Updated 16 January: I am receiving increasing numbers of increasingly panicked emails looking for “the workaround”, i.e. the loophole, to “residencia” as it continues to be called. There isn’t one. The situation is:
- The UK leaves the EU in 16 days time.
- This means that those registered here will at some point over the next year have to change their police registration document (properly called a Certificado de Registro but also known as a green NIE, green card, residencia) to a third-country nationals’ card, the TIE (tarjeta ID extranjeros). We don’t yet know the system, and information will be published when we do.
- Those who are not yet registered will have until the end of the year to do so, but we cannot guarantee that the criteria (see HERE) will remain as they are currently after 31 January.
- It is therefore vital to register before 31 January if at all possible … BUT … those who register are those who are coming here to live, and the registration is itself a formal declaration that the person is living in Spain.
- British nationals who just want to retain EU advantages for free movement after Brexit when they just visit for a few months or so at a time sadly simply cannot do so. This is because they cannot register as residents unless they are prepared to make a fraudulent statement to the Spanish immigration authorities that they are living permanently in Spain.
- As things stand, the UK has a transition period which ends on 31 December this year. After this period, British nationals will become subject to the Schengen area restriction of 90 days in a rolling 180 day period. They will not need a visa. Those who are legally resident in Spain (ie registered with the police) will obviously not be considered “visitors” for these purposes.
- During this year, British nationals will continue to be able to arrive for more than 90 days but the Spanish authorities have confirmed that passports will be stamped from 1 February 2020, and readers should be aware that they remain required, technically, to register if coming for over three months – and then deregister when leaving. As said above, we cannot guarantee that the registration criteria will remain the same after the end of this month, but certainly after the end of this year they will become very much more stringent, as they currently are for all other third-country nationals.