Boris Johnson and his Conservative Party swept to victory in a decisive election outcome, winning on the promise to ‘Get Brexit Done’. His withdrawal agreement wasvoted through, and albeit with a handful of challenges, the Bill was passed.
The agreement has now been signed by both sides, and will be passed by EU parliament. The deadlock surrounding Brexit, and a lot of uncertainty has now come to an end.
The UK will be leaving the EU on the 31st January, with ‘a deal’. Brexit is going to happen. But those who voted Conservative because they just want to ‘get Brexit done’, need to think again if they are feeling relieved and think that it’s now all done and dusted.
Leaving with a withdrawal agreement to make Brexit happen on 31st January, is only the start of ‘getting Brexit done’.
On it’s departure from the EU, the UK will go into the remainder of the transition period which runs until 31st December 2020. Boris Johnson seems to think this is enough time to complete all the negotiations necessary for a new relationship with the EU, including trade deals. However, considering how long it’s taken to simply reach a point of agreement on leaving, he also needs to think again.
Brexit is far from ‘done’. There is also still plenty of chance that the UK could end up falling off a cliff edge without a deal on the final future relationship between the UK and the EU at the end of 2020.
The EU has said they hope to start trade talks with the UK by March 2020. This gives a maximum of 10 months to strike a deal, and get it rubber stamped in both Westminster and Brussels with approval from all EU member states’ parliaments.
Trade agreements take years to complete, so it is wishful thinking to believe that the remaining transition period is sufficient time for all the EU / UK deals to be thrashed out and concluded.
The transition period can be extended by either one or two years. Any request for prolongation however, must be requested by the Prime Minister before the end of June 2020. Boris is adamant that he will not extend negotiations beyond his stated deadline, and if final agreement with the EU isn’t reached by the end of 2020, then the default relationship will be World Trade Organisation terms.
Where Does This Leave British Nationals in Spain?
Even if there is no deal on the future relationship, the withdrawal agreement remains in place and citizens’ rights are protected. Including for example, right to reside, reciprocal healthcare, uprating of state pensions.
The fact that the UK will be leaving with the withdrawal agreement is for the time being at least good news for British Nationals in Spain, and those planning to move here.
The Withdrawal Agreement states that during the transition period, both British and EU citizens keep the rights that they currently have, including the freedom to move to another EU country.
UK.Gov website states the following:
‘If the UK leaves the EU with a deal, any UK national arriving in Spain before the end of the implementation period will be able to register as resident in Spain under the current rules, and will have their right to residence in Spain protected for as long as they remain living there.’
So Brits planning to move to Spain, have 11 months to do so, with no changes to residency requirements. Similarly those already in Spain who haven’t managed to sort out all their documentation have until the end of the year to do so.
When the transition period ends, British Nationals who have already taken up residency in Spain, will keep their rights so long as they remain legally resident. Residency requirements for British Nationals coming to Spain after the transition period will be according to whatever has been negotiated and agreed.
After the transition period, all British Nationals living in Spain who already have a residency certificate, will have a grace period to apply to exchange it for a non-EU ID card known as a TIE, ‘tarjeta de identidad de extranjero‘. It is expected that the application requirements will be relaxed for existing residency certificate holders. However, those that don’t already have a certificate, may well have to follow the full application process and meet all non-EU applicant requirements.
Read more about residency and the TIE after Brexit.
What do British Nationals in Spain Need to Do?
British Nationals in Spain who have not got their residency certificate, should get it as soon as possible. In some parts of Spain, UK nationals have not been able to register as a residency as appointments have not been available.
If you’re affected by this, the advice on the Spanish Government’s Moncloa website, is to make sure you have proof you have been living here, e.g. padrón registration, rental or work contract. But, with the ratification of the withdrawal agreement bringing in the transition period to 31st December 2020, there is once again more time for those who haven’t to get their residency paperwork in order.
For British Nationals planning to move to Spain, 2020 is the year to do so. If a move to Spain is your aim, you should, if it’s possible, do it before the end of the year, because afterwards you’ll not have EU rights, and things will get more complicated. How much so we wait to see.