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BREXIT – Changing your driving license in Spain

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If you are moving permanently to Spain and wondering what happens with your driving license, here is some information that might be helpful:

As we all know, on December 31st the transition period will come to an end and as of January 1st, the rules that used to be applicable to UK nationals as part of EU will change. (detailed information here)

When it comes to your driving license, until January 21st your British driving licenses are valid. You are not required to do any administrative procedure until then. 

As of January 21st, the applicable law is the one to non-EU countries and according to it, the validity of a driving license is for 6 months from the date of entry into Spain. 

What does it means for UK citizens:

  • If you are already a resident, you should apply to change your driving license for a Spanish one before the end of the transition period. 
  • If you are moving during the transition period, we recommend you to start the procedure as soon as possible, however, you would need to consider your entry date in Spain to know for how long your permit would be valid. 

PROCEDURE:

The interested person or someone on his/her behalf, would need to present the application in person at the DGT (equivalent to the DVLA). 

The appointment can be booked online at the DGT website or by phone (060).

Below is the documentation to start your application:

  • Form  (click here to download)
  • Id document (Passport and EU certificate), after transition period, your new TIE will be required.
  • Proof of residence. Here you can either present a certificate from the city hall (empadronamiento) or authorize the DGT to consult it with regards your address.
  • Driving license
  • Updated photo, size 32×26 cm 
  • Administrative fees of 28.30€ already paid

If you prefer or need to have someone else applying on your behalf, be aware that a specific authorization must be issued. 

Once you apply for your Spanish permit, the DGT will keep your old driving license and issue a provisional one, valid in the whole of Spain, to be used until the permanent one arrives via post to your home address. 

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If you’re interested, do not hesitate to contact us. 

BREXIT: Spanish legal residence for non-EU citizen, but as a UK national relative

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The Withdrawal Agreement stipulates the terms for The United Kingdom to leave the EU and as expected, it also impacts the principle of free movement granted to every EU citizen. 

As explained previously, it has been decided that British citizens would keep their freedom of movement in the terms of EU law until 31st December 2020, when the transition period is over. It includes, as expected the family members that would re-join the UK citizen in any EU country. 

In order to regulate an administrative process that would make the application of Article 18.4 from the Withdrawal Agreement feasible, the Spanish Government issued a legal instruction on July 4th that describes how to apply for a residency in Spain before Jan 1st 2021 and how to update the old TIE (tarjeta de identidad de extranjeros). 

If you are a family member of a British citizen but you are a national from a non-EU country, these are the steps to obtain/update your residency in Spain:

BREXIT: Spanish legal residence for non-EU citizen, but as a UK national relative

In EU law, communitarian family members of a certain degree are entitled to re-join the EU citizen to any country he/she decides to live if some minimum requirements are met.  

As mentioned before, the Withdrawal Agreement ensures that this free movement principle will be applicable to UK nationals until the end of the transition period and consequently, the family members rights are also included in this grace period. 

Below you can find all the possible scenarios and steps to follow if you are re-joining a British citizen and you are a family member in any of the following degrees:

  • Spouse
  • Son/daughter under 21 years old or older depending economically on the parents
  • Any family member that depends economically on the UK citizen
  • Any family member that has a severe incapacity and needs to re-join
  • Domestic partner registered or proven

Here are some possible scenarios:

Scenario 1:

Family member already with a legal residence for less than 5 years: 

In this case, the new document would be requested directly at the designated police office, present the following documents:

  • Form EX-23
  • Passport (original and copy of all pages,)
  • Fees payment (Form 790 code 012)
  • Photo

This document would be valid for 5 years and fall under the temporary category. 

In certain cases in which the interested party could demonstrate they have been in Spain for 5 years, a permanent residence could be requested. 

This permit would display the law in which iit s based and therefore it would include “emitido en conformidad con el artículo 18.4 del Acuerdo de Retirada”.

Scenario 2:

UK citizen family member with an expiring temporary Spanish residence card (end of the initial 5 years) 

In this case a two-step process would take place.

First of all, apply for permanent residence at the foreign office. Once granted the status, it would be necessary to have the TIE issued at the police station.

Sept 1: Immigration office

To file the petition, the person interested either must go in person to the immigration office or apply online. 

These are the documents to be presented:

  • Form EX-21
  • Passport (original and copy of all pages)
  • Documents that prove the continuity of the residence in Spain during these 5 years. (It will depend in each case and circumstances)

Once granted the right to the permanent residence, the TIE must be requested.

Step 2: at the police office

Same procedure described in scenario 1 in which the form 23 has to be presented with the mentioned documents to have the TIE issued. Additionally the administrative resolution must be presented as well. 

This TIE will also display the law that regulates it plus with the indication that it is permanent. 

It will be valid for 10 years and after this period it will be automatically renewed. 

Scenario 3:

Non-EU family member already living permanently in Spain. 

In this case, the residence document is already issued with the validity of 10 years and therefore a new TIE displaying the withdrawal agreement and the permanent status would be needed. 

The procedure would be the same in the first scenario and the request is presented by the person interested at the police office. 

Scenario 4:

UK family member, national of a non-EU country without a residence permit in Spain

In this case, also a two steps procedure would be needed. First to apply for the temporary residence and once granted, request the TIE expedition. 

When applying for residency, the applicant can submit the petition personally at the immigration office or online. 

