Non-EU nationals who have lived in an EU country, such as Spain, for at least five years under a legal residency permit can qualify for EU long-term resident status (larga duración – UE). This status grants them the right to move to another EU Member State under certain conditions, such as proving stable income and having health insurance. Essentially, EU long-term resident status allows for conditional mobility within the EU, providing more flexibility than standard national residence permits.
The UK–EU Withdrawal Agreement protects the residence rights of UK nationals who were living lawfully in an EU country before 31 December 2020. Under the Agreement, they can continue to live, work, study, and after five years of continuous legal residence, acquire permanent residence in that country under WA rules. However, this protection applies only in the host country where the person was resident before the end of the Brexit transition period. Permanent residence granted under the Withdrawal Agreement does not grant rights to live or work in a different EU Member State. A UK national with WA permanent residence in, for example, Spain, would need to meet the ordinary immigration requirements of another Member State, such as Germany, to move there.
UK nationals who arrived in Spain after Brexit and are not covered by the Withdrawal Agreement may still have options. Those who have obtained residence under non-EU immigration routes, for example non-lucrative or work permits, and later qualify for EU long-term resident status may apply to move to another EU Member State, subject to conditions set by that country.
At present, there is no evidence that a Withdrawal Agreement beneficiary has successfully transferred their WA rights to acquire permanent residence in another EU Member State. UK nationals who wish to move from their WA host country to another EU Member State must do so through separate immigration routes, such as long-term residence, national permits, or family migration.
It is sometimes feared that these rights could be lost or “disenfranchised.” This is not the case. WA-protected residents are not being disenfranchised; their rights in the host country are legally preserved under the Withdrawal Agreement.
This is a common area of confusion. The belief that Withdrawal Agreement beneficiaries can freely move from one EU country to another, for example from Spain to Germany, is incorrect. WA status does not restore EU free movement. A WA beneficiary in Spain cannot move to Germany, France, or any other EU Member State and live or work there as an EU citizen. WA rights cannot be transferred to another Member State, and once a UK national leaves their WA host country.
Note.
WA beneficiaries who hold dual nationality UK and non EU nationality would have the right to long term residence as well as permanent residence therefore could make an application to move to another member state as a resident of larga duracion in Spain.
UNITED KINGDOM NATIONALS AND MULTIPLE IMMIGRATION STATUSES
United Kingdom nationals who are beneficiaries of the Withdrawal Agreement may hold multiple immigration statuses. The same applies to their family members who are Withdrawal Agreement beneficiaries. The Withdrawal Agreement does not prevent them from enjoying other statuses under EU law or national law, provided they meet the conditions attached to these statuses. For example, Withdrawal Agreement beneficiaries may also:
• become nationals of the host State and still confer Withdrawal Agreement rights on their family members; • be family members of EU citizens residing in the Member State of their nationality and have residence status under domestic immigration law;
• be family members of mobile EU citizens and have residence status under the EU Free Movement Directive; or
• have long-term resident status in the host State under the Long–term Residence Directive. 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.
A UK national with dual nationality and only a WA TIE can apply for long-term EU residence in Spain after 5 years of continuous residence under WA protection.
The WA period counts toward the 5 years.
The long-term card is a separate status, giving wider EU rights and a new residence document.
