Link to the BOE (Boletín Oficial del Estado) and traslation 

https://www.boe.es/boe/dias/2020/07/04/pdfs/BOE-A-2020-7276.pdf

I. GENERAL PROVISIONS

MINISTRY OF THE PRESIDENCY, RELATIONS WITH THE COURTS AND DEMOCRATIC PAPER

7276 Resolution of July 2, 2020, of the Under-secretariat, by which the joint instruction of the General Directorate of Migrations and the Directorate General of the Police, by which the procedure for the issuance of the residence document provided for in article 18.4 of the Withdrawal Agreement of the United Kingdom of Great Britain and Northern Ireland the European Union and the European Atomic Energy Community.

The Director General of Migration and the Director General of the Police, in the exercise of their powers, have signed the Joint Instruction of the General Directorate of Migrations and the General Directorate of the Police by which the procedure for issuing the residence document provided for in the Article 18.4 of the Withdrawal Agreement of the United Kingdom of Great Britain and Ireland from North of the European Union and the European Atomic Energy Community.

For general knowledge, I have your publication in the “Official Gazette of the State” as an annex to this Resolution.

Madrid, July 2, 2020. – The Under-Secretary of the Presidency, Relations with Courts and Democratic Memory, Antonio J. Hidalgo López.

ANNEX

Joint instruction of the General Directorate of Migrations and the Directorate General of the Police determining the procedure for the expedition of the residence document provided for in article 18.4 of the Withdrawal Agreement between the “United Kingdom of Great Britain and Northern Ireland” and the “European Union and the European Atomic Energy Community”.

On January 31, 2020, the United Kingdom cease to belong to the European Union and said departure is regulated by the United Kingdom withdrawal agreement between “Great Britain and Northern Ireland” and the “European Union and the European Atomic Energy Community” (hereinafter "Withdrawal Agreement" or "Agreement") negotiated and ratified by both sides. This Agreement entered into force on February 1, 2020.

However, this Agreement establishes a transitional period that will last, in principle, until December 31, 2020. During its validity, the Union legislation European law on free movement will continue to apply. In consequence, as determined in the second part of the Agreement (relating to the rights of citizens), all rights will remain until December 31, 2020 as if the UK was still a member of the European Union.

This implies that UK nationals will be able to enjoy their rights to free movement in Spain until the end of 2020. Therefore, those who have exercised their right to reside or work in accordance with Union law before the end of the transitional period and that they continue to do so after that period, will have exactly the same rights under the Withdrawal Agreement as individuals that have arrived before Brexit, being also subject to those restrictions and limitations.

Thus, the Agreement are the regulations that govern and will govern regarding the conditions of residence and the rights of people included in its personal scope of application. Those who arrive after the end of the transitional period and who are not included in it, will be considered third-country nationals and, without prejudice of the application of a special future mobility regime, will be subject to the provisions of the general immigration regime.

Therefore, once the Withdrawal Agreement has entered into force, the following regimes: the Union citizens regime, provided for in the Royal Decree 240/2007, of February 16, on entry, free movement and residence in Spain of citizens of the Member States of the European Union and other States party to the Agreement on the European Economic Area; the regime applicable to nationals of the United Kingdom, their family members and any other persons included in the scope of the Withdrawal Agreement, which will be subject to the provisions of this (that is, the application of European Union law on free movement with the specialties and particularities established therein); and the third-country nationals, to whom the so-called general regime for aliens will apply and where UK nationals other than beneficiaries of the Withdrawal Agreement.

Taking into account the above, Chapter 1 of Title II of the second part of Agreement sets out the residence conditions for UK nationals and members of their family in the host State and citizens of the Union in the United Kingdom, as well as the aspects related to its documentation. This process of documentation is to differentiate (1) between those who are included in their scope and (2) those who are not, mainly, for arriving in Spain after the end of the transitional period. And this because the first, those who reside in Spain before December 31, 2020 will have the residence rights, free movement and Social Security recognized by the Withdrawal Agreement. While those who arrive after that date will have different rights, either those who are recognised by the future relationship between the European Union and the United Kingdom, or, in defect of this, those who are recognised by Spanish law.