In any case, the documents to follow the petition are:

  • Form EX-21
  • Passport (original and copy of all pages)
  • Document proving the degree of relatedness 
  • Economic means 
  • Health insurance in case that the UK citizen that grants the right to apply to this permit does not work in Spain. (Non-lucrative residences, pensioners, students)

Check here the requirements to obtain a legal residence in Spain under the EU law

Once the immigration office issue the administrative resolution granting the right to reside legally in Spain, then a TIE would need to be requested. 

As we mentioned before, to request the TIE the interested person needs to attend the police station to file in the application under form 23, passport, paid fees and photo. 

It will a temporary residence, valid for 5 years. Once it is due, it has to be renewed. 

We hope that this information is useful and helps to clarify some doubts. If you have any questions or concerns, we can help in the whole process. 

If interested, do not hesitate to contact us.

**Read this post in Spanish HERE!

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Residence in Spain for UK nationals before and after the withdrawal agreement

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Spanish General Migrations and Foreign Citizens Director and the Police General Director signed a co-joint instruction to establish a procedure to expedite the document mentioned in the article 18.4 of the Withdrawal Agreement agreed upon on 17 October 2019.

After 1 February 2020, it entered in force together with the Political Declaration setting the framework of the future EU-UK partnership. Currently we are in a transition period which will last until December 31st. 

When it comes to the principle of free movement that benefits every European citizen, UK nationals will only be impacted when the transition period is over based on personal circumstances. 

All dispositions with regards rights and obligations are regulated under the Title II of the Withdrawal Agreement.  

What does it means? 

That the right to migrate to an EU country is still applicable to British citizens until the end of the transition period. 

For those individuals living and working in an EU country, they will keep their rights during and after the transition period.

Based on the article 18 of the withdrawal agreement, the host country can opt to request from UK citizens to apply for a new visa, based on their internal immigration laws or just provide them with a new identification document, without having to review all the personal circumstances to grant or not a new residence.

Nevertheless, any British citizen arriving after the end of the transition period will be considered a non-EU country citizen and conditions to enter and live in Spain will be the ones established by Spanish immigration law. 

How the change will take place?

When it comes to the Spanish immigration legal framework, we have 3 main regimes:

1- Spanish Royal Decree 240/2007, of February 16th, based on the Directive 2004/38/EC of the European Parliament and of the Council of the 29th of April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States.

2- Legal instruction, of July 2nd, 2020, based on article 14.8 of the withdrawal agreement, affecting only UK citizens, their family members and anyone to whom the withdrawal agreement would affect. 

3- Spanish immigration law, known as General regime, applicable to all non-EU citizens.

These legal texts establishes the conditions to foreigners to migrate to Spain, the procedures to request and obtain visas, residence permit, request for renewals as well as specification and limitations to their rights.

As a British citizen, how to know which law is applicable to you? 

If you have been living in Spain before December 31st 2020, your status will remain the same with regards your rights to live, to work and to social security assistance. 

If you arrive after the transition period, unless future agreements are signed by the EU and UK, Spanish immigration law would be applicable to you as a non-EU citizen

It is important to bear in mind that if you are a resident of an EU country, but you are absent from its territory for one of the legally justified reasons you would need to present proof of the continuity when applying to your visa.

According to article 18.4 of the withdrawal agreement, a document will need to be issued to UK nationals:

Where a host State has chosen not to require Union citizens or United Kingdom nationals, their family members and other persons, residing in its territory in accordance with the conditions set out in this Title, to apply for the new residence status referred to in paragraph 1 as a condition for legal residence, those eligible for residence rights under this Title shall have the right to receive, in accordance with the conditions set out in Directive 2004/38/EC, a residence document, which may be in a digital form, that includes a statement that it has been issued in accordance with this Agreement.

18.4 of the withdrawal agreement

Spain, in the instruction mentioned above established a procedure to update the EU certificate of UK residents that will mention the legal base of your residence.

The new document will include the phrase: «emitido de conformidad con el artículo 18.4 del Acuerdo de retirada» 

Who will need to request this new document and how?

Residence in Spain for UK nationals

Residence in Spain for UK nationals before and after the withdrawal agreement

All UK citizens living in Spain before and after the transition period can apply for it as of July 6. 

If you are a resident but during the transition period you were not in Spain, you would have a period of 3 months to request your new document as of your entry date.

Procedure to request the document update based on the withdrawal agreement:

*If the UK national already has an EU certificate for less than 5 years:

Applications will be presented personally at the designated police office with the following:

  • Form EX-23
  • Valid passport
  • Fees 
  • one picture 

This document will be valid for 5 years and will be temporary, which will be displayed on your card. When the document expires, a renewal would need to be requested. 

*For those who have an EU certificate for more than 5 years in Spain and never applied for a permanent certificate as well as for those who have applied for it and therefore would be requesting a second renewal: 

Will apply for the same document update at the designated police office that will be valid for 10 years. The document will mention the term “permanente”. (Renew would be automatic).

Same set of documents for the application would be required.

*If the UK citizen lives in Spain but never applied for an EU certificate to prove the residency: 

Should start the procedure at the immigration office and once granted, apply for the same document at the designated police office. 

**Read this post in Spanish HERE!

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If you need more information, we are experts in immigration law and can help. Contact us!