enter into operation in Autumn 2024.”

New digital border

The EES is a digital system to register travellers from non-EU countries when they cross a border in or out of the Schengen area, the travel-free area. It will be deployed in 29 countries across Europe including 25 EU states plus Norway, Switzerland, Iceland and Liechtenstein. Ireland and Cyprus are the only EU members who won’t apply the EES system.

It doesn’t apply to non-EU nationals who are legally resident in an EU/Schengen area country or those with dual nationality of an EU /Schengen county. The system was designed to increase security and to ensure that non-EU nationals visiting the Schengen area short-term do not stay more than 90 days in any 180-day period.

Instead of having the passport stamped, travellers will have to scan it at self-service kiosks before crossing the border. However, fingerprints and a photo will have to be registered in front of a guard at the first crossing and there are huge concerns the extra time needed could generate long queues in the UK, where there are juxtaposed border checks with the EU.

Preparations are ongoing throughout Europe and some countries have made good progress.

In France, Getlink, the operator of the Channel Tunnel, has recently reported that new EES infrastructure is finished at its French terminal of Coquelles, which will allow travellers to register their biometric data while travelling.

Eurostar is also installing 49 kiosks in stations for the registration of passengers. But the Union des Aéroports Français (UAF), which represents airports in France, said more time is needed.

Exempted

Meanwhile, the Polish government has urged UK citizens who are beneficiaries of the EU-UK Withdrawal Agreement to get a residence permit “in the context of EES/ETIAS”, even though there was not such an obligation to stay legally in Poland post-Brexit.

“Having such a document is beneficial as it will exempt from future Entry/Exit System (EES) registration when crossing external borders and from the need to obtain an ETIAS travel permit in relation to short-term travel to EU/Schengen countries,” the government page says.

This article as published in collaboration with Europe Street news.

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