Dual EU/UK Nationals Rights Under the Withdrawal Agreement

UK Nationals who resided lawfully in Spain before the end of the transition period and hold the nationality of a member state (dual nationality) who decide to retain residency status as an EU citizen, are still protected by the Withdrawal Agreement.

A couple of examples of the advantage for UK nationals who hold Irish nationality and decide to retain their residency under Irish nationality. Retain all rights of an EU citizen and those with permanent residency, should still be entitled to five years absence from Spain without losing residency status. These residents and spouses (including non EU partners, should not be subject to the 90 days in 180 day ruling.

The above does not relate to those UK/EU citizens who were not legally residing in Spain before December 31, 2020.

Taken from the European Commission Notice:

Dual EU/UK nationals, whether by birth or by naturalisation, are covered by the Agreement if, by the end of the transition period, they have exercised free movement residence rights in the host State of which they hold nationality. Dual EU/UK nationals, whether by birth or by naturalisation, are also covered by the Agreement if, by the end of the transition period, they have exercised free movement residence rights in a Member State other than that of which the person holds nationality (this is without prejudice to the rights they have as mobile EU citizens under Union law on free movement of EU citizens).

Withdrawal Agreement beneficiaries holding multiple statuses may choose which status to rely
on in a given context. For example, United Kingdom nationals married to an EU citizen may
rely on their status as Withdrawal Agreement beneficiary in the host State but on the status as
family member of a mobile EU citizen when travelling together with the EU citizen to another
EU Member State.

The possibility of holding multiple status also entails the holding of multiple residence
documents.

This means that the host State must, where the relevant conditions are fulfilled, recognise that
a Withdrawal Agreement beneficiary has multiple statuses. It also means that Withdrawal
Agreement beneficiaries should be able to hold separate documents reflecting their individual
immigration statuses.

Dual EU/UK nationals who acquired nationality of the host State.

Note* CAB Spain. Spain does not recognise dual nationality between those with Spanish nationality and nationals of European countries.

Please note: The information provided is based upon our understanding of current legislation. It is not legal advice but is provided freely to enable you to be properly informed. We recommend that if you are considering taking action, you should seek professional advice.