Residency (TIE) UK Residents


PROCEDURE FOR NATIONALS OF THE UNITED KINGDOM HOLDERS OF THE RIGHT OF RESIDENCE ISSUED IN ACCORDANCE WITH ARTICLE 18.4 OF THE WITHDRAWAL AGREEMENT (FORM EX20)

Underneath the process of the application for residency for UK residency if you have not the green residency card “Certificado de registro ciudadano de la unión”. If you have this green card you can apply for the TIE card just by following PART 2.

CITIZENS TO WHOM IT APPLIES


This information note and, therefore, this procedure, applies to nationals of the United Kingdom who do not have a certificate of registration as a citizen of the European Union and who reside in Spain in accordance with the conditions provided in this document (being workers or inactive and students with sufficient resources and health insurance).
A “national of the United Kingdom” is defined as stated in the new declaration of the Government of the United Kingdom of Great Britain and Northern Ireland of 31 December 1982 on the definition of the term “nationals” and in the declaration no. 63 annexed to the Final Act of the intergovernmental conference that adopted the Lisbon Treaty.

REQUIREMENTS


  • Being an employee in Spain, or
  • Be a self-employed worker in Spain, or
  • Have sufficient resources for themselves and for their family members in order not to become a financial load for the social assistance of Spain during their period of residence. You must also provide public or private health insurance, contracted in Spain or in another country, which provides coverage in Spain during your period of residence equivalent to that provided by the National Health System. The assessment of the sufficiency of financial means will be carried out individually and, in any case, taking into account the personal and family situation of the applicant. Sufficient accreditation for compliance with this requirement will be considered to have resources that are higher than the amount established each year by the General State Budget Law to generate the right to receive a non-contributory benefit, taking into account the personal and family situation of the interested. These thresholds are as follows: Depending on the number of members of the family unit, the thresholds are as following:
Number of family members of the living unitAnnual minimum amount in EUROSMinimum monthly amount in EUROS (in case of periodic returns)
1€ 5.538,40€ 461,53
2€ 9.415,28€ 784,61
3€ 13.292,16€ 1.107.68
4€ 17.169,04€ 1.430,75
For each additional member+ € 3.876,88€ 323,07
  • Be a student and be enrolled in a public or private center recognized or financed by the educational administration to study or professional training, as well as have public or private health insurance contracted in Spain or another country that provides full coverage in Spain and Responsible declaration that you have sufficient resources for yourself and the members of your family, so as not to become a burden for the social assistance of Spain during your period of residence.

REQUIRED DOCUMENTATION (PART 1)


  • Application form in official form (EX-20) in duplicate, completed and signed by the citizen of the Union.
  • Complete passport, valid and in force. In the event that it is expired, a copy of it and the renewal application must be provided.
  • Depending on the assumption:
    • If you are an employed or self-employed worker (self-employed), documentation that proves such condition.
    • If there is no work activity in Spain (inactive), you must provide:
      • Documentation proving that you have public or private health insurance, contracted in Spain or in another country, proof that it provides coverage in Spain during your period of residence equivalent to that provided by the national health system. Pensioners meet this condition by providing certification (S1 form) of having health care at the expense of the State for which they receive a pension.
      • Documentation that proves having sufficient resources for you and your family members for the period of residence in Spain. It may be accredited by any means of proof admitted by law, such as property titles, certified checks, supporting documentation of obtaining capital income or credit cards with bank certification that accredits the amount available as credit card. If you are a pensioner, you can provide the document that proves the receipt of the corresponding payroll with a private translation into Spanish. The health care may accredit it, alternatively, with the portable document S1 or with the certificate of the INSS recognizing the benefit of health care in Spain. If you contribute financial means in bank accounts, opened in entities that operate in Spain or in another country, you can provide a certificate with an average balance during the last 6 months or an extract of the movements during that period. If it is provided in a foreign language, it must include a private translation of the document.
    • If you are a student, you must provide:
      • Registration from the public or private educational center, recognized or financed by the competent educational administration.
      • Documentation proving that you have public or private health insurance. You can provide a European health card with a validity that covers the period of residence and enables you to receive the necessary health benefits from a medical point of view, taking into account the nature of the benefits and the expected duration.
      • Responsible declaration that you have sufficient resources for yourself and for the members of your family, for your period of residence in Spain.
      • The presentation of supporting documentation of participating in a European Union program that favors educational exchange for students and teachers will be considered sufficient to comply with these requirements.

