Britische Reisende: Neue Möglichkeiten zum Nachweis des Wohnsitzes

On 1 January 2021, the United Kingdom of Great Britain and Northern Ireland (hereinafter "United Kingdom") definitively separated from the European Union and the European Atomic Energy Community (hereinafter "EU"), the transitional period set out in the Withdrawal Agreement between the EU and the United Kingdom having ended. 

From that date, UK nationals in Spain may find themselves in two situations:

  1. Be beneficiaries of the Withdrawal Agreement, i.e., be resident in Spain at the end of the transitional period or be a family member (provided they were so before this date).
  2. Not being a beneficiary for not fulfilling the previous requirement.

As for beneficiaries, residence certificates and residence permit of family members obtained before the end of the transitional period are sufficient to prove legal residence in Spain. However, the Spanish authorities advise obtaining a new residence document whose model has been established at European level and which explicitly recognises the status of beneficiary of the Withdrawal Agreement, the TIE (Tarjeta de Identidad de Extranjero).

Due to last year's travel restrictions, many British citizens who were already resident in Spain before 1 January 2021 have found it difficult to return because they did not yet have any of these documents. 

To remedy this situation, the British Embassy in Madrid has shared a list of alternative documents for those who, being beneficiaries of the Withdrawal Agreement, do not yet have these certificates, and can prove their residency:

  • Temporary or permanent EU residence certificate.
  • Receipt of application for the TIE.
  • Confirmation of the positive outcome of the residence application.
  • In the absence of any of the above documents, other documents that credibly evidence the legal residence in Spain before January 1, 2021, such as a padrón certificate (issued by the town hall), a work contract, a rental contract, or proof of property purchase.
  • In the case of students, documentation proving enrolment in an on-site or in-person course and proof of accommodation.

This list has been sent by the Embassy to the different airlines and tour operators to avoid denying boarding to passengers due to confusion over documentation.

This, of course, is in addition to the general identification requirements and those imposed because of the COVID-19 health crisis, i.e., to have a negative test within 72 hours prior to arrival.

Autor: David Ramírez Becker