Contigency Plan for No-Deal Brexit - What will happen to UK Expats in Spain?

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Contigency Plan for No-Deal Brexit - What will happen to UK Expats in Spain?

How will the Spanish government respond to a No-Deal Brexit scenario?


On the 2nd of March 2019, the Spanish Government published a Royal Decree on the state's Official Bulletin (BOE) detailing a contigency plan for a No-Deal Brexit. This 31 page decree details several key issues such as trade and international relations but in this article were going to discuss how the Decree will directly affect the lives of Expat. With a No-Deal Brexit looking more and more likely every day we can at least take some consolation in the fact that the Spanish State will secure some of our rights for a short grace period.

Driver's License

When you become a Spanish resident you are obligated to change your UK license for a Spanish one. As a European citizen, you can do this without taking another exam.

Fortunately, there will be a 9 months grace period. Non-residents can continue to drive in Spain with their UK license during that time, for those that are resident, they will have the opportunity to exchange/renew their licenses for a Spanish permit, provided the current EU info exchange system with regards to driving license entitlements will be maintained during that period. After 9 months, the rules for non EU citizens will apply.

Residency

The main difference between EU and non EU residents is that EU citizens have freedom of movement and that entails being allowed to settle in any of the EU member states.  Non EU citizens who wish to reside in Spain,  need to ask for residency authorisation first, through the Spanish consulate in their homeland.
In the case of British citizens already residing here before the Brexit deadline, there will be other procedures to obtain a TIE certificate and prior authorisation to reside here.

With regards to arranging for new residency documentation as non EU residents in Spain, there will be a grace period of 21 months.
All those who have registered as EU residents before the Brexit deadline, plus those that are residing here but have not applied for residency as yet, will be considered legal residents. The EU resident certificates will remain valid proof of legal residency during this grace period whilst they haven’t been replaced by the new non EU residency document and provided they have not expired (non EU family members of EU residents), all will need to obtain a new residency card to document their status as non EU residents (TIE – Tarjeta de Identidad de Extranjero) before the end of the grace period.

These grace periods will begin on the day that the UK leaves the EU without an agreement in place.

-Greg P. A. Bryan 


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