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.

We will refer to the European Union as the 27 countries that constitute the political and economic union, plus Norway, Switzerland, Liechtenstein and Iceland. So, if you are planning on travelling to the EU after the transition period is over you should check a few things beforehand.

The first thing that you should do is check when your passport expires, since on the day of your travel your passport must be less than 10 years old and have at least 6 months left till it expires. If your passport does not meet these requirements you will be not be able to travel to the EU. Therefore, you might have to renew your passport a process which usually takes around 3 weeks.

These rules do not apply if you are travelling to Ireland. You can continue to use your passport as long as it’s valid for the length of your stay.

The second thing worth checking is your travel insurance coverage since once the transition period is over the European Health Insurance Card (EHIC) will no longer be valid and UK citizens will have to pay for their medical bills.

Another thing to check is your driving documents since you might need and international driving permit to drive in some countries. If you are travelling with your own vehicle, you might also need a ‘green card’ or valid proof of insurance and a GB sticker.

When travelling with pets you should start organising and contacting your vet at least 4 months before starting your journey, as from the 1st of January of 2021 the existing pet passport scheme will suffer modifications.

Additionally, it might be important to find out the roaming charges, if any, of your phone operator. As from the 1st of January of 2021 the guaranteed free mobile phone roaming throughout the EU will end.

Lastly, when travelling to the EU as a tourist you will not need a visa. You will be able to stay for up to 90 days in any 180-day period. However, you might need a visa or permit to stay longer, to work or study, of for business travel. You may also be required to show, at border control your return or onward ticket and demonstrate you have enough money for your stay.

These are the main things that should be checked before travelling to the EU. However, these may change as the final negotiations between the UK and the EU take place.

Written by Sara Caselles Gayà.

Read more about Immigration Law.

The agreement covers:

• trade in goods and services, including provisions on rules of origin, preferential tariffs and quotas
• intellectual property
• geographical indications
• government procurement

The agreement will ensure British businesses and consumers benefit from continued access to the region after the UK leaves the EU. For instance, consumers in the UK will continue to benefit from lower prices on goods imported from Central American countries party to this agreement. The same applies to consumers in Central America who will benefit from lower tariffs on goods produced in the UK.

It is preferable to trade on these terms rather than on World Trade Organization (WTO) terms, because this way the UK can strengthen its trading relationship with Central America and support British jobs.

The UK-Central America Association Agreement replicates some elements of the EU-Central America Agreement, such as provisions on political dialogue, increased economic ties and other forms of cooperation between the two regions on issues like the environment and human rights.

Then Foreign Secretary Jeremy Hunt welcomed the new Agreement and said: “This agreement is of real importance as we prepare to leave the European Union and strengthen our ties with the rest of the world.”

When does the agreement take effect?

The UK ceased to be a member of the political institutions of the EU on January 31st 2020. However, it will continue to be treated as a member of the single market and customs union until December 31st, 2020, which is the end of the transition period following its departure from the EU. The EU also requested that third countries with EU trade agreements treat the UK as a member state during this period.

Thus, the UK-Central America Association Agreement will not enter into force while the EU-Central America Agreement continues to apply to the UK.

Written Lucía Fernández

Read more about Corporate & Commercial.

Below we mention the main changes to be aware of in the event of Brexit in a No Deal scenario.

• European entities formed under EU law.
• uropean economic interest groupings (EEIGs)
• European public limited liability companies, known as ‘societas Europaea’ (SEs)

Following the UK Government guidance, SEs and EEIGs registered in the UK can make alternative configurations before 1 January 2021.

For instance, an SE can convert to a UK public limited company (PLC) if it has:

• had 2 sets of annual accounts approved. (*)
• been registered for at least 2 years
• EEIGs and SEs and can also move their seat of registration from the UK to another EU member state.

Any entities that have not completed the conversion process before the exit day, will automatically converted to a new UK corporate entity.

(*)We understand the last two annual accounts

Cross-border mergers

From 1 January 2021, UK companies will no longer be able to make use of the EU cross-border merger rules. Therefore, any cross-border merger involving a UK and EU company (or partnership) that has not been completed before exit day may fall.

Uk companies who would like to merge with another company outside of the UK will need to transfer liabilities and assets through contractual arrangements. This means following the same process that the UK has currently with non- EEA companies.

EEA companies: Filing and disclosure changes

After exit day, the UK will no longer be part of the EU.

The main changes relating to filing requirements will impact on EU-registered companies which have registered a UK establishment and UK companies who have appointed services from an EU corporate officer. In both cases, those companies will need to provide additional information to Companies House.

