Download the article here.
Because of the withdrawal of the United Kingdom (UK) from the European Union (EU), UK nationals living in Spain are facing some uncertainty regarding their situation, but it is important for them as well as their families to know that their rights will be protected.
What is the situation of UK nationals and their families living in Spain during the transition period?
Currently, UK nationals and their family members resident in Spain who are nationals of non-EU countries still maintain their rights under EU Law with two exceptions. First, they no longer have the right to vote and stand in elections to the European Parliament, and second, they are no longer entitled to use the EU Citizens Initiative.
What about UK nationals and their families who arrive in Spain during the transition period?
In this case, the rights of UK nationals and their families will be derived from the application of EU law with the exception of the right to vote and stand in elections to the European Parliament and the exercise of the EU Citizen Initiative.
UK nationals arriving in Spain will have to request a certificate of registration, or green certificate, and their relatives will have to request a card of a relative of an EU citizen to the Offices of Foreign Affairs and Police Stations.
Since they will also be able to benefit from the provisions of the Withdrawal Agreement, the Spanish government and the European Commission are currently working to introduce a Foreign Identity Card that explicitly states that the holder is a beneficiary of the agreement. This will facilitate administrative procedures as well as any crossing of the external European Union border.
For now, having a registration certificate guarantees UK nationals and their families’ rights as residents in Spain.
What will be the situation of UK nationals and their families living in Spain once the transition period ends?
The Withdrawal Agreement stipulates that once the transition period ends, UK nationals and their families will maintain their rights of residence, work, study and Social Security. That means that they can continue to work in Spain without any additional permit.
Registration certificates of UK nationals and ID cards of family members obtained before the end of the transition period will serve to prove their legal residence in Spain.
Additionally, once the issuance of a Foreign Identity Card is available, UK nationals and their family members will also have to request this card.
For now, having a certificate of registration guarantees UK nationals and their families’ rights as residents in Spain.
What about British citizens and their families who begin their legal residence in Spain after the transition period?
The rights of British citizens who decide to begin their legal residence in Spain after the transition period as well as those of their family members, will be established by the agreement regulating future relations. If there is no such agreement, the general provisions governing foreign residents in Spain will apply.
Written by Lucía Fernández Yaipén
Read more about Immigration Law.
