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Work in Spain: VISA FOR RESEARCHERS

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If you are a researcher relocating to Spain, there is a specific residency available for you and your family members: VISA POR RESEARCHERS

The research permit is regulated in article 72 of the Entrepreneurial Support Act of 27 September 2013 which revokes the previous research residency regulation on the Immigration Act. This permit allows the individual to live and work in Spain as a professional researcher at a university, business or in a research body, if they have one of the following profiles:

a) Research staff referred to in article 13 and the first additional provision of Act 14/2011, of 1 June, on Science, Technology, and Innovation. 

b) Scientific and technological staff carrying out scientific research, development, and technological innovation work, in business entities or R&D&I centres established in Spain. 

c) Researchers subject to an agreement with public or private research bodies, under the conditions set out in the regulations. 

d) Lecturers recruited by universities, higher education and research bodies or centres, or business schools established in Spain, in accordance with the criteria set out in the regulations. 

VISA FOR RESEARCHERS

THERE ARE TWO TYPES OF RESEARCH PERMIT:

1-Residency for researchers EU 

2- National residency for researchers 

THE DIFFERENCE THEM:

  1. Residency for researchers EU aimed at those individuals who hold a doctorate degree or qualify to access a PhD programme. 

Additionally, it will require a signed contract or agreement containing the following items:

  • Name, goal, or scope of the research
  • Commitment from the foreign national to complete the research
  • Commitment of the Spanish University, business entities or R&D&I centres or research organisation established in Spain to receive the individual and host the research until its completion.
  • Start and end date for the research activity
  • Planning future short stay to receive research training in another member state. 
  1. National residency for researchers would be applicable to all those researchers not included in the previous modality. 

Some of the rules from the Immigration act regarding researchers are still valid since it hasn’t been formally revoked. Nevertheless, the permit regulated by the Entrepreneurs’ act has priority if it can be applied. 

In the case of PhD student: For the purposes of this permit, doctorate students are not considered as researchers per se. According to the General Secretary of Universities, the doctorate student will only be considered a researcher once the studies are finalised. 

FAMILY MEMBERS STATUS

Family members are allowed to join the researcher and their residences can be requested jointly or afterwards. 

For this residency, the following relatives are considered family members:

  • The spouse or partner
  • Children who are minors or financially dependent on the applicant
  • Parents in the charge of the researcher

DURATION

The validity of this permit will depend on the duration of the contract or research agreement, in any case, up to 2 years renewable for 2-year periods successively. 

APPLYING FOR THE AUTHORIZATION 

The residency permit must be requested by the institution on behalf of the researcher.

The application is to be done online, addressed to the Large Business and Strategic Groups Unit (Unidad de Grandes Empresas y Colectivos Estrategicos UGE-CE) through the platform http://extranjeros.empleo.gob.es/es/

Decisions are made on the residency request within 20 days. 

MAIN REQUIREMENTS

Applicants should:

  • Be a non-EU citizen
  • Not be in an irregular situation in Spain
  • Be at least 18
  • Not have a criminal record in Spain and in the countries where he/she lived in the past 5 years
  • Not be forbidden to enter Spain
  • Have health insurance with coverage in Spain for the duration of the residency
  • Have sufficient economic means 
  • Pay the administrative fees for the process 

DOCUMENTATION TO ACCOMPANY THE APPLICATION:

  • Passport (full copy)
  • Background checks
  • Certification of the research institution
  • Signed contract or research agreement 
  • Proof of payment of residency fees
  • Signed application form
  • Proof of having one of the above-mentioned researcher profiles
  • Health insurance
  • Proof of economic means
  • Proof of family link (when applying for family members)

When the researcher is already legally in Spain once this residency is granted, the next step is to book an appointment to request a new TIE. 

If the researcher is abroad, once the residency is granted, a visa must be requested in the consulate from their home country.

Visa applications are expected to be answered within 10 days of the submission. 

You can consult the requirements for each one of the residencies on the links below:

Renewing a non-lucrative residency (NLV)

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We explain everything you need to renew your non-lucrative permit without problems

As we mentioned in our previous post about non lucrative visas, the initial residency is granted for a period of one year after which, if you want to remain in Spain with the same type of permit, you must apply for the renewal. 

