Translation of Law on Residency for UK Nationals

I. GENERAL PROVISIONS

MINISTRY OF THE PRESIDENCY RELATIONS WITH THE COURTS AND DEMOCRATIC RECORD.

7276 Resolution of July 2, 2020,

of the Under-secretariat, by which the joint Instruction of the General Directorate of Migrations and the General Directorate of the Police is published, which determines the procedure for issuing the residence document provided for in Article 18.4 of the Withdrawal Agreement of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community.

The Director General of Migrations and the Director General of the Police, in exercise of their powers, have signed the joint Instruction of the Directorate General of Migrations and the Directorate General of Police which determines the procedure for issuing the document of residence provided for in article 18.4 of the Withdrawal Agreement of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community.

For general information, It is published in the “Official State Gazette” as an annex to this Resolution.

Madrid, July 2, 2020.-EI Undersecretary of the Presidency, Relations with the Courts and Democratic Memory, Antonio J. Hidalgo López.

ANNEXED

Joint instruction of the General Directorate of Migrations and the General Directorate of the Police determining the procedure for the issuance of the residence document provided for in article 18.4 of the Withdrawal Agreement of the United Kingdom of Great Britain and Northern Ireland of the European Union and the European Atomic Energy Community

On January 31, 2020, the United Kingdom ceased to belong to the European Union and said exit is regulated by the Withdrawal Agreement of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (de Hereinafter “Withdrawal Agreement” or “Agreement”) negotiated and ratified by both parties. This Agreement entered into force on February 1, 2020.

However, this Agreement establishes a transitional period that will last, in principle, until December 31, 2020. During its validity, the European Union legislation on free movement will continue to be applicable. Consequently, as determined in the second part of the Agreement (relating to citizens’ rights), all rights will remain until December 31, 2020 as if the United Kingdom were still a member of the European Union.

This implies that UK nationals will be able to enjoy their free movement rights in Spain until the end of 2020. Therefore, those who have exercised their right to reside or work in accordance with Union Law before the end of the period transitory and who continue to do so after that period, will have exactly the same rights under the Withdrawal Agreement as persons who arrived before Brexit, also being subject to the same restrictions and limitations.

Thus, the Agreement is the norm that governs and will govern regarding the conditions of residence and the rights of the people included in its personal scope of application. Those who arrive after the end of the transitional period and who are not included In the same, they will be considered third-country nationals and, without prejudice to the application of a special future mobility regime, they will be subject to the provisions of the general foreigners regime .

Therefore, once the Withdrawal Agreement has entered into force, the following regimes are distinguished: the regime for citizens of the Union, provided for in Royal Decree 240/2007, of February 16, on entry, free movement and residence in Spain of citizens of the Member States of the European Union and of other States party to the Agreement on the European Economic Area; the regime applicable to nationals of the United Kingdom, their family members and any other persons included in the scope of the Withdrawal Agreement, who will be subject to its provisions (that is, the application of European Union law in the matter of free movement with the specialties and particularities established therein); and that of third-country nationals, to whom the so-called general immigration regime will apply and which includes UK nationals who are not beneficiaries of the Withdrawal Agreement .

In view of the above, Chapter 1 of Title II of Part Two of the Agreement sets out the conditions of residence for United Kingdom nationals and their family members in the host State and for Union citizens in the United Kingdom, as well as the aspects related to its documentation. The purpose of this documentation process is to differentiate (1) between those who are included in its scope and (2) those who are not, mainly, because they arrived in Spain after the end of the transitional period. And this is because the former, those who resided in Spain before December 31, 2020, will have the rights of residence, free movement and Social Security recognized by the Withdrawal Agreement. While those who arrive after that date will have different rights, either those recognized by the future relationship between the European Union and the United Kingdom, or, failing that, those recognized by Spanish law .