For its part, Article 9 (c) (ii) defines the host State as that in which the national and their family members have exercised their right to residence in accordance with Union law before the end of the transition period and in which they continue residing after said date. The Withdrawal Agreement does not require physical presence in the host State at the end of the transitional period (accept temporary absences that do not affect the right of residence, as well as longer absences that do not affect the right of permanent residence).

According to this definition, Spain is the host State for nationals from the United Kingdom and family members residing in its territory (as determined in Articles 9, 10 and 13 of the Agreement).

In order to document UK nationals, members of their families and any other persons residing in Spain in accordance with the conditions established in title II of the Agreement, and based on the two options that offers the Withdrawal Agreement in its article 18, the Government of Spain has opted for the application of article 18.4 according to which “If the host State chooses that Union citizens or nationals of the United Kingdom, members of their families and any other persons residing in its territory in accordance with the conditions established in this title do not have to request a new condition of resident pursuant to paragraph 1 to have legal residence, the people to whom one of the residence rights established in this title corresponds will have right to receive, in accordance with the conditions established in Directive 2004/38 / EC, a residence document, which may be in digital format, mentioning that it has been issued in accordance with this Agreement, articulating a process of documentation based on the current registration system that also guarantees the right that article 18.4 refers to obtain a new residence document.

By virtue of this, nationals of the United Kingdom, members of their families and any other persons residing in Spain in accordance with the conditions established in the Agreement will not have the obligation to request a new condition of resident or, therefore, undergo a new documentation process, but will have the right to receive, in accordance with the provisions of Directive 2004/38, a residence document that expressly reflects their status as beneficiary of the Withdrawal agreement. Furthermore, pursuant to Article 19 of the Withdrawal Agreement, it is permitted that this residence document can be requested, voluntarily, during the transition period.

Based on this and to avoid double requests, a system has been configured in the that applications for registration certificates or family residence cards of Union citizen who are requested during the transitional period by those nationals of the United Kingdom, their family members and any other persons residing in Spain under the conditions established in Title II of the Agreement, will be understood and processed as requests for this residence document of Article 18.4 of the Agreement.

For the issuance of residence documents referred to in article 18.4 of the Agreement must comply with Council Decision (EU) 2020/135 of 30 January 2020, relating to the conclusion of the Withdrawal Agreement, which aims to guarantee, within the European Union, uniform conditions in the issuance of documents in order to facilitate the recognition of the same, especially by the border control authorities; and, to prevent counterfeiting and tampering with high-level security measures (recital 13). To this end, this Decision confers on the Commission, in Article 5, the possibility of adopting an implementing act in order to establish the period of validity, the format and security features of the documents to be issued by Member States, as well as the common declaration that must appear in them. Such implementing acts shall be adopted in accordance with the examination procedure. referred to in Article 6 of that Decision.

On this basis, the Commission's Implementing Decision of 21 February 2020 on documents to be issued by Member States in under Article 18, paragraphs 1 and 4, and Article 26 of the Agreement (hereinafter "Commission implementing decision"). According to this Decision of execution of the Commission, the uniform model of residence permit for third-party national’s countries provided for in Council Regulation EC No. 1030/2002 is the model that should be used to issue residence documents. Along with this format, it is established that the period of validity of the same must be between 5 and 10 years. In relation to validity and taking into account the provisions on temporary and permanent residence includes the Withdrawal Agreement, it has been decided that temporary residence documents will be valid for 5 years and permanent ones ten years.

In addition, the Decision specifies a series of elements that must appear in these documents. Thus, in the residence documents of Article 18 of the Agreement, in the section corresponding to the “Type” of permit must include "Article 50 TEU" and, in the section corresponding to “Observations”, it must be recorded that it has been issued in accordance with article 18.4 of the Agreement.

Taking into account, therefore, the aforementioned regulatory provisions (Agreement of withdrawal, Council Decision (EU) 2020/135 of 30 January 2020 and Decision of execution of the Commission) and with the aim of producing a uniform application thereof in the issuance of residence documents in article 18.4 of the Agreement, the management centres in the exercise of the powers attributed to them respectively Article 6.1.b) of Royal Decree 497/2020, of April 28, by which The basic organic structure of the Ministry of Inclusion, Social Security and Migrations and article 5. A).1.º of Royal Decree 139/2020 by which the basic organic structure of the ministerial departments, dictate the following instructions:

First. Object

The purpose of these instructions is to establish the form, requirements and time limits for the issuance of the residence document referred to in Article 18.4 of the Withdrawal Agreement.