CONDITIONS FOR RENEWING A NON-LUCRATIVE PERMIT

While the initial permit is granted for a year period with the renewal this temporary residency will be valid for 2 years.

To be able to renew a non-lucrative residency, the applicant must fulfil all the requirements initially met, for the duration of the new residency term of two years.

Mainly, the requirements are:

  • No criminal records
  • Sufficient economic means
  • Health insurance 
  • Live in Spain continuously 
  • Children of school age enrolled
  • Administrative fees paid

Below you have some considerations for each one of these items:

Renew a non-lucrative residency

SUFFICIENT ECONOMIC MEANS

For the initial residency, the amount requested is 400% IPREM. For the two-year period, the amount will double to 800% IPREM.

If the proof of economic means is done by savings or credits, the amount must cover the whole amount required for the two year period. Whereas, if the proof is provided from pensions, dividend, rent or other regular payments, not originated from a lucrative activity, the requirement is to have a monthly amount of 400%. 

In 2022 the monthly IPREM amount will be 579.02€.

CONTINUOUS RESIDENCE

To be considered continuously residing in Spain, you cannot leave the country for more than 6 months in a year period. 

In case of being out of Spain for more than 6 months, your residency can be revoked and therefore you cannot renew it. 

The annulment is not automatic, and the process starts at the moment the immigration office realizes that the renewal applicant has been out of the country for more than what is allowed. This would prevent the renewal process moving forward. 

HEALTH INSURANCE

As a rule, health insurance is requested for the residency permit, when the applicant is not a beneficiary of the Spanish public health system. 

The main requirement is to have health insurance with similar coverage as the services provided by the National Health System. Commonly, the health insurance will be private, but there are exceptions to this rule.

Ideally, care services including all primary attention, diagnosis, treatment, and rehabilitation activities as well as emergency health transport as part of basic care are preferable considering that those are the services included in the common portfolio of basic care of the SNS. 

CHILDREN OF SCHOOL AGE

If as a resident you have children in your family unit also living in Spain of school age, they must attend school. 

Proof of schooling will be requested at your renewal. 

PAID FEES

Every residency process has a correspondent fee to be paid as a requirement. 

If those fees are not presented with the application, they will be requested by the administration. 

VERY IMPORTANT: After 180 days in Spain, you become a fiscal resident. Compliance with your tax obligations might have an impact on your application in case you are not up to date with it. 

APPLICATION:

The renewal request is addressed to the immigration office from the locality the applicant lives in. 

It can be requested online, in person or in a public register.

The timeline to submit this application is 60 days before the permit expires and 90 days after.

Documents to be presented in the renewal are mainly:

  • EX01 form signed
  • Complete passport
  • TIE 
  • Proof of economic means
  • Health insurance
  • Paid fees

Those documents will vary depending on the personal circumstances of the applicant. E.g.: If they have family members, children, change their home address, etc. 

CHANGING YOUR STATUS 

In the case of not meeting the requirements for the renewal, what can be done?

The immigration act allows you to modify your non-lucrative permit to another type of residency once the initial year is due. 

In case you cannot meet the requirements for renewing but have a job offer or a business plan meeting all the needed requirements, you can request a modification of your status and change your residence authorization to a residency and work authorization. 

You can consult the requirements for each one of the residencies on the links below:

If you are not sure about your possibilities, book an appointment with us so we can review your options:

NLV next steps

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What to do after receiving a non-lucrative visa? (NLV)

In this previous post we listed some of the characteristics of the NLV and discussed its main requirements such as economic means and health insurance. 

If you are applying for the first time for this residency, this permit is granted for one year and it is renewable twice for two-year terms each time. 

When you apply from abroad and your application is successful, the embassy or consulate issues a visa that will enable you to enter Spain. Normally, this visa is issued for a period of 90 days in which you are expected to enter the country. 

But if the initial permit is granted for 1 year, why is the visa issued only for 90 days?

The non-lucrative visa is a national visa and as such, by general rule, they are issued for a maximum period of 90 days. 

Other national visas can be issued for a longer period because the law established this exception in their specific cases e.g.: Student’s visa can be issued up to 180 days.

How do I get my permit for a year from the 90 days visa? 

Once in Spain, you are expected to apply for a TIE which is an ID card. This card is the final step and once issued, it will display your details, address and the duration of your permit. 

TIE NLV

How to apply for my TIE?

