The UK’s exit from the EU took place on 31 January 2020 and the terms of the departure are defined in the Agreement on the withdrawal of the United Kingdom from the EU negotiated by both parties. The Withdrawal Agreement entered into force on 1 February 2020 and provides for an orderly departure of the UK from the EU.
To this end, the Withdrawal Agreement foresees a transition or implementation period which expires on 31 December 2020. Residence rights are regulated in Title II of the Withdrawal Agreement.
It should be kept in mind that registration certificates and residence card to family members of a Union citizen obtained before the end of the transition period will serve to prove their legal residence in Spain afterwards and to benefit from the provisions of the Withdrawal Agreement. However, as from 6 July, you may apply for the issuance of a residence document explicitly mentioning your status as a beneficiary of the Withdrawal Agreement.
For those arriving in Spain after 6 July and in order to avoid double requests (certificate of registration of a citizen of the EU and residence document) a procedure for issuing residence documents under the Agreement during the transition period has been designed. Once this procedure is operational (6 July), applications for registration certificates or residence cards for the family member of the Union citizen submitted by the beneficiaries of the Agreement shall be processed as applications for the residence document referred to in Article 18.4 of the Agreement.
The Withdrawal Agreement provides a transition period until 31 December 2020.
During this transition period, United Kingdom nationals and their family members who are nationals of third countries residing in Spain shall maintain their rights arising from the application of EU law.
After the end of the transition period, the Withdrawal Agreement sets out that their rights of residence, work, studies and social security will be maintained.
It should be kept in mind that registration certificates and residence card to family members of a Union citizen obtained before the end of the transition period will serve to prove legal residence in Spain afterwards and to benefit from the provisions of the Withdrawal Agreement.
