BREXIT
Are we all in the same boat?Expat?… concerned about the outcome of Brexit and what it means for you?
Whatever boat you’re in make sure you’re wearing a life jacket!
Hard Brexit or Soft Brexit? We don’t know but it is likely that the UK will leave the European Single Market and with this the end of the free movement of people, establishing restrictions on EU immigration in the UK, which will foreseeably be reciprocal for UK citizens in Spain.
The UK is planning a new concept called “settled status” to be given to EU residents in the UK who can prove 5 years’ continuous legal residence.
What can we expect and do in Spain?
Although “Nothing is agreed until everything is agreed”, now we must make sure that we are legally residents in order to trigger our Treaty Right.
We are expecting an online application process will replace the current system in 2018 to apply for permanent residence status
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About Eoin McGirr
Eoin is from London where he used to practice as a barrister. For the last 18 years he has been living in Spain where he works as a legal translator, law lecturer (Universidad de Deusto) and a lawyer (Cantabria Bar Association No. 3908). He has post-graduate studies in international law and international relations.
As a lawyer in Spain and expat, his goal is to provide clear, relevant and up-to-date information on fundamental issues/potential problems generated by Brexit for British people resident or wanting to reside in Spain, as he sees it from a legal immigration perspective.
Eoin understands how confusing everything can be in a foreign country from a legal, cultural and linguistic point of view and will address people’s concerns regarding legal residence in Spain before and after Brexit through this website.
Frequently asked questions…
Who has to register as a resident in Spain?
British people who spend more than 3 months in Spain.
Why should you register as a resident in Spain?
First of all because it is a legal requirement if you intend to spend more than 3 months in Spain and when you register with your EX-18 form you will be assigned your NIE which is your identification and tax number.
IIt is also essential that you establish your residence in Spain before the cut-off date in order to trigger your European Treaty right to live, work and study in Spain after Brexit.
When is the deadline?
As a British citizen you will be able to register as a resident in Spain as an EU national up to the time when the UK formally leaves the EU. Afterwards it is likely that the non-EU immigration process will be applied in Spain which is more complex.
Note that in order to acquire permanent residence status in Spain (after five years of legal residence) you would have to be a legal resident on the cut-off date
What is permanent residence and is it the same as settled status?
We can apply for a permanent residence document if we have lived in Spain legally for a continuous period of 5 years, which confirms our right to live in Spain (not other EU countries – see negotiations update) where we now live permanently, without any conditions.
“Permanent residence” is however an EU term, and immigration law in Spain, like in the UK, has one system for EU nationals and another for non-EU nationals.
As a result, the UK is planning a new concept called “settled status” to be given to EU residents in the UK who can prove 5 years’ legal residence in the UK.
British people in Spain will have to activate your right to residence before the Brexit cut-off date in order to avoid possibly being subject to Spanish immigration rules for non-EU nationals – having to apply for residence and work permits, student visas, criminal record checks, etc.
Where do I apply for residence?
You must personally attend your local police station/immigration office HERE
The same applies when you apply for permanent residence after 5 years.
Expat living in Spain
How might Brexit affect your life in Spain as an expat.
What to do in Spain
Make sure that your rights are protected under EU law.
Family and Nationality
How Brexit may affect your family. Dual nationality.
Brexit Updates
We’ll endeavour to bring you the most current news as it happens.
How might Brexit affect your life in Spain as an expat.
Here we explain the legal framework for permanent residence in Spain as a British national preparing for Brexit.
Make sure we are legal residents in Spain before the cut-off date
The Treaty of Maastricht in 1992 established freedom of movement and residence for persons in the EU as the cornerstone of Union citizenship.
That means that we can come to Spain to work, study or reside here as self-sufficient people (including retirees) – which is called our Treaty Right as a “qualified person”.
For the first 3 months in Spain we will be classified as tourists and after that we become residents (colloquially “expats” or ”expatriates”) MORE HERE.
If our intention is to live in Spain for more than three months in the year, then we are required to apply for registration in the Central Register of Foreign Nationals using form EX-18 in order to secure our rights (and if we change our address, particularly if we change province). This is also crucial in order to retain complementary benefits like healthcare [see negotiation update], family reunion and to avoid the immigration process for non-EU nationals.