For its part, Article 9 (c) (¡¡) defines the host State as one in which the United Kingdom national and members of his family have exercised their right of residence in accordance with Union law before of the end of the transitional period and in which he continues residing after said date. The Withdrawal Agreement does not require physical presence in the host State at the end of the transitional period (temporary absences that do not affect the right of residence are accepted, as well as longer absences that do not affect the right of permanent residence).

According to this definition, Spain is the host State for nationals of the United Kingdom and members of their family residing in its territory (as determined in Articles 9, 10 and 13 of the Agreement).

In order to document UK nationals, their family members and any other persons residing in Spain under the conditions set out in Title II of the Agreement, and based on the two options offered by the Withdrawal Agreement In its article 18, the Government of Spain has opted for the application of article 18.4 according to which “If the host State chooses that citizens of the Union or nationals of the United Kingdom, members of their families and any other persons who reside in their territory in accordance with the conditions established in this title do not have to apply for a new status of resident in accordance with section 1 to have legal residence, the persons who correspond to one of the residence rights established in this Under the conditions established in Directive 2004/38 / EC, they will be entitled to receive a residence document, which may be in the format digital, mentioning that it has been issued in accordance with this Agreement », articulating a documentation process based on the current registration system that also guarantees the right set forth in Article 18.4 to obtain a new residence document.

By virtue of this, nationals of the United Kingdom, members of their families and any other persons residing in Spain in accordance with the conditions established in the Agreement will not be obliged to request a new condition of

resident or, therefore, undergo a new documentation process, but they will have the right to receive, in accordance with the provisions of Directive 2004/38, a residence document that expressly reflects their status as beneficiary of the Withdrawal Agreement .

Furthermore, pursuant to Article 19 of the Withdrawal Agreement, this residence document is allowed to be applied for, voluntarily, during the transitional period.

Based on this and to avoid double petitions, a system has been set up in which applications for registration certificates or residence cards of a family member of a Union citizen that are requested during the transitional period by those nationals of the United Kingdom, Members of their families and any other persons residing in Spain in accordance with the conditions established in Title II of the Agreement, shall be understood and processed as requests for this residence document in Article 18.4 of the Agreement.

For the issuance of residence documents referred to in Article 18.4 of the Agreement, the Decision (EU) 2020/135 of the Council of January 30, 2020, regarding the conclusion of the Withdrawal Agreement, which seeks to guarantee, within the European Union, uniform conditions in the issuance of documents with the objectives of facilitating the recognition of the same, especially by the border control authorities; and, to prevent counterfeiting and alteration through high-level security measures (recital 13). To this end, this Decision gives the Commission, in its Article 5, the possibility of adopting an implementing act in order to establish the period of validity, the format and the security features of the documents that the Member States will issue, as well as the common declaration that must appear in them. Said implementing acts shall be adopted in accordance with the examination procedure referred to in Article 6 of said Decision.

On this basis, the Commission Implementing Decision of 21 February 2020 on the documents to be issued by the Member States under Article 18 (1) and (4) and Article 26 of the Agreement (hereinafter) has been approved. ahead

“Commission implementing decision”). According to this Commission Implementing Decision, the uniform model of residence permit for third-country nationals provided for in Council Regulation EC No. 1030/2002 is the model to be used for the issuance of residence documents . Along with this format, it is established that their validity period must be between 5 and 10 years. In relation to validity and taking into account the provisions on temporary and permanent residence contained in the Withdrawal Agreement, it has been decided that temporary residence documents will be valid for 5 years and permanent ones for ten years.

In addition, the Decision specifies a series of elements that must appear in these documents. Thus, in the residence documents of article 18 of the Agreement, in the field corresponding to the Type of permit must appear “article 50 TEU” and, in the field corresponding to Observations, it must be recorded that it has been issued in accordance with article 18.4 of the Agreement.

