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Post Brexit “Will We Still Meet the Requirement Under Which Residence Was Conceded?”

Posted in: Brexit, News Articles,
Author: Myra Cecilia Azzopardi
Tags: , , ,

Now that the UK government has triggered article 50, there are some questions relating to UK citizens resident in other EU countries. The mantra of “we do not know, let us wait and see” does not suffice for us at CAB Spain. There has to be preparations on what is of the utmost importance to all of us who are residing in Spain, our residency status. Our right to continual residency must be considered and discussed, this right to reside is fundamental to most other entitlements such as healthcare.

The right to move and reside in any of the 28 European countries is enshrined in the EU directive on the right of freedom of movement. The directive makes it clear that EU citizens can cross any EU border without the need for visa’s or to notify the country that you are taking up your right to remain for 90 days unless the particular country asks you to. Spain does not ask EU citizens to communicate this stay. Once decided to spend more than 90 days and remain as a habitual resident, we must apply for a “Certificado de Registro de Ciudadano de la Unión” (Certificate of Registration of Citizen of the Union) which will be obtained by inscription in the “Registro Central de Extranjeros Residencia ciudadano de la UE” (Central Registry of Foreign Residents of the EU). Regardless of resident status post Brexit, I cannot see how we can remain on the above register or hold certificates that state that we are residents as members of the union.

The above should make it quite clear and without question that residency by the 300,000 British residents in Spain was obtained by the laws providing rights to European citizens to circulate and reside in any EU country. There are various requirement to maintain the right of residence. The article below translated from the Spanish from the royal decree on the right to continual residency should be taken into account.

Article “In any case, the validity of the registration certificates and residence cards contemplated in the present royal decree, and the replacement of these by a document certifying the permanent residence or a permanent residence card, respectively, will be conditioned to the fact that its holder continues to be in one of the cases that gave entitlement to its obtention. *The interested parties must communicate any changes in circumstances related to their nationality, civil status or domicile to the Foreign Office of the province where they reside or, failing that, to the corresponding Police Station”. There is no mention in the decree that there is an exception for EU citizens who no longer hold the status. One presumes because no EU country has left the union. We have to pose the question that on the exit of the EU by the UK, “Will we still meet the requirements under which residence was conceded?”

Note* It is also imperative that those who are considering taking up the nationality of another member state (Eire for example) state to retain the right the status of EU citizenship read the above paragraph.

Should members wish to fund meetings or talks given by a CAB senior adviser on this subject email: info@citizensadvice.org.es

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.

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