Some people may be concerned as to whether their residency application, after the 31st December 2020, will still be covered by the Withdrawal Agreement.
Well the Spanish Foreign Office has made it clear that as long as the applicant can prove, by any legally admissible means, that they were residing in Spain before the 31st December 2020, their application will be covered under the terms of the Withdrawal Agreement. Specifically, if the applicant was registered on their Town Hall census (“padrón de habitantes”) or they had an existing work contract before said date, this will be sufficient evidence, although other means of proof are possible.
In this instance, this means that these applicants will only need to meet the residency requirements as an EU citizen and they will be able to apply from Spain. See our post Living and working in Spain for more information.
However, if the applicant’s entry into Spain takes place after the 31st December 2020, they will have to apply for the appropriate residency visa through the Spanish Consulate in the UK, before traveling to Spain. In this case, if the applicant has travelled to Spain without the visa, they will be entitled to remain in Spain for up to the 90 days permitted under the Schengen rules, but they will need to return to the UK for the residency visa application, as these applications require a physical appointment at the Spanish Consulate in the UK.
If you are interested in applying for residency in Spain and need further guidance, we recommend you seek the assistance of a legally trained professional.
Gabriella Mary Trussler Rowland
4408 Ilustre Colegio de Abogados de Almería