Taking into account, therefore, the aforementioned regulatory provisions (Withdrawal Agreement, Council Decision (EU) 2020/135, of 30 January 2020 and Commission Implementing Decision) and with the aim of producing a uniform application of the same in the issuance of residence documents of article 18.4 of the Agreement, these management centres in the exercise of the powers attributed respectively to them in article 6.1 .b) of Royal Decree 497/2020, of April 28, by which the basic organic structure of the Ministry of Inclusion, Social Security and Migration is developed and article 5. A) .1. of Royal Decree 139/2020 by which the basic organic structure of ministerial departments is developed, dictate the following Instructions:

First. Object.

The purpose of these instructions is to establish the form, requirements and deadlines for issuing the residence document referred to in article 18.4 of the Withdrawal Agreement .

Second. Personal scope of application.

For the purposes of these instructions, the provisions of the Withdrawal Agreement will be followed with respect to its subjective scope of application, being applicable to nationals of the United Kingdom, members of their families and any other persons residing in Spain in accordance with the conditions established in title II of the Agreement.

Third. Temporal scope of application.

1. The application for residence documents by nationals of the United Kingdom, the members of their families and any other persons residing in Spain in accordance with the conditions established in Title II of the Agreement may be made from 6 July 2020.

2. In the case of persons whose right of residence in Spain begins after the end of the transitional period in accordance with the provisions of title II of the Agreement, the deadline for submitting the application will be three months from their arrival in Spain or from for birth to occur .

If the applications are submitted after this period, the immigration offices will assess the circumstances and the reasons for the non-compliance and will grant the interested party an additional sufficient time to submit the application if the reasons for the non-compliance are based on an assessment of the immigration office .

3. In those cases where it is processed in person, an appointment must be obtained .

Fourth. Issuance of the residence document provided for in Article 18.4 to United Kingdom nationals residing in Spain in accordance with the conditions established in the Agreement.

1. Nationals of the United Kingdom residing in Spain in accordance with the conditions established in the Agreement may request, in accordance with the provisions of article 18.4 thereof, the issuance of a residence document. This residence document will be issued in accordance with the uniform model of residence permit for third-country nationals provided for in EC Regulation No. 1030/2002 and must be indicated in the field corresponding to the Type of permit.

“Article 50 TEU” and, in the field corresponding to Observations, the following phrase “issued in accordance with Article 18.4 of the Withdrawal Agreement” must be included.

2. Applications may be submitted, according to the third instruction, from July 6. In the case of persons whose right of residence in Spain begins after the end of the transitional period in accordance with the provisions of title II of the Agreement, the deadline for submitting the application will be three months from their arrival in Spain or from the produces the birth, notwithstanding that a sufficient additional period can be granted for well- founded reasons .

3. The procedure for obtaining this residence document is established based on whether the UK national: Holds a registration certificate, temporary or permanent; or, lacks the same for not having requested it before the date set forth in these instructions or for having arrived in Spain in the period from the date set forth in these instructions (that is, after July 6) and the end of the period transitory or at a later time .

Depending on the situation in which the UK national is found, obtaining this residence document will require an interview (with the agencies that are authorized to issue it, upon payment of the established fees) or two interviews (with the immigration office that will grant, where appropriate, the residence document and, later, with the police agency that is enabled to issue the document , upon payment of the established fees).

Remember that:

– The withdrawal agreement does not require physical presence in Spain at the end of the transitional period, and temporary absences that do not affect the right of residence must be accepted, in accordance with article 11 of the Agreement, as well as longer absences that do not affect the right of permanent residence. This element should be considered both for the issuance of the residence document and for its renewal.

– In relation to permanent residence, the rules regarding the prior residence terms remain in force in accordance with article 15 of the Agreement.

– Applications for registration certificates shall be understood and processed as applications for the residence document in Article 18.4 of the Agreement, the provisions of this instruction being applicable .