In 2012 the Spanish government introduced new residency requirements for all EU citizens, including British nationals. Under the new rules, EU citizens applying for residency in Spain may be required to produce evidence of sufficient financial means to support themselves (and dependants) as well as proof of healthcare insurance.
After we have lived here legally for a continuous period of 5 years (allowing for absences of up to 6 months per year) we can then apply for a permanent residence document which confirms our right to live in Spain for as long as we want (although possibly not in other EU countries (MORE HERE) without any conditions.
It should be noted that up until now not many people have bothered to apply for permanent residence in Spain because it hasn’t really been necessary. This is because as EU citizens we have full residency rights from the beginning and have had no real need to certify our permanent residence rights, or indefinite leave to remain, in Spain MORE HERE
Following Brexit, the UK is planning a new concept called “settled status” to be given practically automatically to EU residents in the UK who can prove 5 years’ legal residence in the UK (with bank records, housing contracts, employment history, etc.). We can expect a similar procedure in Spain after any possible Brexit.
What about if you have not been legally resident in Spain for five years? Once you establish and maintain your status as a legal resident (before the cut-off date) you should be able to exercise that right until you have built up 5 years’ of legal residence when you will be able to apply for permanent residence status even after Brexit.
Currently both the initial application for residence and for permanent residence after 5 years have to be made in person at your local national police station/immigration office although a new online process is expected soon for renewal of your residence in Spain (Sign up for an alert here)
It is likely that after Brexit, UK nationals will no longer be able activate this right and would be subject to Spanish immigration rules for non-EU nationals. These are much more complex and involve having to apply for work and/or residence permits (with criminal record checks), and having to provide proof of adequate housing and other conditions.
As regards healthcare in Spain, British people who are legally residents before the exit date will continue to be eligible for healthcare reimbursements for as long as the treatment or residence continues (whether under the European Health Insurance Card (EHIC) scheme or the S1 system for pensioners).
Life jacket. In order to guarantee your Treaty Right (to continue living and working in Spain) you must make sure that you are legally resident before the cut-off date.
Dual nationality?
If you do manage to obtain permanent residence status, currently this will only apply to Spain and could be lost if you leave Spain for over 2 years
To protect your ability to live, work and travel freely anywhere in the EU you might also consider the following.
Are you eligible for an Irish or other EU passport?
Depending on your circumstances you might be able to obtain dual nationality through marriage or descent, for example if you are married to a Dutch national or have Italian ancestors.
If one of your grandparents was born in Ireland (Northern Ireland or the Republic of Ireland), you would have to register on the Irish foreign births register
You can hold both UK and Irish passports.
Are you eligible to apply for Spanish citizenship?
After you have been legally resident in Spain for ten years you can apply for Spanish citizenship, although you will have to pass a Spanish language examination (DELE) and a citizenship test (CCSE). You can now apply online:
Note: Currently Spain does not allow citizens from other countries to hold dual nationality (except for some countries in Latin America and Sephardic Jews) and as such you would in theory be required to give up your British passport.
Sephardic Jews
Spain and Portugal have new fast-track processes for the descendants of Sephardic Jews to obtain citizenship who will have to prove their Sephardic ancestry.
In Spain you will still have to pass a Spanish language examination (DELE) and a citizenship test (CCSE), although this is not required in Portugal.
What about my family?
The current situation.
As a British person legally resident in Spain, your family members (registered partner/spouse and your dependent children, parents and grandparents) also have the right to reside and work in Spain, regardless of their nationality and circumstances. MORE HERE
This means that they can stay here as long as they want – even if they don’t work or need income support. They should enjoy the same rights, benefits and advantages as Spanish nationals.
Your British relatives, as EU nationals, only need to apply for registration in the Central Register of Foreign Nationals using form EX-18 and ticking the box for EU national family member, and providing the documentation proving the family relationship and if you are not working that you have sufficient resources to support them (see above)
Your non-EU family members also have to register their residence and apply for a residence card to be issued for a family member of an EU national EX-19, again proving the family relationship and sufficient resources.
