To satisfy the key requirement for Spanish residency as a beneficiary under the Withdrawal Agreement, you have to demonstrate that you actually and effectively resided in Spain before 31 December 2020. This requirement is listed in the Resolution of July 2, 2020 from the Spanish Government determining the procedure for issuing residence documents for British citizens under the Withdrawal Agreement.

The reason why this is a requirement is because your rights under the Withdrawal Agreement are derived from the fact that you started living in Spain before the end of the transition period. Therefore you need to show the immigration authorities that you actually started living in Spain before 31 December 2020.

What you need to show may vary amongst the provinces. In some provinces, it may be sufficient to just provide your empadronamiento. Other provinces may require more documents, which can include the following:

  • Bank account statements showing payments made in Spain
  • Evidence of medical appointments in Spain
  • Utility, mobile phone, phone, television, or internet bills in your name indicating an address in Spain
  • Documents from public or private entities registered in Spain that demonstrate you having received a service in Spain
  • Your flight ticket to Spain or entry stamp in your passport
  • Work invoices and proof of payment in Spain, certified with public or private entities that are registered in Spain
  • Spanish income tax returns

Here at TIE BREXIT SPAIN we recommend that you provide as much documentation as you can to demonstrate that you started living in Spain before 31 December 2020.

Contact the Oficina De Extranjería in your province for more information on what exactly your need to provide.