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What will happen to British residents in Spain after Brexit?

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The global pandemic caused by Covid-19 is having a strong impact on the economies of all countries. The confinement measures, together with the paralysis of a large part of the economic activities, place us before an uncertain future scenario, a challenge which European countries will undoubtedly overcome.

The SPANISH BRANCH OFFICE team can accompany and guide you through this challenge, as well as helping you to find the right solutions to the problems we are definitely going to face.

In addition to this global challenge, the United Kingdom faces the uncertainties that BREXIT may cause:

  • What will happen to British residents in Spain?
  • Will I have health insurance?
  • Will I be able to stay in Spain or will I have to take a flight out of Spain to the UK?

At SPANISH BRANCH OFFICE we clear up all these questions right now.

The Withdrawal Agreement provides for the establishment of a transitional period from the date of withdrawal until 31st December 2020.

Residents or third country nationals

During this transitional period, United Kingdom nationals and their third-country family members resident in Spain will maintain their rights arising from the application of Union law (with the exception of the right to vote and stand in elections to the European Parliament and to exercise the EU Citizens’ Legislative Initiative).

Once the transitional period has ended, the Withdrawal Agreement assures that their rights of residence, work, study and Social Security will be maintained.

Those who arrive after the end of the transitional period (31/12/2020) and who are not included in it, will be considered as third country nationals and, without prejudice to the application of a special regime for future mobility, will be subject to the provisions of the general regime for foreigners.

The future mobility scheme has not yet been negotiated, although a Political Declaration has been signed.

economy uk brexit

 

Procedure to get Foreigner’s Identity Card

The Government of Spain will not require UK nationals residing in Spain before the end of the transitional period, or their family members, to undergo any further documentation process, nor will they be required to take a flight out of Spain to their country.

Please note that they should already have a registration certificate (or family member’s card for Union citizens, in the case of family members) documenting their status.

However, the Spanish government is working together with the European Commission to make available a Foreigner’s Identity Card which explicitly mentions their status as a beneficiary of the Withdrawal Agreement. The procedure for processing this card in the coming months is being finalized.

 

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Steps to get certifications depending of your status

  1. If you are a UK national resident in Spain before the withdrawal from the UK: the certificate of residence will be a valid document that proves your legal status in Spain. However, when the procedure is available, in accordance with Article 18(4), you may request the document in a uniform format (TIE) showing that it has been issued in accordance with the withdrawal agreement.
  2. If you are a third-country national, family member of a United Kingdom national, resident in Spain before the withdrawal from the United Kingdom: the family member of a Union citizen card will be a valid document proving your legal status in Spain. However, when the procedure is available, in accordance with Article 18(4), you may request the document in a uniform format (TIE).
  3. If you are a United Kingdom national arriving in Spain during the transitional period: you may request a certificate of registration and when the procedure is available you may request the uniform format document (TIE) showing that it has been issued in accordance with the withdrawal agreement.
  4. If you are a third-country national, family member of a United Kingdom national, arriving in Spain during the transitional period: you may apply for a family member of a Union citizen card. When the procedure is available, you may apply for a family member of a Union citizen card which states that it has been issued in accordance with the – withdrawal agreement. The same requirements will be verified as for obtaining a family member card of a Union citizen.
  5. If you are a UK national who has already obtained the Spanish nationality: you do not need to take any steps.

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Let’s get down to business

I have British nationality and reside in Spain. Will I need health insurance to stay in the country after the transitional period?

To maintain your residence in the country, under EU law, Spain is entitled to require self-sufficient British people (including pensioners) and students who have not yet acquired the right of permanent residence to have health insurance.

 

What about my university degree?

Will the UK’s withdrawal from the EU affect this situation?

UK citizens will no longer be EU citizens and UK qualifications will no longer be EU qualifications.

The EU legal regime explained above will no longer apply to the individuals concerned and will no longer apply in the UK. All aspects relating to the recognition of their qualifications and the possibility of providing professional services in any EU Member State or in the UK will be governed by national rules and conditions, without the benefit of the rights.

 

Do not hesitate to contact us to get more information about new procedures, taxes, administration requirements, certifications and all the questions to do business in Spain, before and after Brexit. We will be delighted to attend you.

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