At the end of their 5th year of continuous legal residence your non-EU family members should apply to the authorities in Spain for a permanent residence card.
Just like your permanent residence, the residence card for a family member of an EU national will currently only be valid for Spain, and not for other EU countries, and could be lost if you leave Spain for more than five years. Under current EU law, UK nationals would only have protected rights in the state in which they have residence rights on exit day, although this could change in return for London offering a guaranteed right of return for EU nationals who have acquired settled status in the UK. see negotiations update.
How it might change after Brexit.
The EU and the UK agree that family members who join a “qualifying” British citizen in Spain before Brexit will be able to apply for permanent residence or “settled status” after five years.
If, however, we cease to be EU nationals as a result of Brexit and we cannot exercise our Treaty Right because we were not legal residents in Spain before the cut-off date, the law and procedure in Spain for any new family reunification is much more complex as non-EU immigration rules could apply which require that you prove sufficient resources and housing in Spain, and to bring your parents you would need to have a long-term residence permit. There would also be criminal record checks on both you and your family.
What to do in Spain (Residence)
In order to activate or trigger your Treaty Right we will have to be registered as a legal resident in Spain before the cut-off date.
Find out what your status is:
DO YOU HAVE A NIE (FOREIGNER ID NUMBER)?
NO
If you do not plan to live in Spain but intend to buy a property, set up a company, open a bank account or any other similar operation, you will have to apply for a Foreigner ID Number (NIE) which is also your tax number. This application can also be made from the UK via the Spanish consular offices [Form EX-15].
HOWEVER, JUST OBTAINING A NIE DOES NOT GIVE YOU ANY RESIDENCE RIGHTS IN SPAIN.
If you plan to live in Spain for more than 3 months you have to apply for Registration as an EU citizen resident in Spain and you will be assigned your Foreigner ID Number (NIE) which will trigger your right under EU law to potentially obtain permanent residence in Spain.
Apply for NIE and residence at the same time EX-18
YES
Ok, good, but are you a resident or is it just for the number? Remember that it is possible to have a NIE without being a resident. Look at your little green card or sheet of paper.
Does it say:
“Residente comunitario permanente en España desde XXX”
If it has the word “permanente” then you already have permanent residence under EU law and you have nothing more to do for the moment. It is possible that in the future following a possible Brexit you will have to apply for a new settled status although this is still to be decided. Subscribe to the ALERT and we will let you know exactly what you have to do.
“Residente comunitario en España desde XXX”
If “Residente comunitario in España desde XXX” (i.e. without the word “permanente”) you will be a temporary resident up until the time that you have accumulated 5 years’ legal residence, when you can apply for permanent residence exercising your Treaty Right.
See our ‘ How to apply for permanent residence section’
How to register as a (permanent) resident in Spain. Form EX-18
To renew your status now following the instructions here.
Law and Requirements.
More details can be found HERE
The registration certificate is a document that certifies your residence in Spain with the Central Register of Foreigners (Registro Central de Extranjeros) and includes your name, address, nationality, date of registration, and your Foreigner’s Identity Number (also called a NIE), which you will need for any financial transactions you make in Spain. While it officially proves your Spanish residency, it is not a valid form of identification in Spain.
Since 2012, in order to register as a resident, the Spanish law requires, in compliance with EU law, that you are registered with your local council (padron) and either working, studying, self-sufficient or joining a relative who is a legal resident.
Residence requirements (in Spanish):
Permanent residence requirements (in Spanish):
It is important to note that the Regulations make provisions for various circumstances too varied to deal with here and you may qualify for residence even though you do not appear to at first glance. There may be options available to you.
Depending on your circumstances you should come within one of the following groups:
- Workers must provide a certificate of employment from Spain with the employer’s tax and social security details, or be registered (in Spain) as self-employed for social security and tax. This can also be checked by the authorities internally.
- People who do not work in Spain (including retirees) have to have comprehensive sickness insurance – a private health insurance policy will be sufficient as will a European Health Insurance Card issued in the UK. You must also be able produce documentation proving that you have sufficient resources, for yourself and your family members, so as not to become a burden on Spain’s social assistance system during your period of residence.