– The periods of residence in Spain prior to your application will be considered in accordance with article 16 of the Agreement. For this reason, despite the fact that according to the Commission’s Implementing Decision, the residence documents issued must have a minimum validity of five years, applications will be accepted to issue a new permanent residence document when the requirements are met. provided for in article 15 of the Agreement (including the five years of legal residence in Spain) despite the fact that the first residence document issued has not expired. It will be presumed that the start of legal residence in Spain has occurred on the date of issuance of the temporary registration certificate if it had been issued.

a) If the national of the United Kingdom is the holder of a temporary registration certificate and has not reached five years of legal residence in Spain, he may personally request the issuance of the residence document at the established police units .

– At the time of their request, the citizen must provide the following documentation:

• Application form -EX 23 Card application (art. 18.4 Withdrawal Agreement ).

• Valid and unexpired passport of the applicant. In the event that the passport is expired, a copy of it and the renewal application must be provided .

• Proof of payment of the corresponding fee (form 790, code 012).

• A photograph, in accordance with the requirements established in the national identity document regulations .

– At the time of delivery of the residence document, the citizen must prove that he is the recipient of the document by presenting his valid and valid passport.

– This residence document will be valid for five years and the term «Temporary» will be entered in the field corresponding to the Type of Permit. After its validity, it must be automatically renewed in accordance with the provisions of instruction 6. a

Those persons who have reached five years of legal residence in Spain will be able to access permanent residence (as established in Article 15 of the Agreement) before the validity of the residence document issued expires, upon requesting the issuance of a new document of residence at the police units that are authorised to issue it, and after verifying the duration of the residence, they will issue it.

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. After its expiry date, it must be automatically renewed in accordance with the provisions of instruction 6. a

b) If the national of the United Kingdom is the holder of a temporary registration certificate and has reached 5 years of legal residence in Spain (without having obtained, prior to the application for this residence document, a permanent registration certificate), he / she may request personally, at the established police units that, the issuance of the residence document that will be issued, after verifying the duration of the applicant’s residence.

– At the time of their request, the citizen must provide the following documentation:

• Application form -EX 23 Card application (art. 18.4 Withdrawal Agreement ).

• Valid and unexpired passport of the applicant. In the event that the passport is expired, a copy of it and the renewal application must be provided .

• Proof of payment of the corresponding fee (form 790, code 012).

• A photograph, in accordance with the requirements established in the national identity document regulations .

– At the time of delivery of the residence document, the citizen must prove to be the recipient of the residence document by presenting their valid and unexpired passport.

– This residence document will be valid for ten years and the term “Permanent” will be entered in the field corresponding to the Type of Permit. After its validity, it must be automatically renewed in accordance with the provisions of instruction 6. a

c) If the national of the United Kingdom is the holder of a permanent registration certificate, he may personally request the issuance of the residence document at the established police units .

– At the time of their request, the citizen must provide the following documentation:

• Application form -EX 23 Card application (art. 18.4 Withdrawal Agreement ).

• Valid and unexpired passport of the applicant. In the event that the passport is expired, a copy of it and the renewal application must be provided .

• Proof of payment of the corresponding fee (form 790, code 012).

• A photograph, in accordance with the requirements established in the national identity document regulations .

– At the time of delivery of the residence document, the citizen must prove that he is the recipient of the document by presenting his valid and unexpired passport.

– This residence document will be valid for ten years and the term “Permanent” will be entered in the field corresponding to the Type of Permit. After its expiry, it must be automatically renewed in accordance with the provisions of instruction 6. a

d) If the national of the United Kingdom is not the holder of a registration certificate, he may present the application for this residence document, personally or by his representative, at the immigration office of the province in which he resides or intends to establish his residence , or by electronic means . A time that this is it has granted,

You must go to the police department that is enabled to issue the document, after paying the established fees.

. On the proceedings at the immigration office :

– The competence to resolve these requests corresponds to the person who is the head of the immigration office .

– This request must be submitted in accordance with the provisions of instruction 3. a

– At the time of your request, the following documentation must be provided :

• Application form -EX 20 Application for residence document article 18.4 for nationals of the United Kingdom (Withdrawal Agreement of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community).