To apply for your TIE you need to book an appointment online with the office in the locality you are living in to submit the application. 

In the selected date, you must attend in person to the appointment with original and copy of your passport, correspondent signed form (EX-17), paid fees and photos size 26x32mm. 

On some occasions, you will be requested to present your registration in the town hall (empadronamiento) to prove you are living where you stated. We recommend to always look to register prior to the appointment. 

At Extranjeros Hoy we can help you book your appointment; prepare the forms and fees you need to bring along to the appointment and guide you on the town hall registration. Contact us if you are interested.

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Staying in Spain after finishing your studies

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Staying in Spain after finishing their studies is the great concern of our international students

When you are in Spain as a student, what to do next is always a big question mark.

Whatever your plans are, it is important to know beforehand what your student visa allows you to do. 

In the past, unless you have stayed in Spain as a student for more than 3 years, you couldn’t do much to change your permit. 

Gladly, the situation has progressively changed and now there are a few more options. Less than what we would like but still an improvement. 

Staying in Spain after finishing your studies

What has changed?

Possibility of applying for a new student visa from Spain. 

If you are studying a language course or working as an auxiliar de conversación and would like to enrol in a university degree, for example, in the past you would have had to return to your country to apply for a new visa from there. 

Currently, if you are in Spain legally, you can apply for a student visa from here up to 30 days before your permit expires. 

E.g.: If your student permit currently expires on December 1st, you have until before November 1st to apply for a student visa from Spain.

Getting a work permit

In the past, to be able to obtain a residence and work authorization from a student visa, it would require the applicant to have stayed as a student in Spain for at least 3 years. 

With the entrepreneurs’ law (2013) approval, more options became available and include residence for highly qualified workers, residence for entrepreneurs and residence for internship. 

IMPORTANT: The job offers for each one of those residences must meet specific requirements defined by the law and government instructions. 

Options without authorization to work

There is also the option to stay in Spain legally but without a work authorization. 

Under this category, you can find the non-lucrative visa and the job seeker visa options. Both will enable the student to change their visa, stay in Spain for one more year and apply for a work permit by the end of its duration. 

Here are some points that we must keep in mind at all times:

  • While changing your student visa to another permit, two legislations can be applicable depending on your own circumstances. 
  • Most of the options will correlate to your educational background 
  • The possibility to change from student visa to other residence/permit are time sensitive. 
  • The job offers matters: the student will be able to change their visa depending on the job and salary offer. 
  • Not all residence possibilities require having a job offer. Nevertheless, for those cases the residence permit wouldn’t allow you to work. 

To better understand your situation and which permit would better suit you, contact us!

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Non-lucrative visa (NLV)

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As the name implies, this visa is NOT based on your economic activity in Spain. 

It is intended for those who are willing to just live in Spain, without working. 

IMPORTANT: You don’t need to invest in property in Spain to be able to obtain this visa. You might want to, but it is not mandatory.

To whom might this visa interest? 

Non-lucrative visa (NLV)

Pensioners, retirees, anyone on a sabbatical year are some of the candidates for this type of visa and this is a non-exhaustive list. 


The visa is initially granted for a one year period. It can be renewed twice for 2 year periods each time.  By the end of the 3rd renewal, the person will have reached 5 years of residence and would be entitled to apply for a permanent residence, but this is another topic

Because this visa doesn’t require you to work in Spain, two elements are key to have it granted: Economic means and health insurance.

Enough economic means:

As a non-lucrative visa applicant, you have to prove having sufficient funds for the period of your residence. 

The minimum required is the equivalent of 400% IPREM for an individual application, adding 100% IPREM for each family member. In numbers it is translated to:

  • 27.115,20€ yearly + 6778,80 euros per family member 
  • 2.259,60€ monthly + 564.90 euros per family member 

Historical IPREM values can be found here.

Private health insurance: 

With this residence, you do not become a beneficiary of the Spanish public health system and therefore, when applying you need to take out a health insurance policy.

We recommend that you take a policy that covers same level as the public health system.  