Second. Personal scope of application.

For the purposes of these instructions, the provisions of the Withdrawal Agreement with respect to its subjective scope of application, being applicable to nationals of the United Kingdom, their family members and any other persons residing in Spain under the conditions established in title II of the Agreement.

Third. Temporal scope of application.

1. The application for residence documents by nationals of the United Kingdom, members of their families and any other persons residing in Spain, in accordance with the conditions established in Title II of the Agreement, may be made as of July 6, 2020.

2. In the case of people whose right of residence in Spain begins after the end of the transitional period in accordance with the provisions of title II of the Agreement, the deadline to submit the request will be three months from their arrival in Spain or since birth occurs.

If the applications are submitted after this period, the immigration offices assess the circumstances and reasons why the breach has occurred and they will grant the interested party a sufficient additional period to submit the application if the reasons for non-compliance are well founded after assessment by the immigration office.

3. In those cases in which it is processed in person, a prior appointment must be obtained.

Fourth. Issuance of the residence document provided for in article 18.4 to United Kingdom nationals residing in Spain under the conditions established in the Agreement.

1. United Kingdom nationals residing in Spain in accordance with the conditions established in the Agreement may request, in accordance with the provisions in article 18.4 thereof, the issuance of a residence document. This residence document will be issued according to the uniform model of residence for third-country nationals provided for in EC Regulation No.1030/2002 and must be indicated in the section corresponding to the Type of permit "Article 50 TEU" and, in the section corresponding to Observations, the next sentence "issued in accordance with Article 18.4 of the Withdrawal Agreement".

2. Applications may be submitted, in accordance with the third instruction, from July 6. In the case of people whose right of residence in Spain commence after the end of the transitional period in accordance with the provisions of the Title II of the Agreement, the term to present the request will be three months from its arrival in Spain or from birth, without prejudice to the fact that grant a sufficient additional period for well-founded reasons.

3. The procedure for obtaining this residence document is established based on whether the UK national: Holds a certificate of registration, temporary or permanent; or, lacks the same for not having requested it before the date provided in these instructions or for having arrived in Spain in the period understood from the date provided in these instructions (that is, after to July 6) and the end of the transitional period or at a later time.

Depending on the assumption in which the UK national is found, obtaining this residence document will require step one (before the dependencies police that are empowered to issue it, upon payment of the established fees) or step two (before the immigration office that will grant, where appropriate, the document of residence and, later, before the police department that is enabled to issue the document, upon payment of the established fees).

Remember that: - The withdrawal agreement does not require physical presence in Spain at the end of the period transitory, and must be accepted, in accordance with Article 11 of the Agreement, temporary absences that do not affect the right of residence, as well as further prolonged absences that do not affect the right of permanent residence. This item should be considered both for the issuance of the residence document and for its renewal.

- In relation to permanent residence, the rules remain in force relating to prior residence terms in accordance with article 15 of the Agreement.

- Applications for registration certificates will be understood and processed as applications for the residence document of article 18.4 of the Agreement, being application as provided in this instruction.

- The periods of residence in Spain prior to application for pursuant to Article 16 of the Agreement. Therefore, despite the fact that according to the Decision of Execution of the Commission the residence documents issued must have a minimum validity of five years, applications will be accepted to issue a new permanent residence document when the requirements provided for in Article 15 of the Agreement (including the five years of legal residence in Spain) despite the fact that the first residence document issued has not expired. It will be presumed that the start of legal residence in Spain is produced on the date of issue of the temporary registration certificate as it would have been issued.

a) If the UK national holds a temporary registration certificate and has not reached five years of legal residence in Spain they can apply personally, before the police units that are established, for the expedition of the residence document.

- At the time of your request, the interested citizen must provide the following documentation:

• Application form -EX 23 Card application (art. 18.4 Withdrawal Agreement).

• Valid and applicable passport of the applicant. In the event that the passport is expired, a copy of it and the renewal application must be provided.

• Proof of payment of the corresponding fee (form 790, code 012).

