The UK’s departure from the European Union, the procedure and your rights in Spain under the Withdrawal Agreement

Brexit is the name given to the process of departure of the United Kingdom of Great Britain and Northern Ireland from the European Union.

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.

In order to be recognised as a beneficiary of the Withdrawal Agreement in Spain to address the documentation process the Withdrawal Agreement offers two possibilities:

(1) Lay down a procedure of a constituent nature, in which a new residence status must be applied for in the host State (Article 18.1).

(2) Not to apply this procedure meaning that UK nationals will not have to ask for a new residence status as a condition for legal residence. In this case, those eligible for residence rights under the Withdrawal Agreement shall have the right to receive a residence document expressly identifying them as beneficiaries of the Agreement (18.4).

Spain has opted for this second option and it is therefore not mandatory to apply for a new residence document.

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.

TRANSITION PERIOD

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. 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.

Having a certificate of registration in force is a guarantee of your rights as a resident in Spain.

The Withdrawal Agreement protects United Kingdom nationals residing in Spain at the end of the transition period, as well as their third-country relatives, being members of the family before the end of the transition period.

Advantages of being recognised as a beneficiary of the Withdrawal Agreement

Both Brexit and the Withdrawal Agreement make it necessary to know which UK nationals reside in Spain before the end of the transition period and which ones arrive after that date.

This is because the former, those who reside in Spain before 31 December 2020, will have the rights of residence, free movement and social security recognised by the Withdrawal Agreement. While those who arrive after that date will have different rights, either those that recognize the future relationship between the EU and the United Kingdom, or, in its absence, those recognised by Spanish law.

If you arrive in Spain after the date of withdrawal (31 January 2020) and in the middle of the transition period (1 February 2020-31 December 2020)

The Withdrawal Agreement provides a transition period until 31 December 2020.

As from 6 July, the procedure for obtaining the residence document of Article 18.4 of the Agreement will be enabled. Therefore, if you arrive from that date on, you must apply directly for the residence document at the Immigration Offices of the province in which you reside. It will be verified that you meet the same requirements demanded for obtaining the Union citizen registration certificate. Once this residence document has been obtained, it will be issued (in format Foreigner’s Identity Card (TIE)) which will explicitly mention your status as beneficiary of the Withdrawal Agreement.

Family members of a UK national, third-country nationals, resident in Spain.

Family members will maintain their family status throughout the transition period and thereafter.

If you arrive in Spain after 1 January 2021

Unless covered by the subjective scope of the Withdrawal Agreement, United Kingdom nationals entering Spain after 1 January 2021 shall be considered as third-country nationals. Therefore, the general immigration regime will apply to them, unless a future mobility scheme is negotiated within the framework of the future relationship being negotiated between the UK and the EU.

HOW DO YOU GET THE RESIDENCE DOCUMENT?

In order to obtain the residence document, you must request a prior appointment and submit your application personally to the police establishments. The certificate will be replaced by the new residence document that will be given to you within the time indicated by the office that processed the card.

Should I request it before 31 December 2020?

The procedure shall be operational from 6 July 2020, the date on which you may obtain a prior appointment to request the issue of this document.

Applications for the replacement of the registration certificate already in your possession may be raised at any time, including once the transition period is over. If you don’t have a registration certificate you can continue to reside in Spain, but in order to facilitate administrative arrangements and border crossings and your recognition as a beneficiary of the Withdrawal Agreement, it is appropriate that you are in possession of the residence document. It is recalled that, as from 6 July, in order to avoid double requests, registration certificates will no longer be issued to United Kingdom nationals and applications for such certificates will be understood and processed as applications for the residence document.

How do I get the residence document?

In order to obtain the residence document, you may have access to the new procedure established for this purpose by personally presenting the application, you or your representative, at the Immigration Office of the province (Oficina de Extranjería) in which you reside, or electronically.

Among other requirements, you must prove that you resided in Spain before the end of the transition period (e.g. through your registration certificate, rental contracts, property ownership, employment contract, registration at a school). This element will be more important if your application is submitted after the transition period.

