-Do family members of UK nationals, third country nationals, resident in Spain have a especial stuatus?
Family members are beneficiaries of the Withdrawal Agreement and are therefore entitled to obtain the residence document of Article 50 of the Agreement.
If they are in possession of a residence card for a family member of a Union citizen, they may apply for its replacement by the residence document at the police station to be set up.
If, on the other hand, they do not have a EU citizen’s family card or have one, but have been residing in Spain for more than five years without having obtained a permanent card, they may apply for a residence document at the immigration office of the province where they reside. This application will be assessed individually and, if it is approved, will allow them to apply for the document to be issued.
-What conditions must UK family members Fullil?
Beneficiaries shall be members of the families of United Kingdom nationals provided that they satisfy one of the following conditions:
- Have resided in Spain before the end of the transitional period and continue to reside here after this
- Not having resided in Spain before the end of the transitional period, but having a direct link to a UK national which existed before the end of the transitional period and, at the time of joining him/her, (e.g. in respect of spouses or dependent relatives in the ascending line)
- Be a first degree descendant by blood or adoption of a UK national and the birth or adoption took place before or after the end of the transitional period, in Spain or elsewhere, provided that, at the time of joining, they are a member of the nuclear or immediate family and meet one of the following conditions:
- Both parents are UK nationals
- One parent is a UK national and the other a Spanish national, or one parent is a UK national and has joint or sole custody rights in respect of the
- Family members who have resided in Spain in accordance with Articles 12, 13, 16(2), 17 and 18 of Directive 2004/38/EC before the end of the transitional period and who continue to reside in Spain after this period. Are there other cases in wich other persons may enjoy the right of residence, form example to take care of an citizen child?Yes. In addition, Article 9(a)(ii) of the Withdrawal Agreement goes beyond the reference to persons having actual care of another (such as a parent caring for a minor), and is drafted in a more open manner, so as to allow its application also to persons other than those having actual care of another (for example also minor siblings whose actual care is provided by the same person(s) as in the case of the EU citizen minor).
Álvarez Arranz Law Firm are grateful to help you, if you have any questions, contact us and we will be happy to advise you as best as possible.
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