Question to the Foreign, Commonwealth & Development Office:

To ask the Secretary of State for Foreign, Commonwealth and Development Affairs, what estimate he has made of the number of UK citizens living in Spain who (a) have not applied for resident status and (b) may be required to return to the UK as result of not having obtained that status.

Statistics from the Spanish government show that up to 31 December 2020, 381,448 UK nationals held a valid residence document in Spain. As Spain is operating a declaratory system under the Withdrawal Agreement, UK nationals and their family members who were lawfully resident before the end of the transition period do not need to apply for a new residence status to secure protection under the Withdrawal Agreement. This is because their rights are conferred automatically by operation of the law.

While it is not a prerequisite to having status under the Withdrawal Agreement, UK nationals are encouraged to obtain the new residence document (Tarjeta de Identidad Extranjero) to evidence their rights. Pending the issuance of a new residence document, existing residence documents or other forms of proof can be used to evidence status under the Withdrawal Agreement. Up to 9 December 2020, 74,400 UK nationals in Spain had applied for the new resident document and 47,000 new residence documents had been issued.

The Spanish government has been clear that it has no plans to deport UK nationals who have made Spain their home. However, UK nationals present in Spain who do not fall within scope of the Withdrawal Agreement, EU law or Spain's domestic immigration rules will not have a legal basis to live in Spain. The Spanish government has confirmed they will take a pragmatic and proportionate approach towards ensuring that UK nationals who are required to return to the UK, do so in accordance with Spanish immigration rules.