• Valid and unexpired passport of the applicant. In the event that the passport is expired, a copy of these and the renewal application must be provided .

• Documentation proving that the applicant is included in the personal scope of the Agreement, specifically, from the beginning of his residence in Spain, any means of evidence admitted in law must be admitted .

• Documentation provided for in Article 3 of Order PRE / 1490/2012, of July 9, which dictates rules for the application of Article 7 of Royal Decree 240/2007, of February 16, on entry, free movement and residence in Spain of citizens of the Member States of the European Union and of other States party to the Agreement on the European Economic Area.

In the case of family members of the United Kingdom national who also hold British nationality, they must prove that said United Kingdom national, with whom they meet or accompany, fulfils the conditions depending on the situation in which they are found.

– Once the application has been received, an accreditation receipt for the presentation of the application for the residence document will be delivered immediately, which will be sufficient to prove your legal stay status until its delivery. The possession of the receipt may not be a precondition for the exercise of other rights or the completion of administrative procedures, provided that the beneficiary of the rights can prove their situation by any other means of proof.

– Once the application is registered and in the event that it is not inadmissible for processing, its processing will begin, which will entail the evaluation of the documentation presented.

– If the application does not meet the necessary requirements for processing, the interested party will be required to correct the faults or accompany the required documents within ten business days, indicating that, if they did not do so, they will be will consider your request withdrawn, after a reasoned resolution, that does not exhaust the administrative route, and that you may be the subject of an appeal before the person in charge of the Delegation or Sub-delegation of the corresponding Government, in accordance with the provisions of section 2. a , Chapter II of Title V of Law 39/2015, of October 1, of the Common Administrative Procedure of Public Administrations .

– If the application meets the requirements, the resolution on the residence document will be issued and notified within a maximum period of three months.

Regarding the procedures at the police agency :

– Within a month from the notification of the resolution on the residence document, you must personally request its issuance.

– At the time of their request, the citizen must provide the following documentation:

• Application form -EX 23 Card application (art. 18.4 Withdrawal Agreement ).

• Valid and valid passport of the applicant. In the event that the passport is expired, a copy of it and the renewal application must be provided .

• Proof of payment of the corresponding fee (form 790, code 012).

• A photograph, in accordance with the requirements established in the national identity document regulations .

– At the time of delivery of the residence document, the citizen must prove that he is the recipient of the document by presenting his valid and unexpired passport.

– This residence document will be valid for five years for those cases whose residences do not reach five years and, therefore, in the field corresponding to the Type of Permit, the term “Temporary” shall be entered; and ten years for those cases whose residences are older than five years and therefore, in the field corresponding to the type of permit is entered the term “Permanent”. After its validity, it must be automatically renewed in accordance with the provisions of instruction 6. a

Those persons who have reached five years of legal residence in Spain may access permanent residence (as established in article 15 of the Agreement) before the validity of the residence document issued expires, requesting personally or by their representative, in the immigration office of the province in which you reside, or by electronic means the issuance of a new residence document. The immigration office, in accordance with the procedure established in this letter d) will verify the duration of the residence. Once this has been granted, you must go to the police department that is authorized to issue the document, after paying the established fees. This new residence document will be valid for ten years and the term “Permanent” will be entered in the field corresponding to the Type of Permit. After its validity, it must be automatically renewed in accordance with the provisions of instruction 6. a

Fifth. Issuance of the residence document provided for in article 18.4 to family members and any other persons, nationals of third countries, residing in Spain in accordance with the conditions established in the Agreement.

1. Family members and any other persons, nationals of third countries, residing in Spain in accordance with the conditions established in the Agreement, may request, in accordance with the provisions of article 18.4 thereof, a residence document. This residence document will be issued in accordance with the uniform model of residence permit for third-country nationals provided for in EC Regulation No. 1030/2002 and must be indicated in the field corresponding to the Type of permit «Article 50 TEU» and, in the field corresponding to Observations, the following phrase “issued in accordance with Article 18.4 of the Withdrawal Agreement ” must be included.