The Government is in the process to laying all necessary Statutory Instruments that will ensure the UK´s company law regulations is up to date with the UK´s status outside the EU.

Written by Laura Gallego Herráez.

Read more about Corporate & Commercial.

The Government’s policy intends to simplify tariffs by eliminating ‘’nuisance’’ tariffs (those of less than 2%) and rounding higher tariffs down to the nearest standardised band. This will reduce administrative burdens for businesses that want to import into the UK.

Additionally, the UK government plans to remove or reduce tariffs for goods considered as key inputs to UK manufacturing (such as wood and plastic) as well as tariffs in areas where the UK does not have a significant domestic industry to protect (like cotton, bicycle parts and footwear). British manufacturers and consumers rely on these imported goods, so the UK government wants to avoid discouraging imports.

On the contrary, tariffs on products where the UK has defensive interests (such as the automotive, agriculture and biofuel sectors) are being retained, in an effort to protect British producers.

Finally, the UK Global Tariff also meets an environmental goal, hence why the UK government is planning on making around 100 environmentally friendly products tariff free in order to help the United Kingdom meet its Net Zero commitment by 2050.

What does the United Kingdom Global Tariff cover?

The UKGT will apply to all goods at the border when they are imported into the UK, but does not cover other import duties, such as VAT (Value Added Tax). It is also important for businesses to inform themselves on trade remedy measures, like anti-dumping, countervailing and safeguards that could apply to certain products.

The UKGT does not apply under certain circumstances, for instance, if an exception applies, such as a relief or tariff suspension. Furthermore, the UK government has committed to allow preferential tariffs to less economically developed countries under the Generalised Scheme of Preferences. Therefore, if the goods that are imported come from one of these countries, the UKGT will not apply. Lastly, the Global Tariff will not be applied on imports from countries with which the UK has secured a preferential trade agreement.

What is the new tariff-rate quota?

Products covered by a tariff-rate quota, can be imported at a zero or lower tariff rate as long as they fall under a certain limit, which can be expressed in units of weight, volume, quantity or value. If the limit is exceeded, a higher tariff rate will apply.

What will be the consequences of the new United Kingdom Global Tariff?

The UKGT will expand tariff free trade and will result in 60% of relevant imports into the UK (around £30 billion worth of trade) becoming tariff free, as opposed to 47% under the EU’s Common External Tariff.

The tariff and VAT have been removed on some goods in light of the coronavirus outbreak. This will however be reviewed throughout 2020, depending on how the situation evolves and could eventually continue to apply in 2021 if necessary.

Written by Lucía Fernández Yaipén.

Read more about Taxation Law.

Both countries are historic allies that share history and language. However, red lines have appeared on the negotiating table which may condition the success of the said agreement. Below, we analyzed key aspects of UK-US negotiations.

Import / export of food and agricultural products.

Britain expects to win lower tariffs on its agricultural exports to U.S.

US is not eligible to export food products to European countries due to that it does not meet the European regulations. Therefore, Washington considers Brexit an opportunity to exports that products to UK. However, standards campaigners are concerned that UK will import products which are produced with lower quality, such as the hormone treated beef and chlorinated chicken.

National Health Service

Initially, Trump expressed the interest of American companies in accessing to the British National Health Service (NHS), however, the British Government has repeatedly stated that the UK health system is outside the trade agreement. It seems that the American president has abandoned that requirement at the moment.

Huawei

In January 2020, Boris Johnson resisted pressure from US to ban Huawei in the UK market, which created friction between the two countries. However, the British Government is reviewing the decision taken in January, and according to the British Newspaper the Telegraph, Boris Johnson’s cabinet is planning to phase out Huawei’s equipment from 5G mobile networks. This decision would create losses for UK companies that have already invested resources in the Huawei 5G, such as Vodafone and BT.

Digital Tax

Since 1 April 2020, the UK has taxed 2% of the turnover of large technology companies, such as Google, Amazon or Facebook.

Steven Mnuchin, the US Treasury secretary, warned that if the UK applies the digital tax, the US could consider imposing "arbitrary tariffs" on imports of British vehicles, among other products.

When will the negotiations between the two countries be concluded?

The duration of negotiations leading to the signing of the agreement depends on a number of factors, including:

• The coronavirus pandemic.
• The result of the ongoing negotiations between the UK and the EU.
• The next US presidential elections scheduled for 3rd November 2020.

Written by Laura Gallego Herráez

Read more about Corporate & Commercial.

