HAVE YOU HAD PROBLEMS WITH YOUR RESIDENCY OR TIE APPLICATION? IF IT WAS REJECTED, YOU HAVE TO KNOW According the DIRECTIVE 2004/38/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 29 April 2004: “The fundamental and personal right of residence in another Member State is conferred directly on Union citizens by the Treaty and is not dependent upon their having fulfilled administrative procedures”. Additionally, the BREXIT AGREEMENT (Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, 2019/C 384 I/01), establish that the exercise of the right of residence means that an EU citizen or a UK national lawfully resides in the host State in accordance with Union free movement law before the end of the transition period. This means that all EU rights will be kept for British citizens until 31 December 2020 as if UK was EU member state. All possible situations where the right of residence stems from Union free movement rules are covered. It is sufficient that the right of residence was exercised in accordance with the conditions Union law attaches to the right of residence. In SALVADOR TAX AND LEGAL we are giving advice in the application of residency document in accordance to the BREXIT Agreement and also in the case of rejected applications. It is recommended to check if resolutions are done under the law (EU and Spanish law). If you have any doubt or you are in the case of a rejected residency application, you could contact us and our solicitors could give you advice about you case.