Read more about health insurance coverage here 

Other documents to include in your application:

The minimum documentation requested for a non-lucrative visa (NLV) application is listed below: 

  • Medical declaration certifying that the applicant “does not suffer from any diseases that may have serious implications for public health in accordance with the provisions of the International Health Regulations 2005.”
  • Criminal records
  • Availability of an address or proof of accommodation
  • Form EX01 for applications of temporary non‐profit residence
  • Passport valid for at least 6 months (it can vary depending on the consulate you are applying from)
  • Fees
  • National visa form

Please keep in mind that the consulate where you address your application might request additional or specific documents. It is important to check with the consulate before starting the application.

Where to apply for this visa?

Consulates or embassy. Unless you are legally in Spain with another type of residence that enables you to change your permit to a non-lucrative (NLV) one, all applications must be made to a consulate from your home country or from where you are a resident. 

Once NLV is granted, what is the next step?

The visa enables the holder to travel to Spain to start the residency. Once here, a TIE will need to be issued and therefore a registration in the municipality will be required before attending the appointment to record your fingerprints and request the TIE (residence card). 

Do not miss this post for more information on the next steps once in Spain! CLIC HERE!

What should you consider for the renewal?

To be able to renew, you can’t have left the country for more than 6 months per year of residence, you must still meet the economic requirements and have health insurance granted for the period of residence. 

It is important to know that, if your maintenance is insured by periodic incomes such as pension payments, there is no variation from the first application to the renewal request. If they cover for the 400% IPREM in a monthly basis, the economic requirement is met. Nevertheless, if you intend to renew your visa basing your application on savings, for the renewal you will need to prove to have 800% to cover both years. 

If you need complete information about the renewal process of this permit click here!

If you need more information, contact us. 

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Health insurance for the EU residence application

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In our previous post, we summarized the categories of EU citizens that can register as a resident in another EU country if they are willing to live there for more than three months. We also presented the requirements to meet and documents to present in the application in Spain. 

According to the EU directive (DIRECTIVE 2004/38/EC), for 2 out of the 4 categories of EEA citizens eligible for registering, having a comprehensive sickness insurance in the host Member State is mandatory to obtain the residence right. Which means that without it, the citizen is not allowed to stay in another EU country for more than 3 months. 

The students and self-sufficient persons, with enough resources will need a comprehensive sickness insurance for registering as a resident in another EU state member. 

The definition of comprehensive sickness insurance is not given by the directive, therefore, there is room for each country internal law or administrative measures stablish guidelines for the fulfilment of this requirement. 

It is important to highlight, that even though there is room for interpretation on what is a comprehensive sickness insurance, if you want to succeed in registering as a resident in another EU country, you should make sure you take out a health insurance policy that ensures a coverage on the terms of what that country would consider as minimum for not to become a burden on their social assistance system during their period of residence. 

WHAT ABOUT SPAIN?

Health insurance for the EU residence application
Health insurance

The law in Spain (RD 240/2007) states that the health insurance must grant coverage of all risks in Spain.

This definition does not help much to clarify what is required from a health insurance to be acceptable in a residence application since “all risks” is vague enough to give room for interpretation.  

Therefore, the government dictated some instructions to clarify the subject and currently, the definition of what is accepted to fulfil this requirement is:

A public or private health insurance that grants health assistance in Spain, for the period of the residence, equivalent to the provided by the National Health System

Care services including all prevention, diagnosis, treatment, and rehabilitation activities as well as emergency health transport as part of basic care are highly recommended if we consider that those are the services included in the common portfolio of basic care services of the SNS. 

You can click here to obtain more information on what public health system in Spain covers. 

IMPORTANT: Aside from including basic care services, the health insurance policy must not be based on co-payment or cash back schemes nor contains pre-amortization period in accordance with what is provided by the Nationa Health System

STUDENTS AND THE EICH CARD IN SPAIN

The European Health Insurance Card is accepted as valid, only for students applications as long as it is valid for the whole period of the residence.

There are some limitations as well, since it requires that the EICH enable the beneficiary to receive only the essential assistance in this amount of time. 

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EU CERTIFICATE IN SPAIN, WHAT DO I NEED TO KNOW?

Spanish Residence permit for family of EU nationals

Spanish nationality: Am I eligible?

Student visa- Spain

Spanish Residence permit for family of EU nationals

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If you are a family member of a European country citizen, then your status might be ruled by the DIRECTIVE 2004/38/EC and free of movement principle applied to you as well. 