• A photograph, in accordance with the requirements established in the regulations on national identity document.

- At the time of delivery of the residence document, the citizen must prove to be the recipient of this through the presentation of a valid and applicable passport.

- This residence document will be valid for five years and in the section corresponding to the Type of Permit, the term "Temporary" shall be entered. When validity has elapsed it must be automatically renewed in accordance with the provisions of the 6th instruction Those persons who have reached five years of legal residence in Spain may access permanent residence (as established in article 15 of the Agreement) before the validity of the residence document issued expires, requesting the issuance of a new residence document to the Police department who are enabled, after verifying the duration of residence, to issue it.

This new residence document will be valid for 10 years and in the section corresponding to the Type of Permit, the term "Permanent" shall be entered.

After its validity, it must be automatically renewed in accordance with the provisions of the 6th instruction

b) If the UK national holds a temporary registration certificate and has reached 5 years of legal residence in Spain (without having previously obtained at the request of this residence document, a permanent registration certificate) they can personally request, before the established police agencies, the issuance of the residence document that, after verifying the duration of the residence, will issue it.

- At the time of your request, the interested citizen must provide the following documentation:

• Application form -EX 23 Card application (art. 18.4 Withdrawal Agreement).

• Valid and applicable passport of the applicant. In the event that the passport is expired, a copy of it and the renewal application must be provided.

• Proof of payment of the corresponding fee (form 790, code 012).

• A photograph, in accordance with the requirements established in the regulations on national identity document.

- At the time of delivery of the residence document, the citizen must prove to be the recipient of it through the presentation of a valid and applicable passport.

- This residence document will be valid for ten years and in the section corresponding to the Type of Permit, the term "Permanent" shall be entered.

After its validity, it must be automatically renewed in accordance with the provisions of the 6th instruction.

c) If the UK national is the holder of a permanent registration certificate they can personally request, before the established police agencies, the issuance of a residence document.

- At the time of your request, the interested citizen must provide the following documentation:

• Application form -EX 23 Card application (art. 18.4 Withdrawal Agreement).

• Valid and applicable passport of the applicant. In the event that the passport is expired, a copy of it and the renewal application must be provided.

• Proof of payment of the corresponding fee (form 790, code 012).

• A photograph, in accordance with the requirements established in the regulations on national identity document.

- At the time of delivery of the residence document, the citizen must prove to be the recipient of this through the presentation of a valid and applicable passport.

- This residence document will be valid for ten years and in the section corresponding to the Type of Permit, the term "Permanent" shall be entered.

After its validity, it must be automatically renewed in accordance with the provisions of the 6th instruction

d) If the UK national does not hold a registration certificate, they may apply for this residence document, personally or by a representative, at the immigration office of the province in which you reside or intend to set your residence, or by electronic means. Once this has been granted, you must go to the police department that is enabled to issue the document, upon payment of the established fees.

i. On the proceedings before the immigration office:

- The powers to resolve these requests corresponds to the person who is the head of the immigration office.

- This request must be submitted in accordance with the provisions of the 3rd instruction

- At the time of your request, the following documentation must be provided:

• Application form -EX 20 Application for residence document article 18.4 for Nationals of the United Kingdom (Withdrawal Agreement of the United Kingdom of Great Britain and Northern Ireland of the European Union and the European Energy Community Atomic).

• Valid and applicable passport of the applicant. In the event that the passport is expired, a copy of these and the renewal application must be provided.

• Documentation proving that the applicant is included in the scope of personal application of the Agreement, specifically, from the beginning of his residence in Spain, any means of evidence admitted in law must be admitted.

• Documentation provided for in Article 3 of Order PRE / 1490/2012, of July 9, laying down rules for the application of article 7 of Royal Decree 240/2007, of February 16, on entry, free movement and residence in Spain of citizens of the Member States of the European Union and of other States party to the Agreement on the European Economic Area.

In the case of family members of the UK national who hold British nationals must also prove that said national of the United Kingdom, with whom they meet or accompany, meets the conditions based on the assumption in the found.

- Once the request is received, an accredited receipt of the presentation of the application for the residence document, which will be sufficient to prove your legal stay status until delivery of this. The possession of receipt may not be a precondition for the exercise of other rights or administrative procedures, provided that the beneficiary of the rights can prove their situation by any other means of proof.