Although not mentioned in the offical document issued by the foreign police in July, they asking additional documents:

  • A proof that you have a property (“nota simple”) does not accredit the availability of economic means. In addition to above doucments, we inform you that you will also need to prove that you live in Spain. The existence of a property does not imply that you reside regularly and continuously in Spain. Underneath a list of documents with which to prove effective residence in Spain.
    • bank statement showing payments received or spent in Spain. For example shopping, fuel, transactions
    • water or electricity bill that shows your Spanish address
    • phone or internet bill that show your Spanish address
    • other invoices issued with an address in Spain
    • passpord stamp confirming you entered Spain or travel ticket
    • appointments from your GP
    • invoices of work you have done in Spain or payslips from a Spanish company

Important note: when documents from other countries are provided, they must be translated into Spanish or the co-official language of the territory where the application is submitted.
In the case of standard forms of the European Union, neither their translation nor their legalization in accordance with the provisions of the community regulations that protect them will be necessary. For example: healthcare models S1, E109, E121 …

On the other hand, all foreign public documents must be previously legalized by the Consular Office of Spain with jurisdiction in the country in where document has been issued or, where appropriate, by the Ministry of Foreign Affairs and Cooperation except in the case in when the document has been apostilled by the competent authority of the issuing country according to the Hague Convention of October 5, 1961 and unless when the document is exempt from legalization by virtue of the International Convention.

PROCESS


Person entitled to submit the request:

  • Person entitled to submit the request:
    • Interested party: national of the United Kingdom personally or through electronic means provided they have a digital certificate of a natural person.
    • Representative: any third party that proves such condition by any of the following means:
  • · Place of presentation:
    • Malaga Immigration Office personally when you are going to reside in this province. For this, You will have to request an appointment at the following telephone number: 952 98 04 60.
    • Electronic Immigration Office: when the interested parties choose, with a digital certificate, to do so by electronic ways or when a professional does it as a representative. Below is the link:
      https://sede.administracionespublicas.gob.es/mercurio/modoAcceso.html;jsessionid=34F6F3EA44136A159E02675D1C02C923.appdmzmol3_19093_mercurion
      In this link, the interested party or the representative (who is not a lawyer, social graduate or administrative manager adhered to the Agreement for the Enabling of their Colleges) will have to choose INDIVIDUAL ACCESS.
  • Presentation deadline:
    • In general, there is no deadline to request the new document and it may be requested before or after 31/12/2020 as long as it proves that you are legally resident in Spain, that is, in accordance with the conditions provided (being an employed or self-employed worker , be inactive with sufficient resources and health insurance or be a student enrolled in a center recognized by the educational administration and have sufficient resources and health insurance).
    • Exceptionally, those who can reside in Spain when they arrive after 1/1/2021 (children of British residents born after that date, spouses of British residents with a relationship prior to 31/12/2020 who are goping to live together from 1/1/2021…) they will have a period of 3 months from their arrival in Spain to request the document .
  • Fee: in the procedure before the Immigration Office, no fees are accrued. Once the recognition of the right of residence has been obtained, they will have to apply for the foreigner identity card with the EX23 form at the Police Station and in this process, fees will be accrued.
  • Maximum term to resolve and notify: the maximum term to notify the resolutions on the requests that are formulated in these procedures will be three months from the day following the date on which they have been entered in the registry of the Immigration Office. Once the period has elapsed without resolution, they may be understood to be rejected.
  • Voluntary procedure: whether or not they have a Union citizen registration certificate, the request for the new residence document is voluntary for those who legally reside in Spain before the end of the transitional period, that is, before 31/12/2020.

SUBSEQUENT PROCEDURES (PART 2)


Within a month from the notification of the resolution by which the right of residence is recognized by the Immigration Office, you must personally request at the office of the national police the issuance of the document.
The procedure for obtaining it will be initiated by the interested party, in personal appearance, and must provide the following documentation

  • Notification of the resolution or your green residency card (+copy)
  • EX23 application form.
  • Complete, valid passport of the applicant (+ copy). In the event that the passport is expired, a copy of this and the renewal application must be provided.
  • Proof of payment of the corresponding fee (model 790, code 012).
  • A photograph, in accordance with the requirements established in the regulations on national identity documents. At the time of delivery of the residence document, the citizen must also appear personally to prove their identity by presenting the passport.
  • EMPADRONAMIENTO” CERTIFICATE – (Census Registry Certificate from the local Town Hall) – NOTE: – Must be less than 3 months old + photocopy. This certificate is only required if you have changed your address since the acquisition of your current resident card or certificate.
  • The residence document will be valid for 5 years and, therefore, in the field corresponding to the Type of Permit the term “Temporary” will be entered; however, the validity will be 10 years in those cases in which they have legally resided in Spain in accordance with Union law for a continuous period of five years or for the period specified in article 17 of Directive 2004/38 / CE, and, therefore, in the field corresponding to the Type of Permit the term “Permanent” will be entered. For the calculation of the minimum period necessary for the acquisition of the right of permanent residence, the periods of legal residence or work in accordance with Union law before and after the end of the transitional period will be taken into account. Once its validity has expired, it must be automatically renewed in accordance with the provisions of the 6th instruction of the Resolution of July 2, 2020, of the Undersecretariat, which publishes the joint Instruction of the General Directorate of Migration and the Directorate General of the Police, which determines the procedure for the issuance of the residence document provided for in article 18.4 of the Withdrawal Agreement of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Energy Community Atomic.

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