March 29th 2019
On the day that Great Britain was initially meant to leave the EU, the UK Government for the third time rejects the negotiated Brexit deal, leading to a very probable scenario of UK leaving European Union on April 12th 2019 with NO DEAL in place
Below is a short summary of more detailed guidelines and instructions issued by the Spanish Government for the case of NO DEAL exit scenario
Residency:
Although on the date of the exit the UK citizens become “third country nationals”, the Spanish Government has announced a “transition period” of 21 months, during which all UK citizens and their family members legally residing in Spain can obtain the new document - Foreigner Card (Tarjeta de Identidad Extranjera – TIE), accrediting their continuous legal residence in Spain. The possession of Certificado de Registro cards (green cards) and Family members cards will entitle to the change to the TIE cards, to obtain which one needs to request an appointment in the relevant Police office.
Those who do not possess the green residence cards, would still be considered as legal residents in case they can prove they have been residing in Spain before the date of the exit (by presenting documents confirming it) and would be able to obtain the TIE in the transition period of 21 months through a different procedure: first by requesting authorisation from the Foreign office and once granted – by applying for TIE in the relevant Police office. The documents requirements would be in line with those valid for the EU citizens
Those who have been residing in Spain for the period longer than 5 years and have a permanent status reflected on their certificates, would be able to exchange those to the TIE in the relevant police office.
Those who have been residing for more than 5 years but do not possess a permanent residence or no residence at all, would have to first apply for authorisation in the Foreign office and once granted – for TIE in the relevant Police office.
To be able to travel within the Schengen zone one would need to have a valid UK passport and a valid document accrediting legal residence in Spain
The family members possessing the Family Cards of the EU citizens will have to exchange to the TIE cards in the relevant Police office. Those who do not possess Family Cards would first have to apply through a special procedure in the Foreign office and later - in the Police office.
Those arriving to Spain after the exit date will be considered as third country nationals and will have to apply for their visas/residencies following the general procedures applicable to third country nationals.
Public healthcare:
Spain will continue providing healthcare to UK residents in Spain until end of 2020 under the same conditions as before subject to UK reciprocally introduces (within 2 months period) the same conditions towards Spanish citizens - residents in the UK, and guarantees repayment of costs for medical care provided by Spain on the same terms as present.
British nationals who are legal residents working in Spain and their families will keep their guaranteed healthcare rights in Spain
British tourists will continue receiving healthcare during their temporary stays in Spain provided the British authorities will grant reciprocal treatment to Spanish tourists in the UK
Driving licenses:
Valid and current UK driving licenses will be recognised in Spain for the period of 9 months. After this period general rules will apply under which UK international licenses will entitle their holders to drive for the period of 6 months after their entry to Spain or after receiving legal residency.
UK nationals who plan to continue residing in Spain after the UK exit date should exchange their UK licenses before the exit date.
For more details and further regulations affecting UK citizens residing in Spain after the UK exit date please refer to the official Spanish Government site http://www.lamoncloa.gob.es/brexit/preparacion2/Paginas/111218_espanolesru.aspx
March 1st 2019
Important updates from the Spanish Government in preparation for No Deal Brexit, directed to handle the rights and situation of UK citizens in Spain and to facilitate an easier transition period in consideration of the United Kingdom becoming a third state.
IMPORTANT: below measures will be temporary (until the end of the agreed period and until new agreements achieved) and ONLY VALID in case reciprocally introduced by the UK Government towards Spanish citizens in the UK. Few important areas:
Residency: Legal residents will have to obtain a new residency document, Foreign Identity Card (Tarjeta de Identidad de Extranjera), which must be done before 31.12.2020. For permanent residents the process will be almost automatic. In other cases, a temporary residence will be granted in accordance with the general legislation.
Legal residents are considered those UK nationals who obtained their residency certificates prior to the exit dates. For those who could not obtain legal status before the exit date, the legal residency will maintain until their situation resolved.
Driving licenses: UK driving permits will be legally recognised in Spain during the transition period of 9 months (until end of 2019), during which those should be exchanged to Spanish driving licenses.
Public healthcare: UK nationals (workers, pensioners, tourists and students) will continue receiving public healthcare in Spain on the same conditions as before, provided British government will apply the same conditions to the Spanish nationals in the UK, during a specific period, unless separate bilateral agreement will be signed beforehand.
For more details and further regulations refer to the official Spanish Government site http://www.lamoncloa.gob.es/Paginas/index.aspx
All above regulations are not final and will depend on the actual outcome and conditions of Brexit. We at Malaga Expat Consulting will continue following up, so please contact us for any further updates and for assistance with updating all your documents to the required legal format.