Countdown to Brexit:
The European Commissions put out a press release on the 19th December
Brexit: European Commission implements “no-deal” Contingency Action Plan in specific sectors:
Amongst other points which the Contingency Action Plan covers, is the matter of citizens rights. It states:
”. . . Member States should take measures to ensure that UK citizens legally residing in the EU on the date of withdrawal will continue to be considered legal residents.
. . . As regards social security coordination, the Commission considers it necessary that Member States take all possible steps to ensure legal certainty and to protect the rights acquired by EU27 citizens and UK nationals who exercised their right to free movement before 30 March 2019.”
This is somewhat reassuring for the thousands of Brits who have made Spain and other EU countries their home. It clearly indicates intent to preserve the rights of UK citizens legally residing in the Spain / EU. The use of the word legally should be noted. The language is the same as that used in the brexit deal agreement, and there aren’t many ways to interpret this.
UK nationals must be legally residing in Spain before Brexit, to continue to be considered legal residents after the UK exits the EU.
Or to put it another way, a UK national in Spain, who hasn’t got a residency certificate (by 29th March), will legally be able to stay in the Spain for 90 days after (a no-deal) Brexit, and thereafter be deemed an illegal resident.
The plan provides further clarification:
”If the Withdrawal Agreement is not ratified, EU citizens residing in the United Kingdom would no longer be protected by the EU rules on free movement. UK nationals in the European Union would be subject, as of the withdrawal date, to the general rules that apply to third country nationals in the EU. This would have an impact on their right to stay and work where they currently live as well as on the social security protection they benefit from.”
The press release can be read here: http://europa.eu/rapid/press-release_IP-18-6851_en.htm
A residency certificate is a legal requirement for Brits who live in Spain. No deal Brexit is looking very likely, and is only a matter of weeks away. If you haven’t got residency time is running out. Appointments for residency in many places are now fully booked into February. Brits without a residency certificate, who want to continue living in Spain after Brexit therefore need to get one now.
If you need assistance Getting Your Spanish Residency
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