You can prove that you have sufficient resources, either from a regular income (e.g. pension) or through ownership of assets (e.g. property), with up to date bank certificates, including in the form of credit. The assessment of sufficient resources will be carried out on an individual basis, taking into account the applicant’s personal and family circumstances, which in practice will vary depending on your national police station/immigration office, but you should be apply to prove an income of at least 600 euros/month or capital/credit of 6000 or 7000 euros (plus 70 % for each extra family member).
- Students also have to produce documentation proving enrolment on an officially-recognised course and your public or private health insurance, as well as a sworn statement that you have sufficient resources.
- Family members have to show their family relationship (registered partner/spouse, dependent children, parents and grandchildren/parents) and maybe dependence with the British person legally resident in Spain, and also that the British person legally resident in Spain has sufficient resources to support them.with the British person legally resident in Spain. see family section
After 5 years of continuous residence in Spain we automatically acquire the right to permanent residence. Up until now we have not needed to update our status as permanent residents although this may now become necessary in order to certify our right to live and work in Spain without any limitations following a possible end to the free movement of people between the UK and Europe.
The requirements are that we have been living legally in Spain continuously for 5 years as a qualified person (working/jobseeker, student or self-sufficient) which we may have to prove with bank certificates, employment history in Spain, property rental agreements or ownership deeds, utility bills, municipal registration, etc. In practice, different immigration offices/national police stations have different requirements
Supporting Documents.
Translations:
Documents in English must be translated into Spanish by a sworn translator (with an official stamp).
Public documents issued in the UK (like marriage/birth certificates) must be previously legalised with The Hague Apostille which certifies the authenticity of the signature, and then translated by a sworn translator. MORE HERE
Standard forms from the EU do not need to be translated or legalised. For example the European Health Insurance Card (EHIC); Provisional Replacement Certificate (PRC ), S1 forms (formerly known as E106, E109, E120, E121) etc.
Note for Permanent residence:
In theory by ticking the first two boxes you give your consent to the Spanish authorities consulting your details internally and therefore do not need to provide Social Security, tax or municipal registration (padron) documents, and only need to provide your passport and pay the fee (about 10 euros).
This is the information given by some police stations/immigration offices and on the Spanish Home Office website HERE
However, the National Police website and some police stations/immigration offices still require all supporting documentation, just like for initial registration, to cover the previous five years (work contract, padron, vida laboral, etc.) and state that even if you tick the consent boxes you may still be required to provide documents. The 5 years’ residence may be checked internally by the Immigration Office, however, the family relationship, financial resources, etc. may have to be proven for the whole 5-year period before your application.
It is therefore advisable to contact your local national police station/immigration office (phone or email) and ask them what documentation is needed. MORE HERE
Documents. Original And Copy.
- Passport (no translation needed)
- “Padron” (certificado de empadronamiento or municipal registration certificate), less than 3 months old. This has no tax implications and is obtained from your local town hall. You just need to have an address where you habitually live, no matter whether you are the owner, you rent, or live with family or friends, but may be asked for your property rental contract or title deeds, and/or utilities bills in your name.
Plus, as applicable:
- Workers: Certificate of employment or registered as self-employed (both with social security reference). Your Vida laboral (social security work history) would be useful when applying for permanent residence.
- Students: Course enrolment + sickness insurance.
- Self-sufficient/retired: Proof of sufficient means/income (bank certificates, etc.) + sickness insurance.
- Family members: Proof of family link (marriage certificate, birth certificate, etc.) and the NIE + passport of the person you are joining. If you are using Form EX-19 as a non-EU family member, then you will also need to bring 3 colour passport photos.
Residence Forms.
Download Form EX-18 for both initial residence and for permanent residence.
Here is an EX-18 form in English (REFERENCE ONLY)
English form for reference
Instructions for completing the forms.
Note that the online process does not allow you to save your application, so you must print 2 copies of the form you filled out before closing the programme, and then sign your application form.
Insert you details including your address at the top. If it is your initial application for residence you will leave the “NIE/Foreigner ID no.” section empty.
Generally, you will leave blank the box about legal representative (unless for example applying for a child) and sections 2 and 3 (unless you are using a temporary address).