- Once the application is registered and in the event that it is not inadmissible to process, its processing will begin, which will entail the evaluation of the documentation filed.

- If the application does not meet the necessary requirements for processing, it will be required of the interested party that, within a period of ten working days, they rectify the faults or supply the mandatory accompanying documents, indicating that, if they did not do so, it will be considered they withdrawn from their request, after a reasoned resolution, which does not exhaust the administrative channel, and which may be appealed against to the head of the Delegation or Sub-delegation of the corresponding Government, in accordance with the provisions of the Section 2, Chapter II of Title V of Law 39/2015, of October 1, of the Procedure Common Administrative of the Public Administrations.

- If the application meets the requirements, the resolution on the residence document will be issued and notified within a maximum period of three months.

ii. On the actions before the police agency:

- Within a month from the notification of the resolution on the Residence document, you must personally request its issuance.

- At the time of your request, the interested citizen must provide the following documentation:

• Application form -EX 23 Card application (art. 18.4 Withdrawal Agreement).

• Valid and applicable passport of the applicant. In the event that the passport is expired, a copy of it and the renewal application must be provided.

• Proof of payment of the corresponding fee (form 790, code 012).

• A photograph, in accordance with the requirements established in the regulations on national identity document.

- At the time of delivery of the residence document, the citizen must prove to be the recipient of this through the presentation of your valid and applicable passport.

- This residence document will be valid for five years for those assumptions whose residences do not reach five years and, therefore, in the section corresponding to the Type of Permit, the term "Temporary" shall be entered; and ten years for those cases whose residences are older than five years and, therefore, In the section corresponding to the Type of Permit, the term "Permanent". After its validity, it must be automatically renewed in accordance with the provisions of the 6th instruction.

Those persons who have reached five years of legal residence in Spain may access permanent residence (as established in article 15 of the Agreement) before the validity of the residence document issued expires, requesting personally or by his representative, in the immigration office of the province in which you reside, or by electronic means the issuance of a new residence document. The immigration office, in accordance with the procedure laid down in point d) will verify the duration of the residence. Once this is granted, they must contact the police department that is enabled to issue the document, upon payment of the established fees. This new residency document will be valid for ten years and in the section corresponding to the Type of Permit, shall record the term "Permanent". After its validity it must be automatically renewed in accordance with the provisions of the 6th instruction.

Fifth. Issuance of the residence document provided for in article 18.4 to family members and any other persons, third-party nationals countries, residing in Spain under the conditions established in the Agreement.

1. Family members and any other persons, nationals of third countries, residing in Spain in accordance with the conditions established in the Agreement may request, in accordance with the provisions of article 18.4 thereof, a residence document. This residence document will be issued in accordance with Uniform model of residence permit for third-country nationals provided in EC Regulation No. 1030/2002, where must be indicated in the section corresponding to Type of permit «article 50 TEU» and, in the section corresponding to Observations, must include the following phrase "issued in accordance with Article 18.4 of the Agreement of withdrawal”.

2. Applications may be submitted, in accordance with the third instruction, from July 6. In the case of people whose right of residence in Spain commence after the end of the transitional period in accordance with the provisions of the Title II of the Agreement, the term to present the request will be three months from its arrival in Spain or from birth, without prejudice to the fact that grant a sufficient additional period for well-founded reasons.

3. The procedure for obtaining this document is established based on whether the family member or any of the other persons, third-party nationals countries included in the scope of application is the holder of a family card of Union citizen, temporary or permanent; or, lacks the same for not having it requested before the date provided in these instructions or for having arrived in Spain in the period from the date provided in these instructions (that is, with after July 6) and the end of the transitional period or at a later time.

Depending on the assumption in which the interested citizen is, obtaining of this residence document will require step one (before the police agencies that they are enabled to issue it, upon payment of the established fees) or step two (before the immigration office that will grant, where appropriate, the residence document and, later, before the police department that is enabled to issue the document, prior payment of established fees).

Remember that:

- The withdrawal agreement does not require physical presence in Spain at the end of the transition period, and must be accepted that, in accordance with Article 11 of the Agreement, temporary absences that do not affect the right of residence, as well as further absences prolonged that do not affect the right of permanent residence. This item should be considered both for the issuance of the residence document and for its renewal.

