If you have lived in Spain for five years, before the withdrawal agreement deadline came into force, and do not have a residency document you still have a “fundamental right” to remain in Spain.
You must be able to prove you have lived in Spain for the required period (when the UK was a member of the EU ie. before the withdrawal agreement) when applying for your TIE or be the holder of a green residency certificate, which states permanent.
If you have resided in Spain for the required five year period but have not carried out the necessary administrative procedures (ie. having applied for your green residency certificate or TIE) this does not interfere with your right to stay in Spain although, administratively, it could make your life very difficult.
The current advice is, if you have lived in Spain for five years or more before the withdrawal agreement deadline, you can apply for residency and are advised to do so.
The green residency document is legal proof of your residency but, to make your life administratively easier, you are advised to exchange this for a TIE.
Proofs of living in Spain for five years may include work contracts, accommodation rental agreements, children´s school records, “padrons”, registration on for unemployment etc. The more “proofs” you have the easier the process.
Proof that you own a property in Spain will not be proof of residency.
This is the clause which confers you rights as a EU citizen to remain in Spain (if you comply with the conditions mentioned above).
“The fundamental and personal right of residence in another Member State is conferred directly on Union citizens by the Treaty and is not dependent upon their having fulfilled administrative procedures”.
Possession of a residence document is not a prerequisite for lawful residence in accordance with Union law because under Union law the right of residence is conferred directly on EU citizens by the Treaty and is not dependent upon their having fulfilled administrative procedures. On the other hand, the possession of a residence document issued under Union law does not, in itself, make the residence to be in accordance with Union law.”
If you do not meet the five year residency rule you will be eligible to stay if you are:
– workers or self-employed;
– have sufficient resources and sickness insurance;
– are family members of another person who meets these conditions;
– have already acquired the right of permanent residence and are therefore no longer subject to any conditions.
There are exemptions for those who are no longer working in Spain and their family members.
Please check with a specialist advice agency (eg. CAB Spain), the British Embassy or a specialist immigration lawyer if you consider you qualify for an exemption.