Section 4:
PERIODO PREVISTO DE TIEMPO EN ESPAÑA /ENVISAGED PERIOD OF RESIDENCE IN SPAIN
Put “indefinido” (indefinite) if applicable.
-
FOR INITIAL RESIDENCE (AND NIE):
RESIDENCIA TEMPORAL / TEMPORARY RESIDENCE (Tick as appropriate)
- Employed person
- Self-employed person
- Inactive person with sufficient resources and health insurance
- Student with sufficient resources and health insurance
-
Only for family members (family reunion):
EU/EEA/Swiss National, family member of another nationality included in the previous sections
- – National ID/ Foreigner’s ID/Passport of the entitled EU/EEA/Swiss citizen [XXXXXXXXXX
- – Relationship with the entitled EU/EEA/Swiss National XXXXXXXX
-
Or for permanent residence (AFTER 5 YEARS OF TEMPORARY RESIDENCE):
RESIDENCIA PERMANENTE/ PERMANENT RESIDENCE (Tick as appropriate)
Continuous residence in Spain for 5 years.
How to present your EX-18 Form.
- Find your Immigration Office/National Police FIND YOURS HERE
- Arrange a “Cita Previa” (Appointment) on the Internet BOOK YOUR APPOINTMENT HERE
(This option is not available in all provinces)
Select your province and then “autoriz.residencia larga duración UE”. Fill in your details.
- Personally attend on the day with your documents (see above).
- You can pay the fee (about 10 euros) on the day in a bank near the immigration office.
Currently you have to personally attend the police station/immigration office in order to renew your residence in Spain after 5 years – to obtain permanent residence and guarantee your rights under EU law after a possible UK exit from the EU.
I expect however that next year 2018 there will be a new process which can be done entirely online.
Your initial application for residence in Spain, which you must do before the cut-off date, will continue to require your presence at the police station
Send me an email when the online renewal process is ready for permanent residence in Spain or when there are any other relevant materials changes.
Sign-up for the Alert
What happens next?
All of the information on this site is subject to a Withdrawal Agreement.
The legal basis for the UK withdrawal from the EU is set out in Article 50 of the Lisbon Treaty (TEU). Accordingly, the EU and the UK government have 2 years to come to a withdrawal agreement from the start of the Article 50 negotiations.
Timeline and Withdrawal Agreement
All the information on this site is subject to a withdrawal agreement.
EEA/EU
If under the Withdrawal Agreement the UK stays within the EEA (like Iceland, Liechtenstein, and Norway), our Rights to Free Movement and Residence would remain the same.
The legal basis for the UK withdrawal from the EU is set out in Article 50 of the Lisbon Treaty (TEU) which provides that the EU and the UK government have 2 years to come to a withdrawal agreement from the start of the Article 50 negotiations.
As it stands, the UK will depart the EU on 30 March 2019 but the terms of its withdrawal and the nature of its future relationship with the EU are yet to be decided. There will be important EU summits in March and June 2018 although a deal should be in place in the autumn of 2018.
A deal will have to be approved by the UK, the European Parliament and by EU states who will have to vote for it under super-qualified majority rules – in time to meet the Article 50 withdrawal deadline.
There also remains the possibility that the UK could simply leave without any agreement, if either of the two sides reject a deal.
A transition period from April 2019 to March 2021 is expected although the terms are unclear at present.
Brexit negotiation updates.
All the information on this site is subject to a withdrawal agreement.
Brexit negotiation updates.
UK Government Department for Exiting the European Union:
EU Taskforce on Article 50 negotiations with the United Kingdom:
MORE INFO HERE
Latest negotiation update regarding COMPARISON OF EU/UK POSITIONS ON CITIZENS’ RIGHTS – 28/09/2017 document from the UK Government Department for Exiting the European Union:
More important information
All the information on this site is subject to a withdrawal agreement.
FURTHER FREE MOVEMENT RIGHTS
Under negotiation:
The current EU law establishes the loss of permanent residence status after an absence for a period exceeding two consecutive years. This means that if you were to leave Spain for more than two years you could lose your permanent residence. Furthermore, the permanent residence would only apply to Spain and not to other EU countries.
