The UK has finally left the European Union. And it has done so with an agreement that will certainly affect you. No matter if you are a UK citizen or the relative of one, your legal status in Spain is about to change.
That is why, in this article, we gathered all the latest news and some recommendation in regards to what will happen to UK citizens in Spain after Brexit. You may want to take action as fast as possible, so keep on reading!
Basically, Brexit is the process related to the UK exiting the European Union.
As we are talking about relationships that were previously regulated under the Europea Union regime but now won’t anymore, it involves the implementation of new laws. And, especially, negotiations and new treatments between the EU countries and the UK.
After months and months of negotiations after the final decision, the UK finally left the European Union on the 31st of January of 2020.
And, the most important thing, it had done so with an agreement.
What is the Brexit agreement about?
The exit agreement has been ratified by both the UK and the European Union. Even though the UK is finally out, this agreement established a transitory period that went from the 1st of February until the 31st of December.
During that time, both UK citizens and their non-EU relatives kept the same rights they had before.
Nevertheless, residency cards were different: they had to move to a new transitory one.
Now, from January 2021 onwards, they are regarded as non-EU citizens also for any kind of immigration procedure in Spain (even though there’s still the possibility of obtaining your residency card easily as a EU citizen provided that you meet certain requirements).
Will UK citizens keep their residency status in Spain?
As we have mentioned, until the 31st of December of 2020, both UK citizens who registered in Spain and all non-EU citizens who got their family member of an EU citizen visa through them kept their residency card along with the rights that it grants.
So the European regime still prevailed.
Nevertheless, they were granted a special type of TIE that regulated their situation while keeping the same rights they possess up till that point.
A special type of residence permit was introduced, and both UK citizens and their family members who wished to obtain a Community card could do so from the 6th July to the 31st of December 2020.
In addition, if they already had a green card, they must make the transition to this special permit.
Nevertheless, a new instruction published recently makes it possible for them to still move to this new special type of permit (really easy application) or to validate their green card as long as they can prove they were in Spain before 2021. And this also applies to their relatives.
Do you have any doubts? Get in touch with our immigration lawyers and receive personalized legal advice and all your doubts solved:
Residency in Spain After Brexit
Let’s assume you are a British citizen who hasn’t yet moved to the Spanish territory, but would like to do so.
If that is the case, and you are starting from 0, obtaining Spanish residency will mean going through the same process any non-EU citizen should go.
And that is complex and tedious.
From the 1st of January next year, and in order to live over 3 months in Spain, any UK citizen will need to request a valid residence permit: the EU registry certificate wouldn’t be an option anymore.
They will need to start considering other options like the non-lucrative visa, the golden visa or a regular work permit. Now with a more complex list of requirements.
This, again, as long as you can’t prove you were already living in Spain before the beginning of 2021.
Getting your Family Member of an EU citizen card
There is another group of people who are not from the UK but who can experience the same consequences of Brexit while living in Spain.
We are talking about the relatives of UK citizens, who can get their residency card as an EU relative easily in the Spanish territory through them.
This situation applies to:
- Those married to a UK citizen.
- Those who have registered a civil partnership (pareja de hecho) with a British citizen.
- Those who have a child together.
Again, if they are relatives of an UK citizen who was in the Spanish territory during 2020 already, they can also benefit from that and get their residency easily.
Legal advice for Brexit immigration consequences
As you can see, the current situation makes it possible for you to regularize your situation easily even though we are already in 2021.
More information can be found in the government’s website. But if you have any other doubts and need personalized legal assistance from our expert lawyer team, do not hesitate to reach out to us.
We work with UK citizens on a daily basis, so we really understand you!
Get in touch with our lawyers and let us guide you step by step:
Hi,
Hopefully, you can give me a hand with this.
I am Spanish while my daughter and my partner have British and Australian nationality. All of us live in London and my partner is pregnant. We are planning to move to Spain before the end of 2020 but the new baby is due in the second half of January 2021. We are not planning to work in Spain as the idea is spending a few months with my family and then move to Australia (all of us have the right to work and live over there)
Could all of us be covered by the Spanish NHS for free? If yes, any critical steps to follow?
Can my partner and my daughter stay in Spain for more than 90 days after January 2021? If we move to Spain in 2021?
Thanks,
Albert
As you are Spanish citizen, your family can apply for a residence permit as a family member of you.
Then, they will have access to the national health system.
If you want you can contact directly to us ([email protected]) so one of our lawyers can help you on the process of getting the residence permit.
Hello,
I am Spanish but living in the UK with settled status. Due to the Brexit situation, I was wondering if I should get British citizenship before the end of the year. Would you advice me to do so?
Thank you very much,
Kind regards,
Ana
We only practice Immigration Law in Spain not in the UK. So we cannot help you as only UK authorities can tell you the consequences of Brexit in their country.