Thursday, March 7, 2019

BREXIT & Spain Update by Patrick Macdonald at Blacktower.



The Council of Ministers of Spain met last Thursday in order to approve interim legislation aimed at protecting UK citizens living in Spain should the United Kingdom leave the European Union without a deal.
A summary of it has been released to the public, on which we are basing the following information, which we think you may find useful. In case new and relevant information is contained in the published law, we will send an update to this Newsletter.

Please note that measures approved are temporary and unilateral, which means that they will no longer be valid once the relevant period established has ended or if a bilateral agreement is reached between Spain and UK, or if a broader agreement is reached between the European Union and UK.

Another important requirement for those measures to apply is that United Kingdom provides similar treatment to Spanish Nationals living in the UK.

The measures that will affect circa 300.000 registered UK citizens living in Spain will be:

RESIDENCE PERMITS

British citizens residing in Spain before the date of withdrawal from the United Kingdom (March 29th, 2019) will fall in the general immigration regime after Brexit.

             All registered British residents in Spain will be considered legal residents after Brexit. In order to obtain permanent residency, prior periods of residence in Spain will be taken into account in accordance with the EU citizens' regime.
             In order to facilitate the documentation of all British citizens in Spain, the certificates of registration and family cards of citizenship of the Union will remain valid until the issuance of new documents under the general regime of foreigners.

This means that the current green residence cards or residence A4 papers that you hold will remain temporarily valid until the end of year 2020. After January 2021, UK citizens will be expected to exchange their EU resident cards for a Non-EU residence cards.

For those British citizens that do already hold a permanent residence card, the exchange process will be virtually automatic. We strongly advise British citizens living in Spain, who do not hold a residence card yet, to register as resident before Brexit at the Foreigner’s Police Station before March 29th.

DRIVING IN SPAIN

Spain has granted a 9 month period following Brexit to exchange UK driving licences for Spanish driving licences. If you are a UK licence holder living in Spain from that date, in the event that there is no EU Exit deal, and no bilateral agreement, you may have to pass a Spanish driving test to be able to carry on driving in Spain.

Residents in Spain should consider exchanging your UK driving licence for a Spanish driving licence as soon as possible. Increased demand may lead to longer processing times and delays to exchanging driving licences.

HEALTH ASSISTANCE

Spain will continue rendering health assistance to UK citizens who have either an EHIC card, or that have transferred their UK health rights into Spain in the same way as before Brexit - at least during April and May 2019.

After June 2019, rendering of health services to UK citizens will depend on:
           
             UK guaranteeing that Spanish citizens also receive health assistance in the UK, which will be paid by the Spanish Government.
             UK reimbursing Spain for the cost of medical treatment of UK citizens receiving health assistance in Spain.


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