- In relation to permanent residence, the rules remain in force regarding the prior residence terms in accordance with article 15 of the Agreement.

- Applications for a residence card for a relative of a citizen of the Union are understood and processed as requests for this residency document, being an application as provided in this instruction.

- The periods of residence in Spain prior to your application for pursuant to Article 16 of the Agreement. Therefore, despite the fact that according to the Decision of Execution of the Commission the residence documents issued must have a minimum validity of five years, applications will be accepted to issue a new permanent residence document when the requirements provided for in article 15 (including the five years of legal residence in Spain) despite the fact that the first residence document issued has not exhausted its validity. It will be presumed that the start of legal residence in Spain has occurred on the date of issue of the temporary registration certificate if it had been issued.

a) If the relative or another person, a third country national, is the holder of a card family member of the Union citizen and has not reached five years of Legal residence in Spain may apply personally, before the established police department, the issuance of the residence document.

- At the time of your request, the interested citizen must provide the following documentation:

• Application form -EX 23 Card application (art. 18.4 Withdrawal Agreement).

• Applicant's full valid passport. On the assumption that said document is expired, a copy of it and the application for renewal.

• Proof of payment of the corresponding fee (form 790 code 012).

• A photograph, in accordance with the requirements established in the regulations on national identity document.

- At the time of delivery of the residence document, the citizen must prove being a recipient of it by presenting your valid and applicable passport.

- This residence document will be valid for five years and in the section corresponding to the Type of Permit, the term "Temporary" shall be entered. When its validity has elapsed they must proceed in accordance with the provisions of instruction 6.

Those persons who have reached five years of legal residence in Spain may access permanent residence (as established in article 15 of the Agreement) before the validity of the residence document issued expires, requesting the issuance of a new residence document to the Police departments who are enabled and after verifying the duration of residence, will issue it.

This new residence document will be valid for ten years and in the section corresponding to the Type of Permit, the term "Permanent" shall be entered.

After its validity, it must be automatically renewed in accordance with the provisions of the 6th instruction

b) If the relative or another person, a third-country national, is the holder of a card family member of the Union citizen and has reached five years of legal residence in Spain may submit the application for this residence document, personally or by their representative, in the province's immigration office in the that resides, or by electronic means. Once this has been granted, they must go to the police department that is enabled to issue the document, upon payment of the established fees.

i. On the proceedings before the immigration office:

- The power to resolve these requests corresponds to the person who is the head of the immigration office.

- This request must be submitted in accordance with the provisions of the 3rd instruction

- At the time of the request, the following documentation must be provided:

• Application form -EX 21 Application for residence document art. 18.4 for Family members, NTP, of United Kingdom nationals (United Kingdom Withdrawal Agreement Great Britain and Northern Ireland of the European Union and the European Community of the Atomic Energy).

• Valid and applicable passport of the applicant. In the event that said document is expired, a copy of it and the renewal application must be provided.

• Documentation supporting the assumption that entitles the document.

- Once the request is received, an accredited receipt of the presentation of the application for the residence document, which will be sufficient to prove your legal stay status until delivery of this. The possession of receipt may not be a precondition for the exercise of other rights or the administrative procedures, provided that the beneficiary of the rights can prove their situation by any other means of proof.

- Once the application is registered and in the event that it is not inadmissible to process, its processing will begin, which will entail the evaluation of the documentation filed.

- If the application does not meet the necessary requirements for processing, it will be required of the interested party that, within a period of ten working days, they rectify the faults or supply the mandatory accompanying documents, indicating that, if they did not do so, they will be considered to have withdrawn their request, after a reasoned resolution, which does not exhaust the administrative channel, and which may be appealed against to the head of the Delegation or Sub-delegation of the corresponding Government, in accordance with the provisions of the Section 2, Chapter II of Title V of Law 39/2015, of October 1, of the Procedure Common Administrative of the Public Administrations.

- If the application meets the requirements, the resolution on the residence document it will be issued and notified within three months.

ii. On the actions before the police agency:

- Within a month from the notification of the resolution on the Residence document, you must personally request its issuance.

