I am a UK citizen in Spain and I have lost my registration certificate, can I apply for the TIE directly at the police station?
Brexit is the name given to the process of departure of the United Kingdom of Great Britain and Northern Ireland (hereinafter “United Kingdom”) from the European Union and the European Atomic Energy Community (hereinafter referred to as “EU”). This exit took place on 31 January 2020 and its terms are agreed in the Withdrawal Agreement negotiated by the EU and the United Kingdom.
The Withdrawal Agreement protects UK nationals who were resident in Spain before the end of the transitional period, as well as family members which bond existed before the end of the transitional period, whether UK nationals or third country nationals (future children are also included).
To address the documentation process, the Withdrawal Agreement provides for two possibilities: (1) to establish a procedure of a constitutive nature, in which a new status of resident in the host State has to be applied for (Article 18.1); (2) not to apply such a procedure and to issue, if requested by the citizens, a residence document expressly identifying them as beneficiaries of the Agreement (18.4).
If you have any doubts do not hesitate to contact with LN ABOGADOS LAWYERS, we will help you in your specific situación.
With the registration certificate you can continue to reside in Spain. Additionally, you and your family members can request the issuance of a residence document in which your status as beneficiary of the Withdrawal Agreement is explicitly mentioned. However, it is recommended that you obtain the new residence document as it follows a model established at European level and explicitly mentions your condition as a beneficiary of the Withdrawal Agreement. Furthermore, this new document is a physical card containing biometric elements which, among other things, facilitates the completion of administrative formalities in Spain for the holder and even the crossing of the external borders of the European Union.
As long as the authorisation procedure associated with the EU Registration Certificate is in a granted state, there will be no problem in accessing the new residence document directly at the National Police Documentation Unit. As it is not possible to physically present the EU Registration Certificate, it will be necessary to present a report in Spanish from a police or judicial authority.