Spain is preparing itself for a no-deal brexit

Spain has approved the Royal Decree-Law 5/2019, of 1 March, which provides a list of contingency measures in the event of the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union without the agreement provided for in Article 50 being reached. of the Treaty on European Union.

The contingency measures adopted at all levels, in line with the guidelines contained in the communications with the European Commission, are temporary, aimed at facilitating the transition to the new situation derived from the consideration of the United Kingdom as a third state. In this way, its validity will cease when the term that in each case is indicated expires, or before, if adopted, internally or internationally, the instruments called to regulate, on a permanent basis, the relations with the United Kingdom in the matters contemplated in this standard.

Citizenship

Residency in Spain before the withdrawal date may be accredited, in the case of nationals of the United Kingdom:

a) By verifying that it has the registration certificate provided for in article 7.5 of Royal Decree 240/2007, of February 16, obtained prior to the date of withdrawal.

b) By any other means of proof admitted by law, in the event that it has not obtained such certificate of registration before the date of withdrawal, in these cases having to carry out an individualized analysis of its situation in accordance with the procedure of Article 4 of the present royal decree-law.

Residence in Spain before the withdrawal date will be accredited, in the case of third-country nationals who meet the status of relatives of a UK national resident in Spain:

a) By verifying that he has the family card of a citizen of the Union referred to in article 8 of Royal Decree 240/2007, of February 16, obtained prior to the date of withdrawal.

b) By any other means of proof admitted by law, in the event that he has not obtained such family card from a citizen of the Union before the date of withdrawal, in these cases an individualized analysis of his situation must be carried out in accordance with the procedure of article 4 of this royal decree-law.

Access to long-term residence:

Nationals of the United Kingdom residing in Spain before the date of withdrawal and members of their family may obtain a long-term residence permit when they have resided legally and continuously in Spanish territory for at least five years.

However, in the case of nationals of the United Kingdom who have obtained, before the date of withdrawal, a certificate of permanent registration, as well as members of the family of a national of the Kingdom Kingdom, must personally apply for the long-term resident alien’s identity card, which is issued and delivered to the General Directorate of the Police, in the places that are enabled for this purpose. At the time of your request you must provide the following documentation:

a) Full valid passport.

b) Proof of payment of the corresponding fee.

c) A photograph, in accordance with the requirements established in the regulations on national identity document.

In these cases, compliance with the requirement of legal and continued residence of at least five years will be presumed.

Frontier workers

Nationals of the United Kingdom, resident outside of Spain, who, on the date of withdrawal, had the status of frontier workers in Spain, either on their own account or on their own account, must request the corresponding documentation attesting to that condition, from conformity with the procedures set forth in the instructions approved by the Council of Ministers under the first additional provision, fourth section, of the Regulation of the Organic Law 4/2000, of January 11.

The request and processing of your documentation as a border worker will not be an obstacle to the development of your activities in Spain.

The maintenance of what is established in the previous section will be conditional upon the granting by the competent British authorities of a reciprocal treatment to Spanish citizens, in accordance with the provisions of article 2.1.

Labor Relations

Continuity in the application of the applicable regulations is guaranteed in the cases of the displacement of workers to United Kingdom nationals working in Spain, as well as the maintenance of European works councils.

Transitory regime applicable in relation to workers temporarily displaced in the framework of the provision of services.

Companies established in Spain that, at the date of withdrawal, have workers temporarily posted to the United Kingdom in accordance with Directive 96/71 / EC, of ​​the European Parliament and of the Council, of 16 December, on the posting of workers carried out in In the framework of the provision of services, they should continue to apply the United Kingdom legislation for the transposition of Directive 96/71 / EC during the period of their posting.

This provision is only applicable if the competent British authorities recognize reciprocal treatment for workers who are temporarily displaced to Spain by companies established in the United Kingdom in accordance with Directive 96/71 / EC, all of conformity with article 2.1 of this royal decree-law.

Maintenance of European works councils in companies or groups of companies with a Community dimension with the United Kingdom.

European works councils or alternative procedures for informing and consulting workers constituted or agreed prior to the date of withdrawal from the United Kingdom of the European Union, in accordance with Law 10/1997, of 24 April, on rights of information and consultation of workers in companies and groups of companies of community dimension, by companies and groups of companies of community dimension in which workers or companies of the United Kingdom participate and which have their central address in Spain, will remain valid in the terms provided in said law as long as they are not modified in accordance with the provisions of said Law.

Healthcare

During a period of twenty-one months from the entry into force of the Royal Decree-Law, Spain will continue to provide healthcare on the same terms and under the same conditions established prior to the withdrawal of the United Kingdom from the Union. European Union, as long as the United Kingdom guarantees these same conditions to those persons who have the right to receive health care from Spain.

Social Security

Spain will continue to export contributory pensions and their corresponding revaluations, recognized by our social security system to nationals of the United Kingdom, whatever the country of residence of the beneficiaries.

Likewise, the accumulation of periods of insurance accredited in Spain and in the United Kingdom prior to the date of withdrawal by the nationals of that country is foreseen, in order to cause the right and calculate the amount, both of the contributory pensions for retirement, permanent disability and death and survival, as for benefits for temporary disability, maternity and paternity to which, if any, they could access.

On the other hand, in respect of UK nationals residing in Spain, the events, benefits or income, which take place or are received in the United Kingdom prior to the date of withdrawal, will produce the same effects as if they had place or would have happened in Spain, for the purposes of the application of Spanish domestic legislation.

The measures included in this article 11 also provide for UK nationals to be able to access unemployment benefits paid by Spain, for periods quoted in the United Kingdom before the withdrawal date, provided that the latest contributions have been made in the United Kingdom. Spain and while maintaining residence in Spain.

For its part, Article 12 also includes certain social security measures aimed at protecting the rights of Spanish nationals affected by the withdrawal of the United Kingdom, as well as of the nationals of the Member States of the European Union, from the European and Swiss Economic.

The Spanish pensioners in charge of our system will continue to receive their contributory pensions, as well as the corresponding revaluations and, if applicable, the supplements for minimums that they would have recognized, even if they reside in the United Kingdom after the date of withdrawal.

Also, European Union citizens living in Spain who commute to Gibraltar every day can access the unemployment benefits recognized by Spain for the periods quoted in Gibraltar before and after the withdrawal date, with the singularity that it will not be necessary to have quoted to the Spanish social security system for this contingency.

Driving licenses

A transitory period of nine months is established, during which the holders of a driving license issued by the British authorities who have acquired residence in Spain may exchange their driving license for another Spanish permit, in accordance with the current regulations on traffic, which will allow them to continue driving in our country, despite the withdrawal of the United Kingdom from the European Union.

Notwithstanding the foregoing, during this transitional period of nine months, this exchange will be possible as long as the current system of verification of driving licenses established within the European Union is maintained, since if it were not maintained, it would not be possible to exchange driving licenses issued by the United Kingdom.

After that nine-month period, driving licenses issued by the British authorities would be subject to Spanish regulations for driving licenses issued by third countries, and the exchange for another Spanish will no longer be possible until, in a future, a bilateral convention for the exchange of driving licenses with the United Kingdom will be signed.

University access

The students coming from the education systems of the United Kingdom or Gibraltar are allowed during the 2019-2020 and 2020-2021 courses, to continue taking the access procedures to the Spanish University in the same terms provided for students coming from educational systems of the Member States of the European Union, provided that said students meet the academic requirements required in their educational systems to access their Universities.