This could change in return for the UK offering a guaranteed right of return for EU nationals who have acquired settled status.
PERMANENT RESIDENCE
Agreed position: Conditions for acquiring permanent residence as per Article 16 of Directive 2004/38 (5 years of continuous and lawful residence as a worker/self-employed person, student, self-sufficient person, or family member thereof), with pre-cut off date lawful residence included in the calculation of the five-year condition.
CURRENT HOLDERS OF PERMANENT RESIDENCE CERTIFICATE
The position of the EU is that each country will apply their own individual administrative procedures.
HEALTHCARE – PERSONAL SCOPE
It has been agreed that British residents in EU countries on the cut-off date continue to be eligible for healthcare reimbursement, including under the EHIC scheme, as long as that stay or residence position continues. This includes British pensioners, workers and students registered as resident in Spain on the cut-off date.
CRIMINALITY CHECKS
For current holders of permanent residence certificate:
The EU’s position is that criminality checks cannot be conducted systematically, although the UK’s position is that systematic criminality checks on applicants is necessary to assess criminality/conduct criteria in application. UK intends to ask applicants to declare criminality, in which case it is likely that the measure will be reciprocated.
SOCIAL SECURITY
It has been agreed in the negotiations that EU and UK citizens having worked or resided in the EU27/UK in the past shall be covered by the Withdrawal Agreement, for the purposes of aggregation of periods of social security insurance, including rights flowing from such periods..
Contributions both before and after exit in the EU27 and the UK will be recognised for those covered by the Withdrawal Agreement.
PENSIONS
Agreed: Lifetime export of uprated pension.
PROFESSIONAL QUALIFICATIONS
It appears that EU and UK qualifications granted before the withdrawal date either in the UK or in any other EU 27 country should be recognised.
Under negotiation: Continued recognition of other professional qualifications, including of EU-wide licenses and certificates, which are recognised throughout the EU without a recognition decision under relevant EU law.
CUT OFF DATE (EXIT DAY)
EU law will apply until the date of the UK’s withdrawal (probably 29 March 2019) and as such all British citizens will be able to exercise their right to free movement and residence before the cut-off date. The exact cut-off date is not however clear.
Contact me
Over the next year I will address concerns regarding legal residence in Spain after Brexit through this website, so please let me know what you are worried about and I will try to incorporate the main issues affecting us.
PRIVACY POLICY
Your name and email address provided in the contact form may be stored in a file owned by Eoin McGirr, registered with the Spanish Data Protection Agency, in order to get in touch with you to answer your questions and send you information relating to your legal residence in Spain. All effort has been made to keep your data safe and your personal details will not be sold to third parties.
You may exercise your rights of access, rectification, cancellation and opposition to the treatment of your data by writing to Eoin McGirr. at Calle Diaz Munio 10, 6A. Castro Urdiales, Cantabria. 39700. Spain or by email to info@expatbrexit.es
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LEGAL NOTICE
In order to comply with the provisions of Spanish Act 34/2002 of 11 July, on Information Society Services and E-Commerce (LSSICE in Spanish), I indicate the general information of the owner of this website:
Eoin McGirr.
Tax Identification Code: X2809677C
Address: Calle Diaz Munio 10, 6A. Castro Urdiales, Cantabria. 39700. Spain
Email: info@expatbrexit.es
Registered with the Cantabria Bar Association under number 3908.
Expat Brexit reserves the right to amend these terms when considered appropriate and you undertake to review the content of this Legal Notice, because it may be amended without prior notice. The relationship between the you and Expat Brexit will be governed by Spanish Law, and any disputes relating to these terms and conditions will be subject to the jurisdiction of the courts of Cantabria, Spain.
DISCLAIMER
Due to the unpredictable nature of the Brexit negotiations you are advised to return to this page for important updates. Although care is taken to ensure that the information on my website is correct and up to date, I cannot accept responsibility for errors or omissions.
The information on the Website refers only to the laws of Spain. Specialist advice is recommended from qualified lawyers before taking any action. I exclude to the extent lawfully permitted all liability for loss or damage, whether direct, indirect or consequential as a result of your use ofthis Website.