The procedures are as follows:

First: you shall apply for the residence document at the Immigration Office of the province (Oficina de Extranjería) where you reside or will establish your residence. You can request it in person at the office (personally or through a representative) but you must obtain a prior appointment

And you may also request it electronically.

Second: once granted, you must request its dispatch to the appropriate police unit. This procedure is face-to-face and personal.

The deadline for submitting the application will be 3 months from your arrival in Spain.

The deadline for deciding on your concession is three months. And after that, you must request its dispatch within one month of notification.

The application for the residence document must be made to the Immigration Office of the province (Oficina de Extranjería) in which you reside or where you are planning to establish your residence. Remember that you can make the request electronically.

Can another person file the residence document application in my place?

Requests to Immigration offices may be made by a duly accredited representative.
On the other hand, the application for the issuance of the residence document (the physical card) to the police units be made personally by the person concerned. Similarly, the collection must be carried out by the person concerned and presenting a valid and current passport.

Documentation and procedure

The documents must be original.

If you apply electronically for the residence document (procedure to be authorised for those who have not obtained a prior registration certificate) you will provide copies of it. It is recalled that an electronic signature system must be in place in order to make the electronic application.

Proof of sufficient income will only be required if you do not have a previous registration certificate and do not perform a professional or work activity in Spain.

You must not provide it together with your request. However, the competent authority may verify the existence of a criminal record and, where appropriate, refuse documentation on this ground considering it would affect public policy.

If you arrive in Spain after 6 July, I must request the document within 3 months of the entry date, what happens if I submit the request later?

A sufficient additional time limit will be granted only if sufficiently serious reasons (e.g. serious illness) are established. These cases will be assessed individually by the Immigration Office.

If it is necessary to provide any additional documentation, it will be the administration itself that will contact you electronically or at your postal address. If you have provided an e-mail for notification purposes, please be aware of it.

If an application is rejected? What will be the deadlines for filing an appeal?

If your application is rejected, you may file a complaint through administrative channels. The decision itself will tell you the formalities relating to the appeal, deadlines, and to whom you must submit it. After this analysis in administrative proceedings, you will be able to go to court.

Summary of steps table

A REGISTRATION CERTIFICATE IS IN POSITION

IF I HAVE A TEMPORARY REGISTRATION CERTIFICATE BUT HAVE NOT REACHED 5 YEARS OF LEGAL RESIDENCE IN SPAIN

PLACE TO SUBMIT THE APPLICATION AND OBTAIN THE DOCUMENT

In police units to be established by appointment.

DOCUMENTATION TO BE SUBMITTED

Document application print (Form EX23).
Valid and valid passport or copy of the expiry date. If the passport is expired, a copy of the passport and the renewal application must be provided.
Print proof of payment of fees (Model 790. Code 012).
1 photograph in accordance with the requirements laid down in the national identity document regulations.

I HAVE REACHED 5 YEARS OF LEGAL RESIDENCE, AND HAVE NOT YET APPLIED FOR A PERMANENT REGISTRATION CERTIFICATE OR IF YOU HOLD A PERMANENT REGISTRATION CERTIFICATE

PLACE TO SUBMIT THE APPLICATION AND OBTAIN THE DOCUMENT

In police units to be established by appointment.

DOCUMENTATION TO BE SUBMITTED

Document application print (Form EX23).
Valid and valid passport or copy of the expiry date. If the passport is expired, a copy of the passport and the renewal application must be provided.
Print proof of payment of fees (Model 790. Code 012). The paragraph “Certificate of Community resident registration or residence card of a family member of a Union citizen” should be marked.
1 photograph in accordance with the requirements laid down in the national identity document regulations.

When you go to pick up your residence document (once it is issued) you must carry your valid and current passport.

* If you are the holder of a temporary registration certificate but have not yet reached 5 years of legal residence in Spain, remember that you can wait to change your document once these 5 years have passed. In this way, you will be issued directly with a permanent residence document.

