residence for relatives of UK citizens
Following the Brexit, a new residence procedure is established for family members of United Kingdom citizens who are going to reside in Spanish territory for a period of more than three months. From 06-07-20 the relatives of British citizens will have to apply for the residence document by means of form EX 21.
This according to the fifth instruction of the Resolution of 2 July 2020, of the Undersecretary, which publishes the Joint Instruction of the Directorate General of Migration and the Directorate General of Police, which determines the procedure for issuing the residence document provided for the article 18.4 of the Agreement on the Withdrawal of the United Kingdom of Great Britain and Northern Ireland, from the European Union and the European Atomic Energy Community.
Application deadline for residence for relatives of UK citizens
After the Brexit, family members of United Kingdom citizens who want to live in Spain for a period of more than 3 months must meet all the requirements and apply for the residence document at the Foreigners Office of the address where they intend to settle.
The transitional period marks the deadline for this application, which is until 31-12-2020.
However, the application may also be made after 3 months from the date of entry into Spain or the date of birth.
Situation to obtain the residence for relatives of UK citizens
The situation will depend on whether the family member of the UK citizen:
- Be the Holder of an initial Community family card and has not reached the age of 5;
- The holder of a temporary Community residence card for a family member and have reached the age of 5;
- In the case of being the holder of a permanent residence card (10 years);
- Never have had a residence card.
As a family member of a UK citizen you must meet the following conditions:
- That the UK citizen who entitles you is an employed or self-employed worker in Spain.
- Being a registered student in a recognised public or private centre.
- Be a beneficiary of a public or private health insurance.
- The UK citizen must have sufficient resources for himself and his family members.
Financial means for the Community citizen Certificate of residence
The assessment of sufficient means will be made on a case-by-case basis, taking into account the personal and family situation of the applicant. You can find more information at the following link:
Validity of the residence for relatives of UK citizens
The validity is 5 years, remember that this is an initial residence permit.
Once the 5-year period of initial residence has elapsed, you will be able to access permanent residence.
Absences from Spain
As we know, the Withdrawal Agreement does not require the physical presence in Spain at the end of the transitional period of the British citizen or his family.
For this reason temporary absences that do not affect the right of residence will be accepted, and also prolonged absences with respect to the right of permanent residence.
This element (privilege) must be considered both for the issue of the residence document and for its renewal.
Application procedure for residence for relatives of UK citizens
You can apply at the immigration office once you have all the requirements, documents and the appropriate appointment.
From my office I can also manage your application for a community family member card online without the need for an appointment at the foreigners’ office.
Statistics of authorisations granted from the Community scheme during 2019
The number of foreign residents under the EU Free Movement System stood at 3,435,034 at 31 December 2019.
There was a net increase of 160,180 in the interannual variation, 4.9% in relative terms. The groups that registered the greatest net interannual increases were nationals of Italy (30,359; 10.1%), the United Kingdom (28,560; 8.6%), Romania (15,632; 1.5%) and France (9,939; 6.2%).
In the case of family members of EU citizens, the most numerous nationalities are Moroccan, Colombian, Venezuelan and Dominican. The maximum net increase was experienced by the Venezuelan group, with a net annual variation of 23.3%.