It means that if you are re-joining a Communautaire citizen to his/her home country or another EU host country, you can reside up to 3 months without any additional requirement and for more than three months if you met the stablished prerequisite by the EU Directive and administrative Law.  

Applying to the residence «Tarjeta Comunitaria»:

Prerequisites, documentation and process.

Spanish Residence permit for family of EU nationals

Prerequisites:

Who is considered eligible to this residence? 

Family members:

  • Marriage
  • Domestic Partnership
  • Descendants under 21 and above 21 if they depend economically 
  • Ascendants that depends economically

Other possible beneficiaries:

  • Any family member that:
    • Depends on the communitarian citizen
    • Has an incapacity that requires care 
    • Has a durable relationship with the EU citizen that it is duly attested 

To live in another State Member the EU citizen needs to prove to be in one of these situations:

  • Working
  • Self-employed
  • Student
  • Sufficient resources

Documentation to file with your application:

Regardless of your situation, all applications must contain:

However, documentation will vary based on your personal circumstances that you need to prove. 

Proving your familiar connection 

Family members.

  • Marriage: 

Marriage certificate. If issued by a non-EU country, translated and apostilled. If it is a public document from a Member State, you might be able to get it issue in a plurilingual format and it wouldn’t need to be apostilled. 

  • Civil partnership: 

If registered, a certificate with the details of the register translated and apostilled.

Same rule mentioned for documents issued by an EU and non-EU country would apply. 

  • Descendants/Ascendants: Birth certificates 

Other beneficiaries. Proving the circumstances:

  • Any family member that lives with or depends economically of the EU citizen as well as if serious health grounds strictly require the personal care of the family member.

Any document admitted by law that proves any of the alleged circumstances of living together in the past, economic dependence and/or personal health care need caused by the incapacity of take of oneself

  • Durable relationship 

Any document admitted by law that ensure the existence across the time of a relationship.

Some documents issued by a EU Member State, there is no need to apostille according to the Regulation (EU)2016/1191

Specifics with regards economic means:

  • If the EU citizen is working in Spain:

Contract of employment or any other proof of your employment status as such: Social Security register, employment certificate, etc.

  • If EU citizen is self-employed:

Proof of registration in the register of economic activities or any other document that proofs your self-employed status: registration in the commercial register (if you have a company); Social security enrolment, etc.

  • If EU citizen is not active anymore but has sufficient economic resources to him and all family members joining him/her in Spain:
    • Sufficient resources
    • Health care insurance  
  • If EU citizen is going to study in Spain:
    • Enrolment at a private or public educational establishment
    • Health care insurance
    • Declaration (or equivalent mean) of having sufficient resources to not become a burden on the host State member 

With regards what is considered sufficient resources

No State Member can demand a fix amount as sufficient resources and in all cases the amount cannot be higher than the indicators in which the host Member State bases the eligibility for social assistance for its nationals.  

What does it mean in Spain?

That it will be considered sufficient resources if you can prove a minimum of 537,84 € per month and 6.4545,03 € per year, if based in the Spanish indicator IPREM (Indicador Público de Renta de Efectos Múltiples) for example.   

With regards health care insurance:

It can be public or private and issued by any country. The requirement is that it covers for health care in Spain in the same level as primary assistance of Spanish National Health System.

Procedure guidelines for family of EU Citizens:

It will always be a two steps procedure in which first you request the administration to recognize your right to reside, based on the criteria established in the mentioned Directive and law and once granted, you would apply for the card (TIE – Tarjeta de identidad de extranjero).

Initial application:

If the person is out of Spain, they might have to request a visa to entry in Spain on their home country. 

In case the person interested, due his/her nationality do not need a visa to enter in Spain, once in the territory, the application must be filed up to 3 months after the entry date. 

The documentation mentioned earlier on this post, needs to be presented to the immigration office from the place in which the person is willing to live. 

Appointments can be booked HERE!

The administration has up to 3 months to review and resolve the request granting or denying the right to reside in Spain. 

If the outcome is favourable, then a TIE card needs to be requested. 

Normally the TIE is issued by the police and therefore you would have to also book an appointment and present the following documentation:

  • Form EX-19
  • Administrative resolution granting the residence
  • Passport (original and copy)
  • Paid fees (form 790 012)
  • 3 photos

For any doubt, please do not hesitate in contacting us.

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EU CERTIFICATE IN SPAIN, WHAT DO I NEED TO KNOW?