NO EU REGISTRATION CERTIFICATE IS IN POSITION

It may happen that you do not have a registration certificate because you did not apply for it before 6 July or because you arrived in Spain during the transition period or at a later time. In this case the issuance of the document will involve the realization of two different steps:

First step

The place where the application may be submitted is:

The Immigration office of the province where you reside or intend to reside. Remember that for this face-to-face procedure (personally or through representative) you need to have previously obtained an appointment.
Or electronically.

With regard to the documentation to be provided, this is determined by Order PRE/1490/2012 and is as follows:

In any case

Document application print (Form EX20).
Valid and current passport. If it is expired, a copy of the application and the renewal application shall be provided.
Documentation attesting that he resided in Spain before 31/12/2020 or, if later, that he falls within the scope of the Agreement Employed persons.
Declaration of employment by the employer or a certificate of employment.

These documents shall include at least the details of the company’s name and address, tax identification and trading account code. In any case, the presentation of the employment contract registered with the relevant Public Employment Service or a discharge document, or assimilated to discharge, shall be permitted under the corresponding social security scheme, although it will not be necessary to provide this documentation if the data subject consents to the verification of such data in the files of the General Social Security Treasury.

Self-employed

Proof that they work on their own.

In any case, the registration in the Census of Economic Activities or the justification of its establishment shall be admitted by registration in the Commercial Registry or the document of discharge or status assimilated to the corresponding social security scheme, although it will not be necessary to provide this documentation if the data subject consents to the verification of such data in the files of the General Treasury of Social Security or the Tax Agency.

Persons who do not engage in employment in Spain

Documentation attesting to the fulfilment of two conditions:

Health insurance, public or private contracted in Spain or in another country, provided that it provides coverage in Spain during its period of residence equivalent to that provided by the National Health System.
In any event, pensioners shall be deemed to fulfil this condition if they certify, by means of the corresponding certification, that they are entitled to health care from the State for which they receive their pension.
Provision of sufficient resources, for themselves and for members of their families, not to become a burden on the social assistance of Spain during their period of residence.

Students

Documentation attesting to compliance with the following conditions:

Enrollment in a Centre, public or private, recognised or financed by the competent educational administration.
Health insurance, public or private.
Responsible statement that he has sufficient resources for himself and his family members, so as not to become a burden on Spain’s social assistance during his period of residence.

National family member of the United Kingdom

Passport of the United Kingdom national gives right
Document demonstrating the link with the rightful United Kingdom national

Proof of the application will be obtained, which will be sufficient to demonstrate your regular stay status until the delivery of the residence document.

Second step

Once granted, you must request its dispatch to the appropriate police unit. This procedure is face-to-face and personal. Remember that you must first get an appointment.

The documentation to be provided shall be:

Print of application for the residence document (Form EX23)
Valid and current passport of the applicant. If the passport is expired, a copy of the passport and the renewal application must be provided.
Print attesting to the payment of fees (Model 790, Code 012, subject to the paragraph “Certificate of Community resident registration or residence card of a citizen of the Union).
1 photograph in accordance with the requirements laid down in the national identity document regulations.
Once the document has been issued, you must present your valid and current passport to collect it.

Finally, the duration of the residence document shall be:

5 years if I’ve been less than 5 years in Spain
10 years if I have more than 5 years in Spain

FAMILY MEMBERS, THIRD-COUNTRY NATIONALS, OF A UK NATIONAL

Family members are beneficiaries of the Withdrawal Agreement and are therefore entitled to obtain the residence document under article 18.4.

If they are in possession of a residence card for a family member of the EU citizen, they may apply to the police authorities for it to be replaced by the residence document.

If, on the other hand, they do not have a family member’s card of a citizen of the Union or have had it, but they have been resident in Spain for more than five years without having access to the permanent card, they may apply to the Immigration office (Oficina de Extranjería) in the province where they reside for the residence document, which will be assessed individually and which, if resolved positively, will allow them to request the issuance of the document.