2. Applications may be submitted, according to the third instruction, from July 6. In the case of people whose right of residence in Spain begins after the end of the transitional period in accordance with the provisions of Title II of the Agreement, the deadline for submitting the application will be three months from their arrival in Spain or from the produces the birth, notwithstanding that a sufficient additional period can be granted for well- founded reasons .

3. The procedure for obtaining this document is established based on whether the family member or any of the other persons, third-country nationals, included in the scope of application, is the holder of a family card of a citizen of the Union, temporary or permanent; or, lacks the same for not having requested it before the date provided in these instructions or for having arrived in Spain in the period from the date provided in these instructions (that is, after July 6) and the end of the transitional period or at a later time.

Depending on the assumption in which the interested citizen is, obtaining this residence document will require one step (before the police agencies that are empowered to issue it, upon payment of the established fees) or two steps (before the office of foreigners who will grant, where appropriate, the residence document and, later, before the police department that is empowered to issue the document, upon payment of the established fees ).

Remember that:

– In relation to permanent residence, the rules regarding the prior residence terms remain in force in accordance with article 15 of the Agreement.

– Applications for a residence card for a family member of a citizen of the Union shall be understood and processed as applications for this residence document, the provisions of this instruction being applicable .

– The periods of residence in Spain prior to your application will be considered in accordance with article 16 of the Agreement. For this reason, despite the fact that according to the Commission’s Implementing Decision the residence documents issued must have a minimum validity of five years, applications will be accepted for the issuance of a new permanent residence document when the requirements are met. provided for in article 15 (including the five years of legal residence in Spain) despite the fact that the first residence document issued has not exhausted its validity. It will be presumed that the start of legal residence in Spain has occurred on the date of issuance of the temporary registration certificate if it had been issued.

a) If the family member or another person, a third-country national, is the holder of a temporary card for a family member of a citizen of the Union and has not reached five years of legal residence in Spain, he or she may apply personally, at the police agencies established , for the issuance of the residence document .

– At the time of their request, the citizen must provide the following documentation:

• Application form -EX 23 Card application (art. 18.4 Withdrawal Agreement ).

• Applicant’s full valid passport. In the event that said document is expired, a copy of it and the renewal application must be provided.

• Form supporting the payment of the corresponding fee (model 790 code 012). • A photograph, in accordance with the requirements established in the national identity document regulations .

– At the time of the delivery of the residence document, the citizen must prove to be the recipient of it by presenting their valid and unexpired passport .

– This residence document will be valid for five years and the term «Temporary» will be entered in the field corresponding to the Type of Permit. After its validity must proceed in accordance with the provisions of instruction 6. a

Those people who have reached five years of legal residence in Spain may access permanent residence (as established in article 15 of the Agreement) before the validity of the residence document issued expires, requesting the issuance of a new residence document to the police agencies that are empowered, who, after verifying the duration of the residence, will issue it. This new residence document will be valid for ten years and the term “Permanent” will be entered in the field corresponding to the Type of Permit. After its validity, it must be automatically renewed in accordance with the provisions of instruction 6. a

b) If the relative or another person, a third-country national, is the holder of a temporary card for a relative of a citizen of the Union and has reached five years of legal residence in Spain, he / she may submit the application for this residence document, personally or by your representative, at the immigration office of the province in which you reside, or by electronic means. Once this has been granted, you must go to the police department that is authorized to issue the document, after paying the established fees .

i. On the proceedings before the immigration office :

– The competence to resolve these requests corresponds to the person who is the head of the immigration office .

– This request must be submitted in accordance with the provisions of instruction 3a

– At the time of the request, the following documentation must be provided :

• Application form -EX 21 Application for residence document art. 18.4 for family members, NTP, of nationals of the United Kingdom (Withdrawal Agreement of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community).

