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In answer to a members question. This is information taken from the up to date proposals from the UK government and the EU negotiating teams. This is a paper describing where we are up to now and not the results of the negotiations which are ongoing.
The UK and EU teams have concluded the fifth round of negotiations and published a paper on October 13. There have been proposals on which both sides agree with. This will hopefully go forward and the only real change would be if the UK leave with no deal. If that were to happen then we are in the dark. We can look at some of the agreements that would affect UK nationals resident in Spain. Healthcare and pensions: The UK government has clearly said that it would honour healthcare for UK state pensioners and up rate pensions. (UK already has these agreements with many non EU countries). this written up in documents
for anyone interested enough to find and read. We should also consider that the agreements on healthcare (convenios) are not an EU ruling but a decision taken by the UK and Spanish government. The EU enters with its forms such as the S1 and in matters relating to social security.
Residency is the area where there has been no agreement from both sides. The EU team states that our present residency rights should be upheld, UK want EU citizens documented or not to apply for ‘settled status’ on the withdrawal date and that would be reciprocal, meaning we would have to do the same.
Those who are in the Spanish social security system. Remember that we will still live in a EU country so workers and those in the Spanish system (those who have Spanish pensions) will be afforded protection by the EU (this is written in EU Directives which were in existence before the referendum). The only problem one can foresee here is that we no longer meet the criteria under which we registered. As the EU and UK want to reach an agreement on citizens rights, we can presume that we will retain residency status.
Those who are changing their nationalities (not including Spanish) should take into consideration that if they took out residency with a British passport, their residency status may need to be updated or make a new application. There is nothing in the laws as regards to this matter for EU citizens. Nobody envisaged EU citizens losing that status to become third country nationals (non EU). It is clear in the non EU residency law (foreigners) that if their circumstances change, they should report this to the foreigners office at the Polica Nacional. That includes changes in marital status and nationality. CAB Suggests that anyone taking up a different nationality (excepting Spanish) should contact there policia national office for information.
Non EU spouses. Spain unlike the UK (complex) has taken up the articles from the EU directive allowing non EU spouses to apply for residency as the non EU partner of a EU resident.
Healthcare for those who were entitled to healthcare as pre April 2012. The Spanish law on this relates to all nationals and not only EU. This could also be a prop as those with this status belong in the Spanish social security system.
We should also consider that if we have a hard Brexit we lose our EU citizenship. We have passports, driving licences and residency certificates and all refer to the fact that we are EU citizens. There is no guessing that as non EU we could not retain these documents in their present state. Spain would undoubtedly no wish to have us registered in the central register for those from the European Union. We would expect changes here and that is where the possibility of systematic checking of right to residence would undoubtedly be carried out. (this is already happening when residents try to update their certificates and even when asking for the document stating (residente comunitaria con caractar permanent e en España desde xxxx). Resident of the EU community with permanent residency in spain since xxxx.
Those that suggest that UK nationals could be asked to leave are not basing this assumption on facts. Saying that, the UK has said that those who are residing in UK who do not continue to meet the criteria for settled status, will be asked to leave. Spain has already refused residency certificates to those who they believe no longer met the requisites to reside. This had nothing to do with Brexit.
To conclude. The argument that UK nationals lived in Spain before Spain joined the UK are not considering that Spain now adheres to the EU Directives. It is since Spain joined the EU that the regulations on residency changed, Spain now has different rules most advantageous for EU citizens. There are also laws for non EU to apply for residency in Spain
Below I have posted two links. The first will have the governments proposal. The UK government also wants to be able to provide their nationals with something similar to the EHIC (to be discussed).
https://www.citizensadvice.org.es/how-could-the-uk-government-proposals-on-residency-righs-affect-uk-nationals-post-brexit/