Family members of United Kingdom nationals shall be beneficiaries provided that they satisfy one of the following conditions:

Have resided in Spain before the end of the transition period and continue to reside here after this period
Have not resided in Spain before the end of the transition period, but have a direct link with a national of the United Kingdom before the end of the transition period and, at the time when they are to be reunited with them, (e.g. with regard to spouses, dependent descendants
To be a first-degree consanguineous or adoptive descendant of a national of the United Kingdom and that the birth or adoption took place before or after the end of the transition period, in Spain or in a different place, provided that, at the time they are reunited with him, they are members of the nuclear or direct family as described in question 3.3 and meet one of the following conditions:✓ Both parents are nationals of the United Kingdom
✓ One of the parents is a national of the United Kingdom and the other of Spanish nationality, or one of the parents is a national of the United Kingdom and has the right of joint or exclusive custody of the child.
Family members who have resided in Spain in accordance with Articles 12 and 13, Article 16(2) and Articles 17 and 18 of Directive 2004/38/EC before the end of the transition period and who continue to reside there after that period.

Who are considered family members

According to the definitions of the Withdrawal Agreement, both the so-called nuclear family and the so-called extended family should be taken into account provided that the family relationship (marriage, registered partner, long-term relationship, etc.) has been established before the end of the transition period and is maintained when the right of residence is to be exercised.

It is considered nuclear family as set out in the Withdrawal Agreement:

The spouse
The partner with whom the UK citizen is in a union analogous to a conjugal union entered in a public register established for that purpose in a Member State of the European Union or in a State party to the European Economic Area, provided that such entry has not been cancelled.
Their direct descendants, and those of their spouse or registered partner
Their direct ascendants, and those of their spouse or registered partner living in their care

It will also apply to the extended family, in the framework of the withdrawal agreement as follows:

Another member of the family, regardless of nationality, who does not fall within the above definitions and who, in the country of origin, is dependent on or lives with the EU citizen who has the right of residence on a principal basis, or where, for serious health reasons, it is strictly necessary for the citizen of the EU to take care of the family member’s personal care
The couple with whom the citizen of the Union has a stable relationship, duly proven

However, this will apply to members of the extended family whose application for entry and residence under the Withdrawal Agreement was submitted before the end of the transition period and whose procedure is pending after the transition period.

In addition, Article 9(a)(ii) of the Withdrawal Agreement goes beyond the reference to persons actually caring for another person (such as a parent caring for a minor) and is worded more openly, to allow its application also to persons other than those actually caring for another person (e.g. also minor siblings who are actually cared for by the same person or persons as the minor EU citizen).

Future family members do not have residence rights under the Withdrawal Agreement, with the sole exception of future children (born or legally adopted by European Union citizens or UK nationals).

I HAVE RESIDENCE CARD TO FAMILY MEMBERS OF A UNION CITIZEN

In order to obtain the residence document, you must request a prior appointment and submit your application personally to the police establishments. Your temporary or permanent residence card to family members of a Union citizen shall be replaced by the new residence document which will be given to you within a period specified by the office that processed the card.

If you have a temporary residence card to family members of a Union citizen, but have already reached 5 years of residence in Spain, you will be able to access the new procedure established for this purpose, by personally submitting the application, you or your representative, at the Immigration office of the province in which you reside (Oficina de Extranjería), or electronically.

The procedures are as follows:

First: you shall apply for the residence document at the Immigration office of the province where you reside or are going to establish your residence. You can request it in person at the office (personally or through a representative) but you must obtain a prior appointment or electronically.

Second: once granted, you must request its dispatch to the appropriate police unit. This procedure is face-to-face and personal.

Should I request it before 31 December 2020?

The procedure will be operational from 6 July 2020, when an appointment can be made for the issue of this document.

Applications for the replacement of the residence card to family members of a Union citizen that you already hold may be raised at any time, including at the end of the transition period.