Same-sex marriage is already legal in 30 countries around the world, and a dozen states allow same-sex civil unions, with rights equal to or similar to those of marriage, but without that name.

Europe is the continent with the highest number (sixteen) of states that allow same-sex marriage. The EU has been a pioneer in recognition and protection of LGBT+ rights, the EU Charter of Fundamental Rights (EUCFR) prohibits in its 21st article, discrimination on the grounds of sexual orientation. Furthermore the Directive  2000/78 requires EU Member States to promulgate legislation which prohibits discrimination on this ground but only in the area of employment; and Article 10 and 19 TFEU introduce the Unions aim to combat discrimination based, amongst others, on sexual orientation.

The UK officially left the EU on 31 January 2020. However, the UK continues to be treated for many purposes as if it were still an EU member state during the transition period, and most EU law continues to apply to the UK.  But once this period expires and UK’s withdrawal is completed, LGBTQ+ British nationals will lose the rights they enjoyed as Union citizens under EU law. In particular, EU citizenship entitles free movement between EU Member States and to be joined in the host Member State by their close family members. In the recent Coman ruling, the CJEU clarified that EU law requires that (LGBTQ+) Union citizens can be joined in the host Member State by their same-sex spouse, irrespective of whether that State recognises same-sex marriages. Nonetheless, due to the loss of EU citizenship, British nationals who have contracted a same-sex marriage will no longer be covered by the Coman ruling and, thus, they will not be able to rely on EU law in order to require EU Member States that have not opened marriage to same-sex couples to accept their same-sex spouse in their territory.

Furthermore, if there is no change in the EU withdrawal bill, the EU charter will no longer be valid in the UK. Meaning that Brexit will erase the (minimum) EU safeguards applicable to its Member States as these will no longer be binding to the UK.

Therefore, it cannot be excluded that in the future there could be regression in the protection of LGBT+ rights. However, this does not seem likely but as it will be up, solely, to the will of the UK parliament, changes will become bureaucratically easier.

Finally, beyond binding legal instruments, the EU is also a highly-effective soft law actor and by shaping its agenda and creating a policy and normative framework that enhances the position of sexual minorities, it has tangibly improved the social, political and economic position of LGBTQ+ individuals across the Union. As a result of Brexit, LGBTQ+ persons who are resident in the UK are no longer able to benefit from this framework. Moreover, the UK is no longer subject to (soft) supervision through submission of data and UK-based NGOs and academic institutions are no longer eligible to apply for EU funding to support research or other activities which aim to combat discrimination against sexual minorities and/or to raise awareness regarding the matters concerning LGBTQ+ persons.

While the exact consequences of Brexit may be impossible to predict it, can be concluded that there will be no substantial change to LGTBIQ + rights. However, attention will have to be paid to the possible future changes that the British government may make do to its domestic law.

Written by Sara Caselles Gayà

Read more about Family Law.

Nowadays, the member countries of European Economic Area (EEA) - made up of twenty-seven countries of EU, plus Iceland, Liechtenstein and Norway - have benefited from the Immigration Regulations 2016. This legislation have allowed European citizens and family members to reside in UK for a certain time (right of initial residency for three months) with the only requirement of having to prove through a valid national ID card or valid passport the belonging to any of the Member States.

Once this initial period of residence runs out, those who want to extend their right of residence in the UK is required to comply with one of the following situations; 1) Job seeking, 2) Working, 3) Self-employed, 4) Studying, or 5) Self-sufficient. According to one of these categories, the residency applicant will be officially named “qualified person”. This “qualified person” could then gain the right of permanent residency after five years of continuous stay. This right of residency grants an indefinite leave to remain in UK.

In order to fulfil this previous period of five years of continuous residency and so to satisfy the right of permanent residency, the applicant must not have been absent from the UK for more than six months in any twelve months period given. This means at least six months per each year of effective residence.

However, following the UK’s exit from the EU, this set of rights has been substituted by the so-called Settled Status. For this reason, in order to protect and safeguard the rights of European people to legally reside in the UK, the EU Settlement Scheme Applications has been set up. It applies to EU citizens from European Economic Area and their family members. This EU Settlement Scheme Applications, which assembles the Settled Status, must be requested by all EU citizens and their family members living in UK who wish to remain working and living in the UK after 31 December 2020. Despite of this regulation, Irish citizens maintain a specific regime and do not need to apply for the EU Settlement Scheme.

