Brexit paperwork

There are lots of English language Facebook pages dedicated to living in Spain and aimed at Britons. There are Citizens Advice pages, Civil Guard authored pages, one from the British Consulate and subject specific pages like After Brexit and more. They are all alive with Brexit problems. Twitter is also aglow with similar stuff. Originally it was pros and cons but now it's practicalities. Apparently, since January 1st, British people who live in Spain, but are in the UK, have been bumping into problems getting home. Some of it seems to be the teething problems of new requirements at the border - the officials don't recognise the documentation and stuff written in Spanish makes no sense to them - but it has left people stranded.

One of the things that sometimes makes me snigger and sometimes exasperates me is the lack of understanding and failure to grasp the basics of the paperwork that most of us have here in Spain. I can't guarantee the accuracy of the rest of this post but, so far as I know, it's correct.

The Spaniards lived under two dictatorships in the 20th Century. The better known one had Franco as its Head of State. He introduced an identity card system and as a part of that Spaniards were issued with a unique identification number similar to the VIN on my car but shorter. The Spanish ID is called the DNI, Documento Nacional de Identidad and it has 8 digits and one verification letter which is generated by a mathematical formula. Spaniards older than 14 have to have an individual DNI, it's an offence not to have one. So the format is 12345678Z

Spaniards are identified by their DNI, it was originally a sort of tax identifier but now it's linked to everything from buying a mobile phone to passports. Because not everyone who wants to buy a property or a boat in Spain is Spanish there had to be something similar for foreigners. The similar document for foreigners is the NIE - the Foreigner's Identification Number, Número de identidad de extranjero. The NIE is really a tax identification number but, just like the DNI, it is now linked to so much more. The number is made up of an initial letter followed by seven digits and then a verification letter. The start letter is either an X or a Y. So the format is X1234567L or Y1234567X

Foreigners who want to live in Spain have to comply with a variety of conditions. Provided things are as they should be they are issued with an Identity Card or Residence Card and that card will carry their NIE. That's what happened to Maggie when she got a job here in the 1990s. She got the Residence Card because she had a job. The process included being fingerprinted and photographed. When we came house hunting in Spain, before we lived here, we went to a police station to get an NIE. I was issued with one but Maggie didn't need one because the number issued to her in the 1990s was still good. The NIE was just a piece of white A4 paper. 

Once we'd moved here we applied for Residence Cards. On the very day that I went to get my fingerprints done to get that card it was abolished for European Citizens.  I was literally in a queue to get the card and turned away. The reason the cards were abolished was because I was not a foreigner, I was a European citizen and we European citizens had rights in the member countries. Some European agreement, possibly Maastricht, said that the Spaniards couldn't demand that we Britons carry a Spanish ID card. The reasoning being that whatever our National Identity Document was (passport in our case) it was sufficient to move anywhere in Europe. The same would be true for French, Dutch, Belgians, Luxembourgians, Italians and so on. The new system would be  a register of European Citizens living in Spain. 

Maggie and I registered as soon as the new process came into being, probably around 2007. We were given a piece of A4 paper which had lots of green on it. This green certificate which was actually officially the Certificado de Registro de Ciudadano de la Unión or Registration Certificate for a Citizen of the Union was proof that we'd registered with the National Police as being resident in Spain. In time that certificate changed shape and size to be a sort of paper card but its purpose was very much the same. Everybody I know calls that certificate/card the Residencia.

Then came Brexit. When it was complete we would be foreigners again. Not European Citizens. Foreigners, such as Canadians, Mauritians and Chinese, living in Spain have a card which is called a Tarjeta de Identidad de Extranjero or a Foreigners Identity Card. I'm not sure whether it was by negotiation or because the Spaniards baulked at the idea of re-registering the approximately 300,000 Britons resident in Spain that it was decided that the green bits of paper and the green cards would continue to be valid for Britons to show that they had registered correctly before the end of the transition year and were legal to continue living in Spain from the start of 2021. There was also the offer to swap the green certificate for an ID card much like the ones carried by Spaniards and foreigners, a TIE card, but without most of the usual bureaucratic palaver. That system started in summer 2020 and Maggie and I went and got ours as soon as we could.

To recap then the NIE is simply an ID number and has nothing specifically to do with residence. The green residence certificate or card and the special Brexit TIE card all show that someone who was living here before 31 December 2020 has continuing resident status and is legally living here. There are also, apparently, letters of intent which show that Britons were living here with their rights as Europeans but that the authorities didn't have time to process the paperwork before Big Ben chimed the last EU hour. Provided they complete the process they too will be legal.

There is another piece of paper which we Brits usually call the padrón. Each municipality keeps a register of the people who live there. This register is used for statistical purposes, as the census for funding for municipalities and as the basis of the electoral roll. Under some circumstances the "padrón" gives you some rights but for most Britons it simply registers us to an address. Often, if you want to carry out something financial, like entering into a loan agreement, you'll need a "padrón" that's no more than 3 months old but the "padrón" has nothing to do with residency status.

Obviously there are Britons who have recently moved to Spain and all this new paperwork must have been horrible for them. I sympathize because Covid has slowed everything down and getting an appointment has been hampered by unscrupulous characters who have found a way to profit out of selling on the appointments. 

On the other hand I have been amazed by the number of people who have lived here for years and years and have also been involved in the last minute scrabble. People who have always renewed their UK driving licences by using a family member's UK address, people who have never got around to getting one of the green certificates and maybe aren't even on the padrón. Some of those people seem to be blissfully unaware of anything that is going on around them. Back at Twitter and Facebook I have seen people who have no idea which document is which and what it's good for. And can you imagine the Customs Official at Stansted presented with a letter of intent to apply for this or that in flowery Spanish when their briefing says to only allow residents to travel?