BREXIT: What are the residence different situations of Uk nationals in Spain?
EU free movement or persons basically means EU citizens can run freely between Member States for any reason and may reside in any Member State. UK-EU Withdrawal agreement entered into force on 1 February 2020. What is the situation then for UK citizens having a residence in Spain or that want to come here? Instruction on section 18.4 of UK-EU Withdrawal agreement has been issued by Spanish authorities to clarify the situation.
In #Certus we consider it is worth highlighting the importance of the transitional period set – until 31 December 2020 Uk nationals are able to enjoy their rights of free movement in Spain. Arriving later to Spain they “shall be considered as nationals of third countries.”
Therefore two main different legal regimes for Uk nationals may be applied:
- nationals of the United Kingdom, members of their families and any other persons included in the scope of application of the withdrawal Agreement, which shall be subject to the same rules tha UE citizens (Royal Decree 240/2007 on entry, movement and residence in Spain of citizens from EU and and other States of the Agreement on the European Economic area;
- United Kingdom’s national non-beneficiaries of the withdrawal Agreement, to which shall be applied to the so-called general regime for aliens in Spain
According to the mentioned instruction UK nationals, members of their families, and any other persons already resident in Spain before 31 december 2020 will not have the obligation to apply for a new resident status or submit a new process of documentation, but shall have the right to receive a residence document that expressly obtain the condition of beneficiary of the withdrawal Agreement.
The instruction describes the process for its implementation with some peculiarities. Please do not hesitate to contact #Certus should you need further or additional information.