Remember, however, that your residence card to family members of a Union citizen will remain valid until it expires and serves to prove your legal residence in Spain after the end of the transition period and therefore benefit from the provisions of the Withdrawal Agreement. Therefore, please apply for this residence document when your card is about to expire.

I DON’T HAVE A RESIDENCE CARD TO FAMILY U.E.

If you arrive in Spain after 6 July and before the end of the transition period.

To avoid double requests, a system has been deployed in which applications for residence card to family members of a Union citizen for beneficiaries of the Withdrawal Agreement will be understood and processed as applications for this residence document identifying them as beneficiaries of the Agreement.

To obtain the residence document, you can access the new procedure established for this purpose, personally presenting the application, you or your representative, at the Immigration office (Oficina de Extranjería) of the province in which you reside, or electronically.

The procedures are as follows:

First: you shall apply for the residence document at the Immigration office of the province where you reside or are going to establish your residence.

You can request it in person at the office (personally or through a representative) but you must obtain a prior appointment or electronically.

Second: once granted, you must request its dispatch to the appropriate police unit. This procedure is face-to-face and personal.

If you arrive from July 6, the deadline for submitting the application will be 3 months from your arrival in Spain.

A sufficient additional time limit will be granted only if sufficiently serious reasons (e.g. serious illness) are established. These cases will be assessed individually by the foreign office.

The deadline for deciding on your concession is three months. And after that, it must request its dispatch within one month of notification.

The application for the residence document must be made to the Immigration Office of the province (Oficina de Extranjería) in which you reside or where you are to establish your residence. Remember that you can make the request electronically.

Requests to foreign offices may be made by a duly accredited representative.

On the other hand, the application for the issuance of the residence document (the physical card) to the police units must be made personally by the person concerned. Similarly, the collection of the same must be carried out by the interested party himself.

I HAVE A RESIDENCE CARD TO FAMILY MEMBERS OF AN UNION CITIZEN

PLACE TO SUBMIT THE APPLICATION AND GET THE CARD

In police units to be established by appointment.

DOCUMENTATION TO BE SUBMITTED

Document application print (Form EX23)
Passport in force or a copy of the expired passport. If the passport is expired, a copy of the passport and the renewal application must be provided.
Print proof of payment of fees (Model 790. Code 012). The paragraph “Certificate of Community resident registration or residence card of a family member of a Union citizen” should be marked.
1 photograph in accordance with the requirements laid down in the national identity document regulations.

REACHED 5 YEARS OF LEGAL RESIDENCE IN SPAIN

FIRST STEP

The place where the application may be submitted is:

You can request it in person at the office (personally or through a representative) but you must obtain a prior appointment.

Or electronically.

Documentation to be provided will be:

Document application print (Form EX21)
Passport in force or a copy of the expired passport. If the passport is expired, a copy of the passport and the renewal application must be provided.
Documentation attesting to the existence of a family bond, marriage or union.
Certificate of registration or residence document of the United Kingdom national with whom they are accompanying or with whom they are to meet.
Documentation attesting, where so required, that the applicant for the card lives in charge of the United Kingdom national of whom he is a relative.
1 photograph in accordance with the requirements laid down in the national identity document regulations.

Proof of the application will be obtained, which will be sufficient to demonstrate your regular stay status until the delivery of the residence document.

SECOND STEP

Once granted, you must request its dispatch to the appropriate police unit. This procedure is face-to-face and personal.

The documentation to be provided shall be:

Print of application for the residence document (Form EX23)
Passport in force or copy of the expired document. If the passport is expired, a copy of the passport and the renewal application must be provided.
Print proof of payment of fees (Model 790. Code 012). The paragraph “Certificate of Community resident registration or residence card of a family member of a Union citizen” should be marked.
1 photograph in accordance with the requirements laid down in the national identity document regulations.

Once the document has been issued, you must present your valid and valid passport to collect it.