- At the time of your request, the interested citizen must provide the following documentation:

Application form -EX 23 Card application (art. 18.4 Withdrawal Agreement).

• Valid and applicable passport of the applicant. In the event that the passport is expired, a copy of it and the renewal application must be provided.

• Proof of payment of the corresponding fee (form 790, code 012).

• A photograph, in accordance with the requirements established in the regulations on national identity document.

- At the time of delivery of the residence document, the citizen must prove to be the recipient of this through the presentation of a valid and applicable passport.

- This residence document will be valid for ten years and in the section corresponding to the Type of Permit, the term "Permanent" shall be entered.

After its validity, it must be automatically renewed in accordance with the provisions of the 6th instruction

c) If the relative or another person, a third country national, is the holder of a card permanent family member of a citizen of the Union may apply personally, before the established Police units, for the issuance of the residence document.

- At the time of your request, the interested citizen must provide the following documentation:

• Application form -EX 23 Card application (art. 18.4 Withdrawal Agreement).

• Applicant's full valid passport. On the assumption that said document is expired, a copy of it and the application for renewal.

• Proof of payment of the corresponding fee (form 790, code 012).

• A photograph, in accordance with the requirements established in the regulations on national identity document

- At the time of delivery of the residence document, the citizen must prove to be the recipient of this through the presentation of a valid and applicable passport.

- This residence document will be valid for 10 years and in the section corresponding to the Type of Permit, the term "Permanent" shall be entered.

After said validity must be automatically renewed according to with the provisions of the 6th instruction

d) If the relative or another person, a third country national, is not a card holder of a relative of a citizen of the Union, they may submit the application for this document residence, personally or by their representative, at the immigration office of the province in which you reside, or by electronic means. Once this is done granted, they must contact the police department that is enabled to issue the document, upon payment of the established fees.

i. On the proceedings before the immigration office:

- The power to resolve these requests corresponds to the person who is the head of the immigration office.

- This request must be submitted in accordance with the provisions of the 3rd instruction - At the time of the request, the interested citizen must present the following documentation:

• Application form -EX 21 Application for residence document art. 18.4 for Family members, NTP, of United Kingdom nationals (United Kingdom Withdrawal Agreement Great Britain and Northern Ireland of the European Union and the European Community of the Atomic Energy).

• Valid and applicable passport of the applicant. In the event that the document is expired, a copy of it and the renewal application must be provided.

• Supporting documentation, where appropriate duly translated and apostilled or legalized, of the existence of the family bond, marriage or registered union that grants right to the card.

• Registration certificate or residence document of the UK national to that they accompany or with whom they are going to meet.

• Supporting documentation, in the cases in which it is required, that the Applicant for the residence document lives under the care of the UK national of the which is familiar.

- Once the request is received, an accredited receipt of the presentation of the application for the residence document, which will be sufficient to prove your legal stay status until delivery of this. The possession of receipt may not be a precondition for the exercise of other rights or the administrative procedures, provided that the beneficiary of the rights can prove their situation by any other means of proof.

- Once the application is registered and in the event that it is not inadmissible to process, its processing will begin, which will entail the evaluation of the documentation filed.

- If the application does not meet the necessary requirements for processing, it will be required of the interested party that, within a period of ten working days, they rectify the faults or supply the mandatory accompanying documents, indicating that, if they did not do so, they will be considered to have withdrawn their request, after a reasoned resolution, which does not exhaust the administrative channel, and which may be appealed against to the head of the Delegation or Sub-delegation of the corresponding Government, in accordance with the provisions of the Section 2, Chapter II, Title V of Law 39/2015, of October 1, Common Administrative Procedure of Public Administrations.

- If the application meets the requirements, the resolution on the residence document will be issued and notified within three months.

ii. On the actions before the police agency:

- Within a month from the notification of the resolution on the Residence document, you must personally request its issuance.

- At the time of your request, the interested citizen must provide the following documentation:

• Application form -EX 23 Card application (art. 18.4 Withdrawal Agreement).

• Valid and applicable passport of the applicant. In the event that the passport is expired, a copy of it and the renewal application must be provided.

• Proof of payment of the corresponding fee (form 790, code 012).

• A photograph, in accordance with the requirements established in the regulations on national identity document.

