Despìte
information to the contrary in various publications in Spain, the Royal Decree
Contingency Plan, published in Nexonr yesterday, are not dependent on
reciprocity from the UK in all instances, reports CAB Spain.
With regards to healthcare (including S1, EHIC, S2 and cross border
prescriptions), there will be a two month grace period, after 2020, and if after that time it
appears there is no full reciprocity, that part of the plan will cease to be
valid.
ForDriving Licences, there is
a 9 months grace period. Non- residents can continue to
drive in Spain with their UK licence during the grace period. Those who are
resident will have the opportunity to exchange/renew their licences for a
Spanish permit. After the nine months, the rules for non EU citizens will apply.
Residency
The main difference between EU and non EU residentsis that EU citizens have freedom
of movement and that entails being allowed to settle in any of the EU member
states.
Non EU citizens who wish to reside in Spain, need to ask for residency
authorisation first, through the Spanish consulate in their homeland.
In the case of British citizens already residing here on the 29th of March,
there will be other procedures to obtain a TIE certificate and prior
authorisation to reside here, where applicable.
To arrangefor new residency documentation as non EU residents
in Spain, there will be a grace period of 21 months.
All those who have registered as EU residents before the 29th of March,
plus those that are residing here but have not applied for residency as yet,
will be considered legal residents.
The EU resident certificates will remain valid proof of legal residency during
this grace period whilst they haven’t been replaced by the new non EU residency
document and provided they have not expired (non EU family members of EU
residents). Everyone will need to obtain a new residency card to document their
status as non EU residents (TIE – Tarjeta de Identidad de Extranjero) before
the end of the grace period.
According to the information they have CAB Spain identify four different procedures:
Group I
Those with residency certificates that state they are permanent residents, ´residente comunitario con carácter permanente desde
….´. This certificate will sufficiently accredit a legal and continuous
residency of five years or more and will entitle you to the TIE for non EU
citizens that accredits ´residencia de larga duración´without the need to apply
for residency authorisation first.
You’ll need
to apply for your TIE personally with the Policia Nacional, but all you need to
supply will be: passport, proof of payment of the administrative fee ´tasa´ and
a photograph.
The same applies for a non EU family member of a permanent UK resident who also
has a permanent residency card.
Group II
Those who have resided in
Spain legally for 5 years or more, but don’t have a certificate that confirms
this status and those that will have resided in Spain for 5 years at a time
during a future period.
These
will need to apply for a TIE ´residencia larga duración´ with the Extranjería
office in their province, but they will need to accredit their legal and
continuous residency first. They will likely be asked to supply other
documentation besides the EU residency certificate. Periods of absence from
Spain during the 5 years can influence the accreditation negatively.
Those with Spanish contributive pensions can also apply for TIE ´residencia
larga duración´ without having resided here for 5 years first.
Group III
Those who reside in Spain
legally, so have registered as residents before the 29th of March, but are not
considered permanent residents yet (under 5 years).
They
will need to apply for a TIE ´residencia temporal´and instructions on how and
where to do so are to be published by the Spanish government.
Group IV
Those who reside in Spain but haven’t
registered as resident before the 29th of March, so without an EU residency
certificate.
They will need to apply for a residency authorisation first,
and once that has been resolved positively, apply for a TIE ´residencia
temporal´. Instructions on how and where to do so are to be published by the
Spanish government.
All this information and more is available on the Website of CAB Spain. Nexonr
recommends our readers use this website for accurate, up to date information on
Brexit and many other issues, which affect UK residents living in Spain.
ABOUT CAB
SPAIN
CAB Spain provides a free service but donations
are appreciated to cover expenses incurred assisting members.
We are a registered NPO/NGO organisation/charity. Please note that we rely on
our community to continue to be able to offer our services.
You can register as star members, which allows you to use the ‘Ask for Advice’
section for a ‘one to one’ with a CAB Senior Adviser annually as often as
necessary. For website membership, click on the Register link and for donations
see website.
CAB Spain is run entirely by volunteers.
