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The UK’s Exit from the EU: Important information for UK Nationals

CAB Spain have avoided posting the numerous Uk governments notifications of their expectations for UK Nationals in the EU in the case of a no deal Brexit. Due to the change in the UK governments terminology in these papers. (the UK government having now dropped any allusions to the usual statement suggesting that “though they have expectations of reaching an agreement) and in addition that there are only eighty four days remaining until the withdrawal date of March 29, that we
feel it is our obligation to provide this information to members who may wish to make plans or put their papers in order.

This should not be considered as scaremongering when things like, residency, travelling, passports, employment and much more needs to be taken into account.

Below are the main extracts from todays message to UK Nationals in the EU:
The UK government states: “Below we have provided information across a number of areas in the event of a no deal EU exit”.

Living in an EU country after the UK leaves the EU.
Continuing to live in an EU country after the UK has left the EU depends on the EU and its Member States, and whether they reciprocate our offer in this policy paper on Citizens’ rights in the event of a no deal Brexit. Our offer guarantees the right of EU citizens in the UK to continue their lives broadly as now. A number of Member States have already given political assurances to UK Nationals about their residency rights. The European Commission has also published a No Deal Contingency Action Plan which calls upon EU Member States to take a generous approach to UK nationals who are already resident in their territory. This includes a call for Member States to take measures so that all UK nationals legally residing in a Member States on 29 March 2019 will continue to be considered as legal residents of that Member State without interruption. We will continue to work with the EU and all of the Member States to make sure UK nationals are given firm reassurances as soon as possible.

Applying for permanent residency in an EU country.
We can’t confirm that registering as a permanent resident will protect your status and rights in the country you are living in: this will depend on the approach that the EU and each EU Member State takes. You should keep in touch with your local authorities and be ready to cooperate with them once they confirm any action UK nationals may be required to take.

Third country family members joining you in an EU country.
EU Member States determine their own immigration policies. You should consult your host country’s immigration authorities. We have set out our position on family reunion and we will be asking the EU and its Member States to do the same as soon as possible.

Staying in an EU country with an EU spouse.
EU citizens with non-EU spouses, long-term partners or other family members are usually entitled to register them in their EU country of nationality. The right to register non-EU family members should include registering UK nationals as family members once they are no longer EU citizens. For further details see the EU’s guidance on registering EU family members in another EU country.

Working in an EU country without a visa and residency status.
If you are working in the EU as an employed or self-employed person and you have a UK-issued A1/E101 form, you will remain subject to UK legislation for the duration of the period shown on the form. However, after 29 March 2019 the form may no longer be recognised by the EU country/or countries you work in. You should contact the relevant EU country’s authority to see if you need to start paying any social security charges. We are in contact with Member States on changes for UK nationals in a no deal and will provide updates as and when information becomes available.

Entering and working in the UK.
The right of UK nationals to enter and return to work in the UK is not affected by the UK’s exit from the EU. You will be able to continue working in the UK after our exit.

Travel around the EU with a British passport.
The rules for travel to most countries in Europe will change if the UK leaves the EU with no deal. After 29 March 2019:

You should have at least 6 months left on your passport from your date of arrival. This applies to adult and child passports.
If you renewed a 10 year adult passport before it expired, extra months may have been added to your new passport’s expiry date, making it valid for more than 10 years. Any extra months on your passport over 10 years may not count towards the 6 months that should be remaining for travel to most countries in Europe.
The new rules will apply to passports issued by the UK, Gibraltar, Guernsey, the Isle of Man and Jersey.

Travelling with pets to and from the UK.
UK nationals will still be able to bring pets to and from the UK after the UK leaves the EU. Information on how to bring your pet to the UK can be found on Pet Travel to Europe after Brexit. You should contact your vet at least 4 months before you plan on travelling to any EU country with your pet. More information on the documents that would be required to enter or re-enter the UK will be made available for pet owners on GOV.UK. For more information on travel back to the EU visit Taking your pet abroad if there’s no Brexit deal.

For any problems, Here is a hotline.

UK state pension and benefits.
The UK Government will continue to pay state pension, child benefits, and disability benefits to eligible UK nationals in the EU. Find guidance on benefits and pensions in a no deal scenario.(Q&A below this section).

Personal pensions and annuities.
If you live in the EU or European Economic Area (EEA) and have a personal pension or annuity with a UK-based provider, your provider should have made plans to make sure you can still get payments from your personal pension or annuity, even if the UK leaves the EU without a deal. If your provider needs to make any changes to your personal pension or annuity, or the way it provides it, they should contact you. If you have any concerns about whether you might be affected, you should contact your provider. If you are unsure whether you have an occupation pension or personal pension, you should contact your provider to check.