• Valid and unexpired passport of the applicant. In the event that said document is expired, a copy of it and the renewal application must be provided .

• Documentation supporting the assumption that entitles the document.

– Once the application is registered and in the event that it is not inadmissible for processing, its processing will begin, which will entail the evaluation of the documentation presented.

– If the application meets the requirements, the resolution on the residence document will be issued and notified within a period of three months.

ii. On the actions at the police agency :

– Within a month from the notification of the resolution on the residence document, you must personally request its issuance.

– At the time of their request, the interested citizen must provide the following documentation: • Application form -EX 23 Card application (art. 18.4 Withdrawal Agreement ).

• Valid and unexpired passport of the applicant. In the event that the passport is expired, a copy of it and the renewal application must be provided .

• Proof of payment of the corresponding fee (form 790, code 012).

• A photograph, in accordance with the requirements established in the national identity document regulations .

– At the time of delivery of the residence document, the citizen must prove that he is the recipient of the document by presenting his valid and unexpired passport.

c) If the family member or another person, a third-country national, is the holder of a permanent card for a family member of a citizen of the Union, he or she may personally request the issuance of the residence document before the police offices established .

– At the time of their request, the citizen must provide the following documentation:

• Application form -EX 23 Card application (art. 18.4 Withdrawal Agreement ).

• Applicant’s full valid passport. In the event that said document is expired, a copy of it and the renewal application must be provided.

• Form supporting the payment of the corresponding fee (model 790 code 012).

• A photograph, in accordance with the requirements established in the national identity document regulations

– At the time of delivery of the residence document, the citizen must prove to be the recipient of this through presentation of his valid and valid passport.

– This residence document will be valid for 10 years and the term “Permanent” will be entered in the field corresponding to the Type of Permit. After said validity, it must be automatically renewed in accordance with the provisions of instruction 6. a

d) If the family member or another person, a third country national, is not the holder of a family card of a citizen of the Union, they may submit the application for this residence document, personally or by their representative, at the immigration office of the province in which you reside, or by electronic means. Once this has been granted, you must go to the police department that is authorized to issue the document, after paying the established fees .

i. On the proceedings before the immigration office :

– The competence to resolve these requests corresponds to the person who is the head of the immigration office .

– This request must be submitted in accordance with the provisions of instruction 3. a

– At the time of the request, the citizen must present the following documentation:

• Application form -EX 21 Application for residence document art. 18.4 for family members, NTP, of UK nationals (UK Withdrawal Agreement from Great Britain and Northern Ireland of the European Union and the European Atomic Energy Community).

• Valid and unexpired passport of the applicant. In the event that the document is expired, a copy of it and the renewal request must be provided .

• Supporting documentation, where appropriate duly translated and apostilled or legalized, of the existence of the family bond, marriage or registered union that entitles the card.

• Registration certificate or residence document of the UK national they are accompanying or meeting with.

• Supporting documentation, in cases where this is required, that the applicant for the residence document lives under the care of the national of the United Kingdom of which he is a relative.

– Once the application is registered and in the event that it is not inadmissible for processing, its processing will begin, which will entail the evaluation of the documentation presented.

– If the request does not meet the necessary requirements for processing, the interested party will be required to correct the faults or accompany the required documents within ten business days, indicating that, if they did not do so, they will be will consider your request withdrawn, after a reasoned resolution, which does not exhaust the administrative route, and which may be appealed against before the person in charge of the corresponding Government Delegation or Sub-delegation, in accordance with the provisions of section 2. a , Chapter II, Title V of Law 39/2015, of October 1, of the Common Administrative Procedure of Public Administrations .

– If the application meets the requirements, the resolution on the residence document will be issued and notified within three months.

ii. On the actions at the police agency :

– Within a month from the notification of the resolution on the residence document, you must personally request its issuance.

