'Returning to the UK is not a viable option for many people who need to register as resident in Spain'

Since the middle of last year the IOM has helped around 3,000 British residents in Spain with their residency paperwork

Rachel Haynes

Sunday, 16 May 2021, 11:16

The International Organisation for Migrations (IOM) is one of the associations chosen by the British government to help UK nationals living in the EU to secure their rights as residents post-Brexit.

Alicia Gárate, who coordinates the UK Nationals Support Fund project for IOM Spain, ... speaks to SUR in English about the barriers some vulnerable residents are up against. She encourages British citizens who were legal residents in Spain before 31 December 2020 to register.

"There is still time," she says. "If people have any questions, they can contact IOM's legal team."

How many people has IOM helped so far through the programme?

So far, IOM Spain has provided support to around 3,000 UK nationals. We have also been continuously sharing information on the residency process through our website, social media and distributing guides and leaflets in the areas where IOM Spain is implementing the project: Andalucía, Murcia, Madrid, Castilla La Mancha, Castilla y León, Extremadura, Ceuta and Melilla.

What is the typical profile of the people who need help with their residency papers?

IOM provides direct support to UK nationals facing specific challenges, such as people living with disabilities, those grappling with chronic illnesses and those facing specific barriers related to language, literacy, access to technology or who live in remote areas. Most UK nationals who have received support in Andalucía are elderly people who consider Spain as their home and are without relevant connections in the UK. For instance, many of them have sold their houses in the UK and have moved to Spain on a permanent basis. If they cannot register as residents in Spain returning to the UK is not a viable option for many of them. Many live on campsites or residential areas inland, making physical access to the immigration offices and police stations a particular challenge. The challenging residency process is even more difficult when you do not have language skills in Spanish.

What are the most common problems experienced by the people who go to you for support?

UK nationals are usually unsure of the documents they need to obtain to prove their residency in Spain. They may need to request documents from the UK, translate them into Spanish or obtain further documents in the local town halls. They are sometimes unsure of where and how to submit their applications, or even if they are entitled to apply.

And what solutions can you give them?

We inform them on the process to follow in order to obtain residency, ask for appointments in the immigration office and police stations and check the supporting documents for their application, among other things. We obviously answer any enquiry related to the residency process in Spain.

Do you mediate with the Spanish authorities on behalf of British nationals in general? Do you take up individual cases with them?

As an international organisation, we do not legally represent UK nationals on their applications. Nevertheless, we liaise with the regional authorities to keep track of all the circulars issued by the Spanish authorities on the application of the Withdrawal Agreement and their implications at the local level. In specific cases where the beneficiary is facing particular problems, we can contact the regional immigration office in order, for instance, to check the status of their residency application.

How are you reaching the vulnerable people in Andalucía who could still need your support?

From the beginning of the project we contacted local NGOs and charities, schools, care homes and also prisons in Andalucía to share details of the UK Nationals Support Fund Project and how IOM Spain could help those who needed to register and may be more at-risk. Since July 2020, we have been organising outreach events across Andalucía, especially in the most remote areas.

What is the solution for people whose applications have been rejected? Are their appeals likely to be successful?

UK nationals with rejected applications can appeal the decision within one month of receiving the outcome of their residency process. IOM legal advisors can provide support on these appeals. Appeals are studied on a case-by-case basis as there are not two identical cases.

Whether the first appeal will be successful or not does not fall in our scope, since this depends on the immigration office's interpretation of the Withdrawal Agreement signed between the UK and the EU. If the UK national decides to submit a second appeal in court, the decision will depend on the Spanish judge's interpretation of the Withdrawal Agreement.

The British government recently released more funds for the support organisations like yours in the EU. What will those extra funds mean for the service offered by the IOM?

Those funds allocated by the FCDO will allow us to continue providing support through 2021.

How long will the service be available for?

We will continue providing support until October 2021.

What other types of projects does the IOM run in Spain?

IOM, as the United Nations Agency for Migration, is the principal intergovernmental organisation working in the field of migration. IOM has been working for the last 75 years to promote humane and orderly migration by providing services and advice to governments and migrants. In Spain IOM projects are dedicated to the integration of migrants and resettled and relocated refugees.

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