IF YOU HOLD A PERMANET RESIDENCE CARD TO FAMILY MEMBERS OF A UNION CITIZEN

PLACE TO SUBMIT THE APPLICATION AND OBTAIN THE DOCUMENT

In police units to be established by appointment.

Documentation to be submitted

Document application print (Form EX23)
Passport in force or a copy of the expired passport. If the passport is expired, a copy of the passport and the renewal application must be provided.
Print proof of payment of fees (Model 790. Code 012). The paragraph “Certificate of Community resident registration or residence card of a family member of a Union citizen” should be marked.
1 photograph in accordance with the requirements laid down in the national identity document regulations.

I DO NOT HAVE A RESIDENCE CARD TO FAMILY MEMBERS OF A UNION CITIZEN FOR ANY REASON

First Step

The place where the application may be submitted is:

You can request it in person at the office (personally or through a representative) but you must obtain a prior appointment.
Or electronically.

Documentation to be provided will be:

Document application print (Form EX21)
Passport in force or a copy of the expired passport. If the passport is expired, a copy of the passport and the renewal application must be provided.
Documentation attesting to the existence of a family bond, marriage or union
Certificate of registration or residence document of the United Kingdom national with whom they are accompanying or with whom they are to meet.
Documentation attesting, where so required, that the applicant for the card lives in charge of the United Kingdom national of whom he is a relative
1 photograph in accordance with the requirements laid down in the national identity document regulations.

Proof of the application will be obtained, which will be sufficient to demonstrate your regular stay status until the delivery of the residence document.

Second Step

Once granted, you must request its dispatch to the appropriate police unit. This procedure is face-to-face and personal. Remember that you must first get an appointment.

To request your prior appointment:

The documentation to be provided shall be:

Print of application for the residence document (Form EX23)
Passport in force or copy of the expired document. If the passport is expired, a copy of the passport and the renewal application must be provided.
Print proof of payment of fees (Model 790. Code 012). The paragraph “Certificate of Community resident registration or residence card of a family member of a Union citizen” should be marked.
1 photograph in accordance with the requirements laid down in the national identity document regulations.

Once the document has been issued, you must present your valid and valid passport to collect it.

Finally, the duration of the residence document shall be:

✓ 5 years if I’ve been less than 5 years in Spain
✓ 10 years if I have more than 5 years in Spain

Residence documents that identify you as a beneficiary of the Withdrawal Agreement may be renewed before the police units authorised to do so when they have expired.

The residence document of beneficiary of the Agreement must be renewed 30 days before the document expires or within 90 days of the expiry date of the Agreement.

In cases where a temporary residence document is in possession, a residence document shall be issued for 10 years, automatically renewable every 10 years, and the term “Permanent” shall be entered in the field corresponding to the Permission Type.

In cases where the person concerned holds a permanent residence document, a residence document shall be issued for 10 years, automatically renewable every 10 years. Failure to submit an application for renewal of the residence document within the time limits laid down in paragraph 2 shall in no case entail a loss of the right of permanent residence.

What documentation do I have to provide?

Application form EX23.
Passport in force or copy of expired. If the passport is expired, a copy of the passport and the renewal application must be provided.
Proof-of-charge form (Model 790. Code 012). The paragraph “Certificate of Community resident registration or residence card of a family member of a Union citizen” should be marked.
1 photograph according to the requirements established in the regulations on national identity document.

Once I have a temporary residence document that identifies me as a beneficiary of the Withdrawal Agreement, I have reached 5 years of legal residence in Spain before the document expires. Can I apply for the permanent residence document?

Yes. Those persons who have reached 5 years of legal residence in Spain may access permanent residence (as established in Article 15 of the Withdrawal Agreement) before the validity of the residence document issued expires.

If you started with a registration certificate or family member card of a Union citizen, you may request the issuance of a new residence document from the police departments that are authorized to issue it after verifying the duration of residence.

If, on the other hand, you did not have such a previous certificate or card, the application will be addressed to the Immigration office in the place where you reside (Oficina de Extranjería), which, after assessing the application and if it is approved, will allow you to apply for the issue of the document.

