Brexit and Changes

BREXIT UPDATE

REMEMBER

If you were legally resident in Spain before 1 January 2021, your rights will be protected by the Withdrawal Agreement.

You should check that you are correctly registered as a resident. You have the right to obtain a new residence document to evidence your rights.

The United Kingdom left the European Union on 31 January 2020. The transition period that started on 1st February 2020 to negotiate future arrangements between EU and the UK is currently scheduled to end on 31st December 2020.

As of the end of the transition period British citizens and their non-EU family members will be subject to all Spanish immigration rules for third-country nationals, meaning any privileges under EU freedom of movement will come to an end.

However, UK nationals and their family members who established the residence in other EU Member State before the end of the transition period in accordance with EU free movement law, will maintain their free movements rights after 31st December 2020.

In compliance with EU Regulation 2018/1806 of the European Parliament and of the Council of 14 November 2018 British passport holders travelling to Schengen countries for holidays, business or to visit family do not require a visa for stays of up to 90 days in a 180 day-period, provided the visit is not for gainful activity. Please note that the 90 days will start counting from the date they enter any of the Schengen countries, including Spain.

British citizens and their family member need visa for journey undertaken after 31st December 2020 for the purposes of residence, studies for period larger than 90 days, work, professional, artistic or religious activities

What’s in the Withdrawal Agreement?

The Withdrawal Agreement guarantees these citizens and their family members broadly the same rights they had before the UK withdrew from the EU: they can continue to live, study, work and travel freely between the UK and the EU.

The same applies to any EU citizen who moved to the UK or UK nationals who moved to an EU Member State during the transition period.

Who is protected by the Withdrawal Agreement?

The Withdrawal Agreement protects those EU citizens lawfully residing in the United Kingdom, and UK nationals lawfully residing in one of the 27 EU Member States at the end of the transition period.

It also protects the family members that are granted rights under EU law (such as current spouses and registered partners, parents, grandparents, children, grandchildren and a person in an existing durable relationship) to join their family member in the future.

Children will be protected by the Withdrawal Agreement, wherever they are born, before or after the United Kingdom's withdrawal from the EU, or whether they are born inside or outside the host state where the EU citizen or the UK national resides.

The only exception concerns children born after the United Kingdom's withdrawal and for which a parent not covered by the Withdrawal Agreement has sole custody under the applicable family law.

Social security

The Withdrawal Agreement protects all those EU citizens who, at the end of the transition period, were in a situation involving both the United Kingdom and a Member State at a time. Their family members and their survivors are also protected.

Residence rights

The substantive conditions of residence are, and will remain, the same as those under current EU law on free movement.

In essence, EU citizens and UK nationals meet these conditions if they:

• are workers or self-employed;

• have sufficient resources and sickness insurance;

• are family members of another person who meets these conditions;

• have already acquired the right of permanent residence and are therefore no longer subject to any conditions.

The Withdrawal Agreement does not require physical presence in the host state at the end of the transition period – temporary absences that do not affect the right of residence and longer absences that do not affect the right of permanent residence are accepted.

Those protected by the Withdrawal Agreement who have not yet acquired permanent residence rights – if they have not lived in the host state for at least five years – will be fully protected by the Withdrawal Agreement, and will be able to continue residing in the host state and acquire permanent residence rights in the host state after accumulating five years of residence.

EU citizens and UK nationals who arrived in the host state before 1 January 2021 enjoy the same rights and obligations under the Withdrawal Agreement as those who arrived in the host state before 1 February 2020.

If you can prove you resided in Spain before the 31st December, remember you may have the right to apply with the same rights Now, please get in touch!

Driving licence exchange in the EU

You can have only one EU driving licence at any one time. If you move to another EU country, you don't usually have to exchange your driving licence for a local one. However, you can voluntarily exchange it for an equivalent one in your new country of residence if you wish.

Voluntary exchange of your driving licence in another EU country

If you want to voluntarily exchange your driving licence you must be a resident of that country and meet the conditions for having a driving licence (e.g. you have reached the minimum age, your state of health permits you to drive, etc.).

Before the authorities exchange your driving licence, they will contact the authorities in your previous country of residence to check that your driving licence has not been restricted, suspended or withdrawn. If you exchange an old-style licence, you will be issued with the new standard format (plastic, credit card-sized photo card available since 2013).

Obligatory exchange of your driving licence in another EU country

You have to exchange your driving licence if:

Your licence is lost, stolen or damaged

After 2 years of usual residence, if you have a driving licence with an indefinite validity period (only if this is required by the national authorities in the country where you live)

You commit a traffic offence in the country where you live

When you exchange your original driving licence for a local one, you will be subject to that country's rules on driving licences (for example on validity periods and medical checks).

See Article Driving licence after Brexit for Exchange information

If you have a registered S1 form and were living in Spain before 1 January 2021, your rights to access healthcare will stay the same from if you are either:

• receiving a UK State Pension

• receiving some other ‘exportable benefits’

• a frontier worker who lives in Spain and commutes to work in the UK

If you were living in Spain before 1 January 2021, you may be eligible for a new UK-issued EHIC if you’re:

• a UK student in Spain

• a UK State Pensioner with a registered S1

• a frontier worker with a registered S1

If you are not an S1 holder, but are registered for public healthcare in Spain in another way and are travelling outside of Spain, you must apply for a Tarjeta Sanitaria Europea (TSE - a Spanish-issued EHIC)

PLEASE ASK FOR DETAILS FOR BOTH OF THE ABOVE APPLICATIONS!

Entry requirements

You can travel to other Schengen area countries for up to 90 days in any 180-day period without a visa for purposes such as tourism.

To stay longer than 90 days in any 180-day period, to work or study, or for business travel, you must meet the entry requirements set out by the country you are travelling to. This could mean applying for a visa or work permit.

Periods of time authorised by a visa or permit will not count towards the 90-day visa-free limit.

Working in Spain

If you were legally resident in Spain before 1 January 2021, you have the right to work, as long as you remain legally resident.

If you are planning to come to Spain to work, you may need a visa or permit

Frontier workers

If you live in Spain and were regularly commuting to work in another EU or EFTA country, before 1 January 2021 you may need a permit to show that you are a frontier worker. You should also check that you are correctly registered for residency.

SEE ARTICLE WORKING VISA AND SELF EMPLOYMENT IN SPAIN

Money and tax

The UK has a double taxation agreement with Spain to make sure that you do not pay tax on the same income in both countries. You can ask the relevant tax authority about double taxation relief.

Existing double taxation arrangements for UK nationals living in Spain have not changed.

As a Spanish resident, you must declare your global income to the Spanish authorities, no matter which country it came from. If you are not a resident, you will only pay tax on income that came from Spain.

SEE ARTICLES ON ACCOUTING AND TAX

Pets

If you have a pet passport issued by Spain or another EU member state, you can use it to travel with your pet to Great Britain and elsewhere in the EU.

A GB-issued EU pet passport is not valid for travel to the EU or Northern Ireland. You should speak to your vet before you travel to get the necessary pet travel documents and ensure you’re compliant with the EU Pet Travel Regulations.