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All U.K. Nationals in Spain Residency Rights Post Brexit

We have already seen the second round of negotiations take place between the UK and the EU Brexit negotiation teams. The EU continue to push for citizens rights as preliminary to all other agreements. To put the EU team´s request into simple terms, they ask only that the EU citizens who are now living in the UK and the UK nationals resident in the other 27 states retain the citizens rights they have today. The U.K. recommendations would remove the most important of these rights. The UK team insists that EU nationals living in the UK with permanent or temporary residence will have to apply for settled status after the exit date. Proving that they are residents in the UK they would then apply to the home office for “settled status”. In Spain for example, we are automatically granted permanent residence after either five years of legal residence, or for some of those employed or self-employed in Spain after three years. Included are the rights such as for those married to a Spaniard or who have suffered disability due to work accidents and other exceptions, the full information can be found on our website.

The need for EU citizens in the UK to apply for settled status will be reciprocated in Spain affecting your acquired rights. You may already have permanent residence or making up the years to attain your permanent status. It must be clear to all that the agreements made between the UK and the EU will be reciprocal, in that the actions citizens in the UK will have to take, will be reciprocated here. Resulting in that all UK nationals with permanent or temporary residency status, will also have to reapply for settled status or as known here, ‘permanent status’. The application must be made within two years after the exit date of March 2019. Those who do not comply can be asked to leave. With reciprocity it would appear that the resident certificates issued at the central office for citizens from the EU community will only serve to prove the length of time that you have resided here. The application for settled status (permanent residence) in the UK requires citizens to fill out an application form of 85 pages. Presently UK citizens making their applications in Spain, fill out the EX18 a one sided A4 Application form.

We do not need changes made to a system that generally works well for us. We all know of the occasional difficulties faced by some residents in who have either updated an address, a change in circumstances, renewed an illegible certificate or made an application for a certificate which states “permanent residence”, have found that they have been asked to make a new application providing all the documentation as they did when first applying. This should not be the case. The civil servants at the foreigners offices should only ask for this information if they feel that that the applicant no longer meets the criteria for residency and may become a burden on the State. At present the only requirement for updating certificates should be to tick the relevant boxes on the EX18 application. Post Brexit with status changes Will ensure that the process becomes more difficult for the relevant offices and in turn for us the citizens. The 2004 EU Directive on freedom of movement has given us a simple procedure for all EU citizens and their families to apply for residency in any of the EU 28 countries.

With the requirements for the EU citizens in the UK to complete the 35 page application in the UK for settled status will Spain reciprocate? We can expect that to be the case. Providing the same information requested on the U.K. form to apply for residency status could prove difficult for residents in Spain. This would also give the Spanish authorities the right to deny continued residency status to those they consider no longer meet the criteria. Those who do not re-apply for their residency status within two years from the exit date can be asked to leave. We are not referring to new applicants post Brexit but that this new application process will be put in place, for all UK nationals who presently hold legal residency status in Spain as due to the UK’s recommendations that residency requirements should be reciprocal. This could adversely affect many who reside in Spain and whose circumstances may have changed. Some affected could be those families where the parents who are residents, had not made applications for the children’s residency. Some of these families whose circumstances have changed, have already been refused resident status for the children.

What can we do? I believe our only option is to make sure our voices are heard. I believe that we have not had the opportunity to put forward our opinions and concerns about our post Brexit residency status.

I have sent an email from the citizens Advice Spain to our ambassador in Spain asking for a meeting to discuss both Brexit and other matters of concern to us. I have not received a response. Though various consuls have held meetings with various remain or exit groups, we have not been invited. The majority of our members will be aware that the small team from the Citizens Advice Spain, work daily with the Spanish Royal Decrees and European Directives. I suggest that if anyone has the finger on the pulse on how residency, healthcare, pensions and all the other aspects of UK nationals living in Spain it is us.

As I said above, most have had no communication with either the UK government or with our embassy in Spain, I do though have contact with the Brexit negotiating team in Brussels. It seems odd that though CAB Spain is looking for support in relation to the status of U.K. residents in Spain, the only communication to date has been with the EU Brexit negotiating team who have responded to all my emails.

What can we do? I believe the only thing open to us at the moment is a voice. There should be an option for all nationals residing in Spain, for those who are pro or anti-Brexit, who will all be affected by the proposed changes in residency status. We all have an interest in our future post Brexit. It should not be the case but, from the proposals put forward by the U.K. team, it does appear that they do not understand our present rights regarding our residence in Spain. If they did surely they would not be proposing the loss of these rights! We should not forget that the agreements that will be made in the forthcoming months will most certainly affect all of those residing in Spain. I suggest that we are also looking for the rights of EU citizens living in the UK as the decisions made for them will affect all UK nationals living in the EU. as For all the reasons stated I think that we should be heard.

As U.K. nationals who used their treaty rights to reside in any EU country, wish to retain their acquired right of residency.

For all our members and friends who are in agreement with the above and are willing to put their name to a letter, please provide us with your full names at: 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.

How Can Citizens Advice Bureau Spain Benefit You?

As an expatriate living in Spain; do you find that the Spanish bureaucratic system can be disconcerting? Have you discovered that the simplest of transactions are difficult to conclude? Find yourself searching for answers to problems only to discover that there is nowhere where you could find a solution? I am assuming that the answer is yes and that is why should be a member of our web site if you arent already.

Comments

2 Comments

  • #1. Traineewrinkly said on Sunday, September 3, 2017 at 23:52:25 CEST
    x

    Thank you for this article update.
    As residents since 2010 my husband and I are concerned about how our rights will be affected after Brexit.
    I have sent the email via your link with our full names in support.
    I have one niggle about the word “reciprocal ” with regard to citizens rights which is that I understand the definition of the word. What I understand about “reciprocal agreements” is that the rights agreed must be at least equivalent on one side as the rights agreed on the other.
    If this is the case it will not necessarily mean that the Spanish gov’t will “downgrade” the rights that we, as Expats, enjoy currently in Spain. Thank you for adding your names to our letter.
    I am not so naive as to think the Spanish will do whatever it takes to keep us in Spain but I also think they would prefer to accommodate us in the hope that we do not leave.
    I live in hope!

  • #2. Myra Cecilia Azzopardi (Official CAB Advisor) said on Monday, September 4, 2017 at 01:35:17 CEST
    x

    To understand fully suggest you need to read the UK governments proposal. They make it quite clear that the suggestions they put forward are in regards to EU citizens residing in the UK and UK nationals residing in the EU. That means the agreement is reciprocated. At present this is not about the Spanish government making any decisions at present. Then negotiations are linked with the other 26 EU states. So we can say that the Spanish government does not want to change the status quo. Should the EU except the UK government’s proposals on citizens rights which I doubt then we cannot expect a Spaniard in the UK who already holds permanent status to have to reapply by the home-office, and that we retain are required rights with no changes.

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