This new residence document will be valid for 10 years and the term “Permanent” will be entered in the field corresponding to the Type of Permit.

About Fairway Lawyers

English, German and Spanish speaking lawyers/abogados serving Spain's Marbella, the Costa del Sol, Granada, Antequera and inland Andalucia. Tel: Telephone +34 952 77 11 50 or email: diego@fairwaylawyers.com If you have a matter that requires immediate attention please contact Diego Echavarria +34 606 307 885 (mobile)

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Dear Diego, I would like to take this opportunity to thank you for the assistance in Spain sorting through the paperwork and taking the time to clarify. Also most importantly retrieving the money I had overpaid the bank on my mortgage because the bank had not adjusted the interest for seven years. The two friends I recommended you, have since thanked me too.

Denis Foley

I would not hesitate in recommending Fairway Lawyers, and Diego in particular. They successfully challenged a clausula suelo (interest rate floor clause) in our mortgage and achieved a substantial out of court settlement. The clause was also removed resulting in a large reduction in mortgage repayments. We had to do very little as virtually all the work was carried out by Diego and his team directly.

Mike - UK/Mallorca - April 2020

Thanks to Diego and the immigration team at Fairway Lawyers we were able to move from Dubai to Spain. It was not easy as the Spanish Embassy did not help at all but in the end Diego found a way to bring all the family to Spain in the middle of the pandemic. All the family have settled in Madrid and my son is studying at school. Once again thanks for all your efforts and enthusiasm to achieve the goal.

Yalchin Nasirov - December 2020

Great company to have on your side when dealing with property sales in Spain, sorted all taxes and refunds when due. Went the extra mile especially during the Covid epidemic. Many thanks to Diego and team.

Simon

I am grateful to Diego and Fairway Lawyers for helping me and my wife with the application for the TIE card just before Brexit. It was a big relief to have full confidence in the lawyer to make sure all the paperwork was processed on time and correctly. We feel much safer in Spain having the TIE card, especially with all the Brexit changes happening in Spain in the current circumstances with so many restrictions and a curfew in place…

Shuj Datoo - February 2021

My husband and I highly recommend Diego Echavarria as an immigration lawyer. We first connected with him from abroad in August last year and explained our situation and requirements for moving to Spain. We needed to apply for residency by 31 December 2020 and only arrived in Spain in November (My husband has a British passport and I have a South African). He requested the necessary documentation and information and assured us that all the requirements necessary for the process had been met. Throughout the process Diego was always available for any questions or concerns, promptly replied to messages and phone calls. Nothing was ever too much trouble. We are more than satisfied with Diego’s professionalism, knowledge, willingness to assist, constant communication and would not hesitate to recommend him for any legal services.

Karen - 10 April 2021

Top man! I have known Diego for years. He is a very competent lawyer and very trustworthy.

Frank Knight - April 2021

Diego Echavarria has been representing many of my clients – both buyers and vendors – for over 17 years. He’s a consummate and highly competent in many other areas of law and very respected by all who have the pleasure of being represented by this LEGAL EAGLE. If anyone out there wants Five Star service, you have got to call Diego and you’ll end up being a client for life. And any of you real estate agents reading this should sit down and have a coffee with him sometime and you’ll be impressed and even more happy when you hear your clients raving thanking you for the introduction.

Randal Karotkin - Spanish Dream Estates - April 2021

Dear Diego, I was over the moon with your email explaining we had won the court case against the bank. I have to say I had gone through several different channels before meeting you, without even getting a response from the bank and then I saw your advertisement and decided to contact you. From the very beginning, you were very professional and explained to me after going through the bank statements that there was a case to answer totalling roughly 6,000 euros for which your fees would be 10% if they settled or 20% if the case went to court and also no fees upfront. After my previous experiences paying 500 euros and no responses I found this to be a great opportunity and one which has paid dividends. Diego, I can’t thank you enough and will not hesitate to recommend clients to you in the future. Kind regards, Raymond Small

