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Residencia cards post-Brexit

Posted: Fri Mar 20, 2020 4:05pm
1 reply89 views4 members subscribed
jimtaylor

jimtaylor

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A couple of weeks ago, RayD posted a topic 'Brits in the EU to get common residence card', which referred to an EU 'Implementing Decision' regarding the residence card format.

Out of interest, I made an application to the European Commission for a copy of the Implementing Decision, and have just received it.

Having looked at the various cross-references to make sure I didn't miss anything, I can now tell you 'what it's all about Alfie'.

In 2002, the EU laid down specifications for a common format of residency card for all non-EU nationals resident in the EU.

In effect, all the Implementing Decision does is extend the residency card specifications to UK nationals resident in the EU.

Those specifications define what information must be included, where that information will be on the card, and what security etc measures should be taken in its production. They leave it up to individual member states to decide if it will be in card or sticker format, and do not specify any criteria regarding size.

What will distinguish our cards from those of other nationalities is that they will bear the words 'Article 50 TEU' to show that they are issued as a consequence of the withdrawal agreement.

Having looked at images of the card, I'm not surprised that it looks like a TIE.

However, the Implementing Decision does state some things I think to be of interest.

1). As in the withdrawal agreement itself, it leaves the decision as to whether or not to issue such cards up to individual member states. If a member state decides not to issue a residency card, UK nationals can request a residence document that includes a statement that it has been issued in accordance with the withdrawal agreement.

2). Member states do not have to implement the decision until the day following the end of the transition period. They can do so earlier if they wish. In other words, Spain can drag its heels.

3). Most interesting of all in the Implementing Decision is:

"The validity of the residence document shall be of minimum five and of maximum ten years."

The rules for a TIE are that it has to be renewed after one year, then after a further two years, and then again after another two years.

We could do with input from someone who has a TIE. I'd be interested to know whether renewal just entails confirming residence and keeping the exiting card, or does it involve the issue of a new card? I'd guess that it involves the issue of a new card, as a TIE has an expiry date.

As written, the Implementing Decision means that we will not have to go through the renewal process at the one year and three year points. It even leaves open the possibility that renewal only need to be after ten years, in line with Spaniards and their DNI cards.

We live in interesting times!


RayD

Posted: Sat Mar 21, 2020 10:23am

RayD

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Posted: Sat Mar 21, 2020 10:23am

To be honest, I think the Spanish government is a bit tied up with coronavirus at the moment, and is likely to be for a while. I can't really see them being in a hurry to sort out TIEs for british residents, given that they can extend the residencia, and brexit probably won't happen for another couple of years anyway. Michel Barnier, the chief negotiator for the EU has contracted the virus and the negotiating teams don't appear to be meeting in the near future.

We certainly do live in interesting times!

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