– At the time of their request, the interested citizen must provide the following documentation:

• Application form -EX 23 Card application (art. 18.4 Withdrawal Agreement ).

• Valid and unexpired passport of the applicant. In the event that the passport is expired, a copy of it and the renewal application must be provided .

• Proof of payment of the corresponding fee (form 790, code 012).

• A photograph, in accordance with the requirements established in the national identity document regulations .

– At the time of delivery of the residence document, the citizen must prove that he is the recipient of the document by presenting his valid and valid passport.

– This residence document will be valid for five years for those cases whose residences of the national of the United Kingdom of which he is a relative do not reach five years and, therefore, in the field corresponding to the Type of Permit the term “Temporary” ; and ten years for those whose residences alleged national of the United Kingdom of which is familiar are older than five years and, for both, in the field corresponding to the type of permit is entered the term “permanent”. After its validity, it must be automatically renewed in accordance with the provisions of instruction 6. a

Sixth. Renewal of the residence document provided for in article 18.4 of the Agreement.

1. The renewal of the residence document provided for in article 18.4 must be requested when its validity expires .

a) In the event that the interested parties are in possession of a temporary residence document, a residence document will be issued for ten years, automatically renewable every ten years and the term “Permanent” will be entered in the field corresponding to the Type of Permit ».

b) In the cases in which the interested party is the holder of a permanent residence document, a residence document will be issued for ten years, automatically renewable every ten years. Failure to submit an application for renewal of the residence document within the time limits set out in section 2 will not in any case result in the loss of your right of permanent residence .

2. The application must be submitted in the official model established for this purpose, during the month prior to the expiration of the residence document, and may also be submitted within three months after said expiration date without prejudice to the corresponding administrative sanction .

3. The application for renewal of the residence document in Article 18.4 of the Withdrawal Agreement will be accompanied by the following documentation:

a) Valid and unexpired passport of the applicant. In the event that the document is expired, a copy of it and the renewal request must be provided .

b) Form accrediting the payment of the fee for processing the procedure.

c) A photograph, in accordance with the requirements established in the national identity document regulations .

Seventh. Provisions common to the issuance of the residence document provided for in Article 18.4 of the Agreement.

1. The authorities competent to process and resolve the applications for this residence document may, exceptionally, collect information on the person’s possible criminal record from the authorities of the State of origin or those of other States.

2. Copies of supporting documents other than passports or identity documents may be presented. In specific cases, national authorities may require the original of certain documents to be presented as long as there is reasonable doubt as to their authenticity.

3. The resolutions issued by the person in charge of the head of the immigration office do not exhaust the administrative channel and may be appealed against to the person in charge of the corresponding Government Delegation or Sub-delegation, in accordance with the provisions of the section 2 of Chapter II of Title V of Law 39/2015, of 1 October, of the Common Administrative Procedure Administrations Public.

Eighth. Ongoing procedures.

The administrative procedures initiated before July 6, relating to obtaining registration certificates by United Kingdom nationals and residence cards of a relative of a Union citizen, will be processed and resolved in accordance with the provisions of these instructions.

Ninth. Subsidiary and supplementary application.

In everything not provided for in these instructions, the Spanish regulations on immigration and immigration will apply, and in particular Royal Decree 240/2007, of February 16, on the entry, free movement and residence in Spain of citizens of the Member States of the European Union and of other States party to the Agreement on the European Economic Area; Organic Law 4/2000, of January 11, on the rights and freedoms of foreigners in Spain and their social integration, after its reform by Organic Law 2/2009, of December 11; and its Regulations, approved by Royal Decree 557/2011, of April 20 .

In procedural matters, it will be applied in a subsidiary way, in everything not foreseen in these instructions and in the norms mentioned in the previous section, Law 39/2015, of October 1, of the Common Administrative Procedure of Public Administrations.

The Director General of Migrations, Santiago Antonio Yerga Cobos.-The Director General of the Police, Francisco Pardo Piqu