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We are all familiar with the EU principle of free movement that enables any EU citizen to move to any EU country to work and live.

The Directive that grants the rights and obligations with regards free movement principle (DIRECTIVE 2004/38/EC), determines that EU Countries might require Union citizens to report about their presence within its territory.

Nevertheless, no additional requirement is needed to live up to 3 months in another Member State.

After three months, the right to residency is conditional to if you have sufficient resources to not become a burden to the host State, if you are a worker, self-employed or a student and if you have health care insurance.

EU CERTIFICATE IN SPAIN, WHAT DO I NEED TO KNOW?

To stay in Spain for more than 3 months, indefinitely or permanently, what do I need to do?

Each country in the EU establishes more or less the procedures to follow in order to formalise your presence within their territories. The requirements are dictated by the Directive, but procedures depend on the internal administrative law. 

In Spain, every European citizen that would like to live for more than 3 months have the obligation to apply for its EU card (Certificado UE o «tarjeta verde») that will be valid for a 5 year residence.

After these 5 years, if you wish to keep living in Spain, you should apply for permanent residence that would cover your stay for 10 years.

How do you apply for an EU certificate?

First step: book an appointment with the immigration office or police station of the locality you wish to live in.  

Documents to bring with you at this appointment: 

  • Form EX-18 
  • Passport
  • Proof of being in one of the 4 situations mentioned before
  • Fees (form 790- 012) 

Which documents proves that my status in Spain gives me the right to remain in Spain?

Documents will vary according on your personal situation. Below you can find examples of valid documents that would be accepted according to the specific case:

  • If you are going to work in Spain:
    • Contract of employment or any other proof of your employment status as such: Social Security register, employment certificate, etc.
  • If you are going to be self-employed:
    • Proof of registration in the registry of economic activities or any other document that proves your self-employed status: registration in the commercial registry (if you have a company); Social security enrolment, etc.
  • If you are not active anymore and you are not intending to be working in Spain:
    • Sufficient resources
    • Health care insurance  
  • If you are going to study in Spain:
    • Enrolment at a private or public educational establishment
    • Health care insurance
    • Declaration (or equivalent means) of having sufficient resources to not become a burden on the host Member State

IMPORTANT REMARKS:

With regards to what is considered sufficient resources

No State Member can demand a fixed amount as sufficient resources and in all cases the amount cannot be higher than the indicators in which the host Member State bases the eligibility for social assistance for its nationals.  

What does it mean in Spain?

That it will be considered sufficient resources if you can prove a minimum of 537,84 € per month and 6.4545,03 € per year, if based in the Spanish indicator IPREM (Indicador Público de Renta de Efectos Múltiples) for example.   

With regards health care insurance:

It can be public or private and issued by any country. The requirement is that it covers for health care in Spain in the same level as primary assistance of Spanish National Health System.

With regards the fees (Form 790- 052):

Please note that the fees to be valid they would need to display your NIE, which is the identification number assigned to you.

If you haven’t requested an NIE number for other purposes in Spain before registering as a resident through the described procedure, you cannot pay the fees until the police provide you with a number. 

If you are in this case, first present all documents mentioned above and ask to pay the fees at the bureau at that time.

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If you have any doubts, please 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!

*You may also be interested in….

Soy familiar de ciudadano británico, ¿cómo me afecta el Brexit?

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Como anunciamos recientemente, el pasado 4 de julio se publicaba una Instrucción por la que se determina el procedimiento para la expedición del nuevo documento de residencia para ciudadanos británicos en España tras el Brexit.

¡Véase aquí toda la información relativa a este nuevo documento: cómo se aplica, a quién y en qué supuestos.

Según la misma, se establece un periodo transitorio (hasta el 31 de diciembre de 2020), durante el cual, los ciudadanos británicos seguirá disfrutando de los derechos de libre circulación como el resto de ciudadanos comunitarios.

La Instrucción, a su vez, contempla distintos supuestos según el ciudadano británico sea titular, o no, de un permiso de residencia en España. Esto es, un CERTIFICADO UE (conocido como «papel verde»).

Pero, ¿qué ocurre con los familiares de los ciudadanos británicos si son nacionales de terceros estados?

¿Deben también solicitar este documento de residencia específico?