- At the time of delivery of the residence document, the citizen must prove to be the recipient of this through the presentation of a valid and applicable passport.

- This residence document will be valid for five years for those cases where the residence of the United Kingdom national they are a relative of has not reached five years and, therefore, in the section corresponding to the Type of Permit, it shall include the term "Temporary"; and ten years for those cases whose residence of the UK national they are a relative of is over five years and, therefore, in the section corresponding to the Type of Permit, the term "permanent". After its validity, it must be renewed automatically in accordance with the provisions of the 6th instruction Those persons who have reached five years of legal residence in Spain may access permanent residence (as established in article 15 of the Agreement) before the validity of the residence document issued expires, requesting personally or by his representative, in the immigration office of the province in which you reside, or by electronic means the issuance of a new residence document. The immigration office, in accordance with the procedure established in point d) will verify the duration of the residence. Once this is granted, they must contact the police department that is enabled to issue the document, upon payment of the established fees. This new residency document will be valid for ten years and in the section corresponding to the Type of Permit, shall include the term "Permanent". After its validity, it must be renewed automatically in accordance with the provisions of the 6th instruction

Sixth. Renewal of the residence document provided for in article 18.4 of the Agreement.

1. The renewal of the residence document provided for in article 18.4 must be requested when the validity of this expires.

a) In the event that the interested parties are in possession of a document of temporary residence, a residence document will be issued for ten years, renewable automatically every ten years and in the section corresponding to the Type of Permit the term "Permanent" shall be entered.

b) In the cases in which the interested party is the holder of a document of permanent residence, a residence document will be issued for ten years, automatically renewable every ten years. Failure to submit an application for renewal of the residence document within the time limits set out in paragraph 2 shall in no case result in loss of your right of permanent residence.

2. The application must be submitted in the official model form established for this purpose, during the month prior to the expiration of the residence document, and may also apply within three months after said expiration date without prejudice to the corresponding administrative sanction.

3. The request for renewal of the residence document in article 18.4 of the Withdrawal agreement will be accompanied by the following documentation:

a) Valid and applicable passport of the applicant. In the event that the document is expired, a copy of it and the renewal application must be provided.

b) Form accrediting the payment of the fee for processing the procedure.

c) A photograph, in accordance with the requirements established in the regulations on national identity document.

Seventh. Provisions common to the issuance of the planned residence document in article 18.4 of the Agreement.

1. The authorities with responsibility to process and resolve the requests of this residence document may, exceptionally, obtain information on possible criminal background of the person concerned from the authorities of the State of origin or those of other States

2. Copies of supporting documents may be submitted that are not passports or identity documents. In specific cases, national authorities may require the original of certain documents to be presented as long as there is reasonable doubt as to its authenticity.

3. The resolutions issued by the person who is the head of the office of foreigners do not exhaust the administrative route and may be subject to appeal before the person in charge of the corresponding Government Delegation or Sub-delegation, pursuant to the provisions of section 2., Chapter II, of Title V of the Law 39/2015, of October 1, of the Common Administrative Procedure of the Public administrations.

Eighth. Ongoing procedures.

The administrative procedures started before July 6, concerning the obtaining of registration certificates by nationals of the United Kingdom and the residence cards of the relative of the Union citizen of those, they shall be processed and resolved in accordance with the provisions of these instructions.

Ninth. Subsidiary and supplementary application.

In everything not foreseen in these instructions, the Spanish regulations will apply in matters of the status of foreigners and immigration and, in particular, the Real Decree 240/2007, of February 16, on entry, free movement and residence in Spain of citizens of the Member States of the European Union and other States party to the Agreement on the European Economic Area; Organic Law 4/2000, of 11 January, on the rights and freedoms of foreigners in Spain and their social integration, after its reform by Organic Law 2/2009, of December 11; and the Regulations thereof, approved by Royal Decree 557/2011, of April 20.

In procedural matters, it will be of subsidiary application, in everything not foreseen in these instructions and in the regulations mentioned in the previous section, Law 39/2015, of 1 October, of the Common Administrative Procedure of Public Administrations.

The General Director of Migrations, Santiago Antonio Yerga Cobos. – The Director Police General, Francisco Pardo Piqueras.