The United Kingdom’s membership in the European Union since 1973 has been anything but smooth sailing. With controversy over their participation in the EU spanning decades, a deal for Britain’s exit from the EU has been in the works for a number of years. The failure to establish a Withdrawal Agreement recently led to Theresa May’s resignation as British Prime Minister.
Passage of the Withdrawal Agreement Bill would provide a plan for Britain’s exit and give some certainty to those who will be affected by the process. One such group, UK residents who are living and working in other EU countries, will be uniquely affected by the terms of the deal.
The uncertainty over whether or not the UK will leave the EU with an exit deal has understandably created questions about residency status for people living or travelling in Spain with UK residency.
At the writing of this article, the MPs have failed to pass the Withdrawal Agreement a number of times, and the current deadline for Brexit is 31 October 2019. If the Withdrawal Agreement Bill is passed in Parliament, the official date of Brexit could be moved forward.
If the Withdrawal Agreement continues to fail, the way forward is unclear. Two possible scenarios are that the UK would leave the EU without a deal or Brexit would be cancelled altogether. If the UK leaves the EU with or without a deal, it will mean changes for those UK residents currently living or travelling in Spain.
What Brexit would mean for UK residents living and travelling in Spain
If the UK leaves the EU with a deal
If the United Kingdom leaves the European Union with a deal, no changes in residency will occur until 2020, but even with this in mind, it’s a good idea to start preparing now for the eventual changes.
If you are a UK national who arrives in Spain before 31 December 2020, you will be able to register as a resident just as you would now. This right to residence will then be protected for as long as you live in Spain.
If you are travelling in Spain when the UK leaves the EU, which could happen anytime the MPs pass the Withdrawal Agreement Bill, you will be able to continue your travels with your UK passport until the end of 2020. Future negotiations will decide what you will need to do for travel after 2020.
If the UK leaves the EU without a deal
If a Brexit deal is not agreed upon, the UK will have two options. The first, to remain in the EU. The second, to leave without an exit deal.
In the event that Brexit occurs without a deal, if you are a UK resident that resided in Spain before the exit date, you would be a legal resident for 21 months regardless of whether or not you held a residency document at the date of exit.
In areas of Spain where residency appointments are unavailable, you will need to have proof that you were living in Spain before the exit date and continue to check on the availability of appointments. Documents that can provide proof of residency include utility bills or a padrón registration.
If you are travelling in Spain or planning to travel to Spain when the UK leaves the EU without a deal, you will need to investigate travel and passport requirements for your particular situation.
What to expect after Brexit
After Brexit is complete, new negotiations will undoubtedly take place regarding the relationship between the UK and the EU.
No matter the scenario, after Brexit it will be necessary for you to request a new registration document that is up-to-date and meets the current residency requirements.