Raymond Small - January 2023

I would like to thank my lawyer Diego for the assistance that he gave us to sell our apartment in La Reserva de Marbella. Diego’s due diligence during all meetings with the buyers’ solicitors was exceptional, highlighting in advance any obstacles that came our way. His meetings with anyone during negotiations ensured that every detail was covered including taxes due, taxes on pensions etc. When I first met Diego during the purchase of our apartment (20 years ago), unknown to us, there were two types of mortgages at the time. One was a Spanish mortgage and one was a European mortgage, Diego obtained a reimbursement of 8,000 euros for us and I think that this is still the case. So contact him for more information. Below is a list of documentation (amongst others) that were required which in some cases were not easy to obtain. Title deed, the Escritura Pública Passport NIE certificate IBI (Impuesto sobre Bienes Inmuebles) Cadastral certificate, the certificado catastral Latest electricity bill Certificate of habitability Energy certificate

Frank Knight

Our mortgage, taken out in 2007, had the cláusula suelo, and we requested our bank a number of times to amend but they refused to do so. In September 2021, we reached out to Fairway Lawyers and Diego Echavarria to take our case, which by this time could be considered as time-barred. Diego kept us fully informed of each step he was taking, and he got the case to court in spite of the bank’s resistance. We were awarded a very substantial compensation, far in excess of the additional money we had to pay on the mortgage due to the cláusula suelo. We have to say that Diego was a pleasure to deal with, he took a personal interest in our case, he was very informative and he really did deliver without a fuss. Fairway Lawyers will get all our family business in future. Thank you, Diego, and your great team.

Pat and Mary McMullin, Kenya

The UK’s departure from the European Union, the procedure and your rights in Spain under the Withdrawal Agreement

TRANSITION PERIOD

Advantages of being recognised as a beneficiary of the Withdrawal Agreement

If you arrive in Spain after the date of withdrawal (31 January 2020) and in the middle of the transition period (1 February 2020-31 December 2020)

If you arrive in Spain after 1 January 2021

HOW DO YOU GET THE RESIDENCE DOCUMENT?

Should I request it before 31 December 2020?

How do I get the residence document?

Can another person file the residence document application in my place?

Documentation and procedure

If you arrive in Spain after 6 July, I must request the document within 3 months of the entry date, what happens if I submit the request later?

If an application is rejected? What will be the deadlines for filing an appeal?

Summary of steps table

A REGISTRATION CERTIFICATE IS IN POSITION

IF I HAVE A TEMPORARY REGISTRATION CERTIFICATE BUT HAVE NOT REACHED 5 YEARS OF LEGAL RESIDENCE IN SPAIN

I HAVE REACHED 5 YEARS OF LEGAL RESIDENCE, AND HAVE NOT YET APPLIED FOR A PERMANENT REGISTRATION CERTIFICATE OR IF YOU HOLD A PERMANENT REGISTRATION CERTIFICATE

NO EU REGISTRATION CERTIFICATE IS IN POSITION

FAMILY MEMBERS, THIRD-COUNTRY NATIONALS, OF A UK NATIONAL

Who are considered family members

I HAVE RESIDENCE CARD TO FAMILY MEMBERS OF A UNION CITIZEN

Should I request it before 31 December 2020?

I DON’T HAVE A RESIDENCE CARD TO FAMILY U.E.

I HAVE A RESIDENCE CARD TO FAMILY MEMBERS OF AN UNION CITIZEN

IF YOU HOLD A PERMANET RESIDENCE CARD TO FAMILY MEMBERS OF A UNION CITIZEN

I DO NOT HAVE A RESIDENCE CARD TO FAMILY MEMBERS OF A UNION CITIZEN FOR ANY REASON

Once I have a temporary residence document that identifies me as a beneficiary of the Withdrawal Agreement, I have reached 5 years of legal residence in Spain before the document expires. Can I apply for the permanent residence document?

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