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Countdown to Brexit:

Teresa May’s Bill for the so called ‘Brexit Deal’ was approved in November last year.  It has since been knocked back in Parliament twice.

The somewhat derided ‘Brexit Deal’, defines the proposed terms for the separation agreed by UK and the EU. The deal, also approved by the EU, is, some might argue, the UK’s only chance of an orderly exit from the EU.  So just what is the so called ‘Brexit Deal’?

Here are some key points relevant to Brits in Spain.

Brexit Deal Transition Period

The draft deal allows for indefinite extension of the so called ‘transition period’.  This is to allow for a solution to be worked out for Ireland / Northern Ireland.  The phrase ‘how long is a piece of string?’ springs to mind.

This is a perhaps a good thing for Brits in Spain and other EU countries, as during the ‘transition period’ nothing changes.  This mean that during a ‘transision period’ UK nationals in Spain and the rest of the EU, can continue to enjoy their EU citizen status.

Brexit Deal and Movement Within the EU

Whilst the ‘deal’ covers the rights of UK citizens in the EU, e.g. Brits in Spain, and defines terms for right to continue reside and working etc, there is NO agreement on freedom of movement within the EU.

The ‘Brexit Deal’ explainer issued by the Government simply states:

As part of the future relationship with the EU, the UK will also seek to secure onward 9 movement opportunities for UK nationals in the EU who are covered by the citizens’ rights agreement. Some of these UK nationals have chosen to make their lives in the EU, and this should be respected in the opportunities available to them if they decide to change their Member State of residence.

Brexit Deal and UK Citizens Rights in the EU

According to the explainer, the deal on citizens’ rights, protects the rights of EU citizens in the UK and UK nationals in the EU, ensuring they can continue contributing to their communities and live their lives broadly as now.

It goes on to further detail qualification for those rights.  Where the right to reside, or continue residing is concerned, it states:

UK nationals who have been living in a Member State of the EU continuously and lawfully for five years at the end of the implementation period will have the right to reside permanently in that Member State. Equally, EU citizens who have been living in the UK continuously and lawfully for five years at the end of the implementation period will have the right to reside permanently in the UK. 

Those who have not yet resided continuously and lawfully for five years in their host state by the end of the implementation period will also be able to stay until they have reached the five year threshold, at which point they will have the right to reside permanently. The Withdrawal Agreement enables the host state to restrict these rights if the individual is a serious or persistent criminal, or if they seek to abuse or defraud the system.

We note the word ‘lawfully’ used in relation to previous and ongoing residence, which is the qualifier for continued right of residence.  Also ‘abuse or defraud the system’.

If this agreement does come into play, many thousands of Brits living in Spain, ‘off the radar’ as they say, unregistered, not paying tax etc, have some urgent decision making to do.

The Brexit ‘flextension’ at least gives Brits living in Spain and the EU, who haven’t yet done so, a bit more time to plan and get their ducks in a row.

The full explainer issued by the Government can be found here

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