Within the Settled Status, there are two fundamental classification categories that are closely linked to the legal situation above explained. First, EU citizens that have been residing for less than five years in the UK will obtain the Pre-settled status at the EU Settlement Scheme Applications. Meanwhile, secondly, those who can prove five years of effective residence in the UK will acquire the Settled status. The status obtained will exclusively depend on how long the applicant has been living in the UK since the time of applying. It is important to mention that civil rights will be different according to the status obtained.

At this point, it should be noted too that the application at the EU Settlement Scheme is voluntary. Moreover, an application is not strictly necessary once obtained the indefinite leave to remain. However, the UK authorities always recommend registering in order to avoid defencelessness, legal uncertainty or being unable to evidence their own residency or that of their family members.

In conclusion, it seems that the UK wants to maintain a certain priority of rights for EU citizens in comparison to other foreigners. Such is the reason for the voluntary EU Settlement Scheme. It grants some certainty to all EU citizens currently residing in the UK. Nevertheless, inversely, all EU citizens who enter the country from the 1st of January 2021, and who expect to remain, will have to accept the whole immigration limitations that British Government has laid down. There will then be no difference between being a EU citizen or not.

Written by Alfredo Serrano De Haro

Read more about Immigration Law.

The agreement covers:

• trade in goods and services, including provisions on rules of origin, preferential tariffs and quotas
• intellectual property
• geographical indications
• geographical indications

The UK-Chile Association Agreement will help strengthen the trading relationship between Chile and the UK as it will grant businesses and consumers certainty. By entering this agreement, both countries ensure that there is no disruption of their trade flow. Additionally, UK manufacturers will benefit from preferential access to the Chilean market to sell their goods, and UK consumers will benefit from lower prices on Chilean goods as well as more choice on products like wine, fruits and nuts.

The UK-Chile Association Agreement replicates some elements of the EU-Chile Agreement, such as provisions on political dialogue, increased economic ties and other forms of cooperation between the two regions on issues like human rights.

Then International Trade Secretary Dr. Liam Fox commented on the event saying: “Today we have signed an important trade continuity agreement as we prepare to leave the EU. This will ensure there is no disruption to British business exporting to Chile after we leave the EU”.

When will the agreement enter into force?

The UK ceased to be a member of the political institutions of the EU on January 31st 2020. However, it will continue to be treated as a member of the single market and customs union until December 31st, 2020, which is the end of the transition period following its departure from the EU. The EU also requested that third countries with EU trade agreements treat the UK as a member state during this period.

Thus, the UK-Chile Association Agreement will not enter into force while the EU-Chile Agreement continues to apply to the UK.

Written by Lucía Fernández

Read more about Corporate & Commercial.

With trade totaling at £31.4bn and 9,500-UK based businesses exporting goods to Japan, it remains Britain’s 11th largest trading partner and 4th largest outside the EU. Discussion has been underway between London and Tokyo to determine the specificities of their post-Brexit trading agreement leading to what could potentially be the most advanced global trading agreement to date. The UK hopes to build upon the already established EU-Japan Economic Pact Agreement (EPA), whilst Japan affirms that it will not simply ‘cut and paste’ the same agreement it holds with the European Union and apply it to the United Kingdom.

Tokyo, however, does hope to see a number of procedures implemented during the Brexit process. They place great importance on the UK and EU maintaining market integrity and remaining attractive destinations for business where “free trade, unfettered investment and smooth financial transactions” are ensured. The Japanese Government requested that the EU and UK adhere to four general terms during the Brexit process:

• Transparency
• Sufficient transition periods
• The publication of any changes to the process
• Safeguarding market integrity
• The maintenance of free trade between Japan and the UK

What is clear is Japan and Britain’s interest in forming post-Brexit agreements, with British authorities predicting that a bilateral trade deal could increase GDP by around 0.07 per cent, or £1.5bn, in the long-term.

Britain’s interest in forming relations with Japan is not limited to simply gaining access to their markets. Britain hopes to join the Trans-Pacific Partnership (TPP), of which Japan is one of the 11-member states, in order to bolster its post-Brexit economy and form trading partnerships with economic superpowers.

Therefore, Britain may look to accept the inclusion of investor-state dispute settlement mechanisms suggested by Japan in their recent trade negotiations as these mechanisms have been adopted by the TPP. In addition to this, Britain may choose to accept Japan’s instant post-Brexit zero tariff suggestion on Japanese automotive products to keep the Japanese Government on side when it looks to join the TPP.

British and Japanese bi-lateral relations will remain strong and effective post-Brexit trade deals with regards to the areas of STEM will be drawn-up, what remains to be decided, however, is whether Japan will be subject to free-trade agreements with the UK.

Read more about Corporate & Commercial.