Consequences of Brexit for UK Citizens in Spain

Consequences Brexit for UK Citizens in Spain (1)

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

And, the most important thing, it has 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 establishes a transitory period that goes from the 1st of February until the 31st of December.

During that time, both UK citizens and their non-EU relatives will keep the same rights they had before. 

Nevertheless, residency cards will be different: they will need to move to a new transitory one.

And from the beginning of 2021 onwards, their status will become the same as any other non-EU individual.

Will UK citizens keep their residency status in Spain?

As we have mentioned, until the 31st of December, both UK citizens who registered in Spain and all non-EU citizens who got their family member of an EU citizen visa through them will keep their residency card along with the rights that it grants.

So the European regime still prevails. 

Nevertheless, they will be granted a special type of TIE that regulates their situation while keeping the same rights they possess now.

A special type of residence permit has been introduced, and both UK citizens and their family members who wish to obtain a Community card may do so from 6 July to 31 December 2020. 

In addition, if they already have a green card, they must make the transition to this special permit.

For more information about this new permit after Brexit, you can keep on reading in this article.

Spanish Residency 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, make sure to start your application now. Because after 2020 comes to and end, 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. 

Important advice: If you haven't yet, register as a resident in Spain NOW

Let’s take the case of a retired London citizen. He wants to start living in Spain, so he decides to do it as soon as possible to avoid any possible future hassle. 

The only thing he has to do is to register in the country and get his UE registry certificate. The main requirements is demonstrating €600 per month, something that is well covered with his pension. 

But now imagine he misses the deadline and does not register in Spain until 2021. As the transitory period has come to an end, the EU registry certificate is not valid. He must request a non-lucrative visa, requiring € 2,200 per month, being his pension not enough. Thus, he has to stay in the UK. 

As you can see, you should hurry up and register in Spain before the 31st of December to avoid losing the easiness in the legal application that any European Union citizen faces.  

Registering in Spain as a UK citizen

If you are a United Kingdom citizen who is not yet registered in Spain, our advice is that you do it as soon as possible.

Specially because until the end of the year, you have it really simple.

 In this section, we will explore the exact steps you should follow to get your EU registry certificate:

  1. The first step is flying to Spain and registering your address in the city hall.
  2. Then you will need to go to your closest police office and register as a resident.
  3. The first requirement you must meet is demonstrating your economic independence. For that, you can bring a job contract, the inscription to the self-employed regime, or enough money in your bank account in case you are not working. 
  4. The second and last requirement is having a private or public health insurance contract. In case you are working, your monthly contributions to social security will be enough, as you are entitled to the Spanish public healthcare system. In case you are not working, having a private one is compulsory. 
  5. Finally, you will need to pay the corresponding fee (which is about € 12). And you will get your UE registry certificate.

Permanent EU Card

After 5 years with the EU card, you can obtain the permanent UE registry, which is valid forever. 

Of course, is you have been in the country for that amount of time, we highly recommend you to switch to the long-run one as soon as possible.

Over 10 years in Spain? Get Spanish citizenship

Up till now, British individuals did not find it really useful to obtain Spanish citizenship. Especially because inside the EU, they had all the same benefits.

Nevertheless, now with Brexit, Spanish nationality gains more interest.

We don’t exactly know what will happen to UK citizens in Spain after Brexit once the transitory period is over, but having citizenship may be the safest option.

That is why, if you have lived in the country for over 10 years, we recommend you to apply for it.

But bear in mind that you’ll need to renounce to your current UK nationality to get the Spanish one.

Getting your Family Member of an EU citizen card

Nevertheless, there is another group of people who are not from the UK but who can experience the 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, our recommendation is that all of you who are under any of the prior situations go to the immigration office as soon as possible and get your EU relative card

You will get a residence permit that grants you the right to live and work in Spain for 5 years. And that is something that after 2021 you won’t be able to get.

Legal advice for Brexit immigration consequences

As you can see, the current situation requires you to take action now and try to regularize your situation before it’s too late.

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!

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Consequences Brexit for UK Citizens in Spain (1)

4 Replies to “Consequences of Brexit for UK Citizens in Spain”

  1. 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

    1. 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 (info@balcellsgroup.com) so one of our lawyers can help you on the process of getting the residence permit.

  2. 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

    1. 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.

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