Pues bien, la Instrucción también contempla supuestos distintos según el familiar sea titular de una tarjeta de familiar de comunitario (temporal o permanente), o no.

Soy familiar de ciudadano británico, ¿cómo me afecta el Brexit?

¡Veamos los distintos supuestos de familiares de ciudadanos británicos!

Supuesto 1:

Familiar del ciudadano comunitario (nacional de tercer estado) que ya es titular de una tarjeta comunitaria en España, pero lleva residiendo menos de 5 años:

En este supuesto el interesado podrá solicitar el nuevo documentos personalmente en las dependencias policiales.

La documentación que deberá aportar en este supuestos es:

  • Modelo de solicitud EX-23
  • Pasaporte completo (original y copia)
  • Justificante del abono de la tasa (modelo 790 código 012)
  • Una fotografía.

Este documento tendrá una validez de 5 años y en el mismo figurará su carácter «temporal».

Si el familiar demostrase una residencia en España de 5 años, podría acceder directamente al permiso permanente.

Al mismo tiempo, como características principal de este nuevo documento, deberá incluir la frase «emitido en conformidad con el artículo 18.4 del Acuerdo de Retirada».

Supuesto 2:

Familiar del ciudadano comunitario (nacional de tercer estado) que ya es titular de una tarjeta comunitaria en España (temporal) y ya ha alcanzado los 5 años de residencia en el país.

En este supuesto, el proceso se divide en dos pasos: un primer paso en la Oficina de extranjería; y un segundo paso en las dependencias policiales.

Paso 1: Oficina de Extranjería

El interesado podrá presentar la solicitud personalmente. O bien, por medios telemáticos.

La documentación a presentar será la siguiente:

  • Modelo de solicitud EX-21
  • Pasaporte completo
  • Documentación que acredite el derecho a solicitar este permiso (depende de cada caso).

Una vez obtengamos la resolución de concesión del permiso, pasamos al :

Paso 2: dependencias policiales.

Este trámite es el mismo que mencionamos en el supuesto número 1, el cual deberá realizar el familiar personalmente.

Deberá aportar la documentación antes mencionada.

La única diferencia es que, al expedir este documento, además de la frase que el interesado se encuentra bajo el ámbito de aplicación del acuerdo de retirada, se expedirá con carácter «permanente».

Esto es, la vigencia del permiso será de 10 años, transcurrido el cual se procederá a la renovación automática.

Supuesto 3:

Familiar del ciudadano comunitario (nacional de tercer estado) que ya es titular de una tarjeta comunitaria en España (con carácter permanente).

En este supuesto, el interesado ya es titular de una tarjeta comunitaria permanente. Con una vigencia de 10 años.

Por tanto, el interesado solo tendrá que realizar el PASO 1 , de forma personal, en las dependencias policiales con la misma documentación (mencionada en el primer supuestos).

Supuesto 4:

Familiar del ciudadano comunitario (nacional de tercer estado) que NO es titular de una tarjeta comunitaria en España.

En este supuesto, el familiar del nacional británico aún no tiene permiso de residencia en España.

Por tanto, al igual que en el SUPUESTO 2, tendremos que realizar dos pasos:

Primero, solicitar la tarjeta comunitaria en la Oficina de extranjería competente. Lo cual, podrá realizar personalmente o de forma telemática.

Una vez obtenida la resolución favorable (concesión del permiso), pasaremos al PASO 2, en el que el interesado deberá acudir a las dependencias policiales para solicitar, personalmente, la expedición del documento.

La documentación a presentar será la misma que hemos expuesto en el segundo supuesto.

Este documento tendrá una vigencia de 5 años. Y por tanto, carácter temporal, el cual deberá renovarse finalizado dicho periodo.

¡DATO IMPORTANTE! Estos nuevos documentos para los nacionales británicos y nacionales puede solicitarse a partir del 6 de julio de 2020.

Por otra parte, como hemos mencionado, la documentación para solicitar o renovar la tarjeta comunitaria puede variar según el vinculo que se tenga con el ciudadano británico (sea hijo, cónyuge, pareja de hecho, familiar a cargo, etc).

Por ello, recomendamos asesorarse bien en cada caso.

Si tienes dudas, ¡Resuélvelas de la mano de profesionales! Escríbenos sin compromiso. ¡Podemos ayudarte!

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