Occupational pensions.
There is nothing in UK pensions legislation which prevents occupational pension schemes from making pension payments overseas. We do not expect that this will change as a result of the UK’s exit from the EU. If your pension is paid into a UK bank account, your bank should contact you if they expect any changes as a result of the UK’s exit from the EU. If you are unsure whether you have an occupation pension or personal pension, you should contact your provider to check.

I am a UK national living in the EU. Will I still get my State Pension?
Yes.

Will UK nationals continue to get their State Pension uprated under no deal?
The UK leaving the EU will not affect entitlement to continue receiving the UK State Pension if you live in the EU, and we are committed to uprate across the EU in 2019 to 2020. We would wish to continue uprating pensions beyond that but would take decisions in light of whether, as we would hope and expect, reciprocal arrangements with the EU are in place.

Will UK nationals continue to get their benefits transferred to EU countries including child benefit and disability benefit?
Yes.

Will I still be eligible for my in-country benefits paid by the host country?
In the event the UK leaves the EU without a deal, the UK will call on the EU and its member countries to continue their commitments to EU citizens and protect the rights of UK nationals living in EU countries.

We want UK nationals to be able to stay in the EU countries that they live in when the UK leaves the EU, and for their rights to employment, healthcare, education, benefits and services to be protected.

I live in the EEA, and have an annuity or personal pension from a UK-based firm. Will I still be able to get payments from my annuity or personal pension?
If you live in the EEA and have an annuity or personal pension with a UK-based firm, your firm should have made plans to make sure you can still get payments from your annuity or personal pension, even if the UK leaves the EU without a deal.

If your firm needs to make any changes to your annuity or personal pension or the way it provides it, your firm should contact you.

If you have any concerns about whether you might be affected you should contact your firm.

I am UK citizen living in the EU, will I still be able to receive my UK private occupational pension?
There is nothing in UK private occupational pensions legislation that prevents occupational pension schemes from making pension payments overseas. We do not expect that this will change as a result of the UK withdrawing from the EU.

Banking, insurance and other financial services.
Many UK providers are planning to continue providing services to EU and EEA residents. If your provider needs to make any changes to your product or the way it provides it, they should contact you in a timely manner. If you have any concerns about whether you might be affected, you should contact your provider.

Inheritance tax and wills.
Any valid will made under UK law before the UK’s exit from the EU, including wills that apply to property situated in the EU, will remain valid under UK law. However the effect of the will in relation to property abroad continues to be subject to the law of the country in which the property is situated.

The UK’s exit from the EU will not change any existing UK rules for inheritance tax. Inheritance tax is levied on transfers of worldwide assets by individuals domiciled in the UK, and transfers of UK assets by non-domiciled individuals.

Motor insurance validity.

If you are driving a UK-registered and insured vehicle, all UK motor insurance providers will continue to provide third party motor insurance cover for travel to EU or EEA countries. You will not need to purchase additional third party motor insurance policy cover if driving in these countries with a UK-registered vehicle.

From 29 March 2019, if there is no deal with the EU, the UK will not be part of the Green Card-free circulation area. Drivers of UK registered vehicles will need to carry a Green Card when driving in the EU, EEA and all other countries that recognise Green Cards. If you are driving a vehicle that is registered and insured in your host country, you will not be affected. You can find more information on vehicle insurance.

Owning or renting property in the EU.
Some EU countries have laws which govern property ownership and differentiate between their own citizens, EU citizens and non-EU citizens. You should check with local authorities about how these might apply to you.

Voting in local elections in EU countries.
The UK is seeking bilateral arrangements with individual Member States to preserve reciprocal voting rights for both UK nationals living in the EU and EU citizens in the UK.

Paying for healthcare in EU countries.
UK nationals living in, working in, or visiting the EU may find that their access to healthcare in EU Member States will change after 29 March 2019. This will depend on decisions by each country. However, the UK is seeking bilateral agreements to maintain healthcare rights as a top priority.

For people visiting the EU, we recommend buying travel insurance to ensure you can travel safely. You should make sure you understand the terms and conditions of your travel insurance policy, and that the policy is sufficient to cover possible disruption. The FCO has guidance on what your travel insurance policy should cover.

If you already have travel insurance to cover your trip, your insurer should let you know if there will be any changes to the way your policy is serviced that will affect you after the UK leaves the EU. If you have questions about what your travel insurance policy covers, or whether the policy is sufficient to cover possible disruption, you may wish to contact your insurer.

For those interested in reading about the logical concerns of CAB for UK citizens in Spain residency rights even with an agreement, can find the relevant posts on the link below:

Brexit

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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