Residency rules tighten for UK citizens to prove they qualify within the WA

Important Information for UK citizen passport holders planning on becoming resident in Spain before the end of 2020 – additional documentation may be required as Spansih Immigration authorities tighten the rules.

What the Law says
Spanish law on the new TIE (tarjeta de identidad extranjero) for UK nationals published on 4th July 2020 stated that the healthcare and economic requirements for UK citizen residency applications received before 31st Decemeber 2020 would be the same as the existing 240/2007 EU law. But as an additional requirement the law also stated that British citizens needed to provide: 

Evidence showing that the applicant falls within the personal scope of the Withdrawal Agreement, in particular the beginning of his residence in Spain, and any means of proof admitted by law must be admitted.

What we were first told by Spanish Immigration officials

When we first spoke to the Immigration Office (DEPENDENCIA DEL ÁREA DE TRABAJO E INMIGRACIÓN OFICINA DE EXTRANJERÍA) to ask what was needed to comply with the new law,  they told us that this paragraph simply equated to a Padron Certificate, and we were delighted when the first batch of applications we submitted flew through the new online process.

Tightening up the rules
However, since the beginning of August, the Immigration Office have been requesting additional documentary proof that the applicant falls within the personal scope of the Withdrawal Agreement i.e. that they are genuinely living in Spain, have been for a while and are clearly intending Spain to be their “home” – not simply registering for residence under the Withdrawal Agreement to mitigate the effects of the UK leaving the EU.

A Padron and/or title deed is not enough any more
The Spanish Immigration authorities have now stated that “a Padron and/or title deed to a house” are no longer sufficient on their own to prove that someone is actually living in Spain, which after all,  is what residency is all about. They are asking for additional documentary proof to confirm that applicants do actually live in Spain. 

What additional documentary evidence will you need?
Immigration have provided a list of the information that would serve to evidence ‘habitual residence’ in Spain, and they specifically mention ‘Transactions and Operations realized in Spain’, which could be any of the following:

• Bank transactions and statements with proof of expenditure in Spain
• Proof of medical or hospital appointments in Spain
• Contracts of any nature held in Spain (house rental contract, car leasing contract)
• Contractual evidence of income derived in Spain
• Utility bills (electric, water, gas, internet) in the same name and address as the applicant
• Telephone or mobile phone bills/records
• Any other bill or service that has been received in Spain (e.g. car purchase, mortgage payments, home improvement work/purchases)
• Plane ticket, boarding pass or Passport stamp at the point of entry (could also be ferry ticket, toll road receipts, removal firm invoice)
• Relations with any public entities, associations or registered clubs in Spain (gyms, cycling clubs, local authority Spanish lessons, charity committees)
• School registrations and payment of fees
• Wage slips
• Any official receipts or documentation that evidences living daily life in Spain.
• Tax return to Spain (evidently very few people will have this, but we have to keep it in the list because it is mentioned)
• Children – School registrations, doctors & dental appointments etc

Evidently no one will have the complete list, but we request as much as possible. We can also submit other documentation as well (the list above isn’t exhaustive) – basically, anything that is proof that you have reside in Spain is useful.