Immigration law firms in Spain have told The Local that there are UK nationals without residency papers among the 800,000+ undocumented migrants in the country who are looking to regularise their status through Spain’s soon-to-end migration amnesty.
Immigration has become the main topic of debate in Spain in recent months following the government’s controversial blanket regularisation of up to 800,000 undocumented migrants living in the country.
As The Local has already reported on, much of the misinformation doing the rounds on social media suggests that this amnesty will principally benefit African migrants who arrived in Spain on boats.
In reality this is a tiny proportion of the people who will benefit.
The vast majority of paperless migrants affected by the blanket regularisation are Latin American. Funcas think tank data shows 70 percent of undocumented migrants in Spain come from South American countries, while Central America and the Caribbean account for around 17 percent.
Just 5 percent came from African countries, and the remaining 7 percent arrived from Europe, the rest of America, Asia and Oceania.
Data from Funcas reported here by Spanish state broadcaster RTVE shows that as many as 13,000 from non-EU, European countries, such as the UK, could apply in total.
It’s a well-known secret that that there are UK nationals living ‘under the radar’ in Spain. Many of their countrymen have wondered if these Brits who never registered as Spanish residents (despite losing the EU status after Brexit) would apply under the mass regularisation.
Now The Local can confirm that some Britons are indeed benefiting from the measure – or at least trying to apply for residency via this amnesty which ends on June 30th.
Two law firms out of several contacted by The Local Spain have confirmed that they have British clients interested in the mass regularisation process.
Speaking to The Local, CostaLuz Lawyers explained that undocumented British nationals are trying to apply for residency via the government’s mass amnesty programme.
“I can confirm that we do indeed have several potential clients interested in this process. These are British citizens who were unable to regularise their status after Brexit and who now see the current regularisation process as a way to obtain residency,” said María del Carmen Romero, a lawyer at the firm.
“We are assisting several people in this situation who could be eligible for this legal option,” she added.
Her colleague, Andrés Sánchez-Barriga, expanded, stating: “Yes, we have come across and analysed some cases involving British nationals who may potentially fall within the scope of the current extraordinary regularisation process, although I would say that, at least from our experience so far, these are still relatively isolated cases rather than a large trend.”
“In principle, British nationals are not excluded from the regularisation process as such. The key point is not nationality, but whether the person can meet the general and specific eligibility requirements.
GUIDE: How to apply for Spain’s migrant regularisation
“In practical terms, the type of British cases that may arise after Brexit are usually situations where the person has remained in Spain without having properly regularised their status, has overstayed the Schengen period, has lost or failed to renew a previous residence status, or was unable to document rights under the Withdrawal Agreement.” Sánchez-Barriga told The Local.
EXPLAINED: What happens if you overstay your 90 day limit in Spain?
However, for British nationals living without residency documents in Spain, there may be other possible administrative routes to gaining residency and legal status.
“In British cases, we would also usually check whether there may be any stronger or alternative route connected to previous residence rights, family links, employment, or the Withdrawal Agreement before deciding that the extraordinary regularisation is the best option,” Sánchez-Barriga explained.
“So, in short: yes, British nationals can potentially be eligible, and we have seen this type of situation, but the viability depends very much on the individual evidence and circumstances of each applicant.”
Furthermore, another law firm in Spain confirmed that they also have British clients, something that suggests there could be undocumented British nationals across the country looking to benefit from the amnesty.
Lawyers from Marfour International Law Firm told The Local that the firm has also had British clients but hinted at a nervousness among applicants and the potential for legal complexities.
“Yes, we have [British] clients, but I don’t think I want to talk about it,” said managing partner Maryem Essadik. “It’s a very sensitive issue for the British… [and] it’s a slightly more ambitious undertaking for the UK customer”.
