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ARCHIVED - So Brexit is finally happening – how the transition period affects expats in Spain
The UK leaves the European Union after 47 years at 23.00 on Friday
Brexit is finally upon us and at midnight on Friday (mainland Spanish time) the UK will cease to be a member of the European Union after 47 years, and on Thursday the British government published its latest update on how the status of UK nationals living in Spain will be affected first during the transition period and then when the transition has been completed.
At the same time, Sarah-Jane Morris, the British Consul in Alicante, has published a message to UK nationals in Spain reassuring them that the Withdrawal Agreement contains some “really important protections for your rights”. Specifically, she guarantees that:
- You will be able to continue to live and work in Spain
- UK state pensioners will continue to have lifelong healthcare as long as they remain living in Spain. This also applies to residents who claim a UK state pension in the future
- Your UK state pension will continue to be uprated
- You will be able to exchange your driving licence until the end of 2020 without taking a driving test and your Spanish licence will be accepted in the UK when you visit
Those rights will be protected for as long as you live in Spain, provided you are legally resident here by the end of 2020.
British government information
The transition period will last at least until the end of 2020 while the UK and EU negotiate additional arrangements, and in essence this means that for another 11 months things will not change much for British people living in Spain or elsewhere in the EU.
However, the government in London reiterates that those living in this country should make it a priority to address three issues:
- registration as a resident in Spain,
- registration for healthcare as a resident in Spain, and
- exchanging your UK driving licence for a Spanish one.
At the same time the British Embassy regularly holds events across Spain at which all UK nationals are welcome to learn more about working and living in Spain after Brexit.
Going into more detail, the government addresses the following issues;
Visas and residency
You must register as a Spanish resident if you want to stay in Spain for more than 3 months.
If you are resident in Spain before the implementation period ends on 31 December 2020, you will be able to stay.
If you arrive in Spain before the end of the implementation period, you will be able to register as resident in Spain under the current rules, and will have your right to residence in Spain protected for as long as you remain resident.
Residency applications should be made at the nearest “Oficina de Extranjería”
If there are changes to residency registration processes after Brexit, the guidance will be updated as soon as information is available.
Click here for further details on how to register as a resident in Spain.
Healthcare
You must register for healthcare as a resident in Spain.
If you live in Spain and receive an exportable UK pension, contribution-based Employment Support Allowance (ESA) or another exportable benefit, you may currently be entitled to state healthcare paid for by the UK. You will need to apply for a certificate of entitlement known as an S1 certificate.
European Health Insurance Card (EHIC)
If you are entitled to an S1, you are also entitled to apply for a UK-issued EHIC. If you are not an S1 holder, but are registered for public healthcare in Spain in another way and are travelling outside Spain, you must apply for a Tarjeta Sanitaria Europea (TSE - a Spanish-issued EHIC) online (in Spanish), or go to your nearest social security office (Insitituto Nacional de la Seguridad Social).
You must also buy comprehensive travel insurance to cover anything not covered by your TSE, EHIC or for travel to countries outside the EU.
If you are resident in Spain, you must not use your EHIC from the UK to access healthcare in Spain.
When you travel from Spain for a temporary stay in another European Economic Area (EEA) country or Switzerland, you can use your UK or Spanish-issued EHIC to access state-provided healthcare in the country.
Healthcare after Brexit
There will be no changes to your healthcare access before 31 December 2020. You can also continue to use your EHIC, as you did before, during this time.
If you are living in Spain or move there permanently before 31 December 2020, you’ll have life-long healthcare rights in Spain as you do now, provided you remain resident.
Passports and travel
You can apply for or renew your British passport from Spain.
Children travelling from Spain
On 1 September 2019, the Spanish authorities implemented a new regulation. Children (under 18 years old) resident in Spain, who travel out of Spain without a person who has parental responsibility may need a certified authorisation by that person. This is required in addition to a valid travel document.
The Spanish authorities have confirmed that the regulation does not apply to foreign children resident in Spain who are subject to the law of their country of nationality, or to non-resident foreign children visiting Spain.
The Spanish immigration authorities have been informed that there is no similar standard regulation in the UK, so British consulates do not provide travel authorisation documents. British children do not need written permission to travel unless they are subject to a court order which states that written permission is required from those holding parental responsibility. If the child is subject to such a court order, or to ensure that an unaccompanied child will be able to leave Spain without delay, you must obtain a certified authorisation from a public notary in Spain.
If you have parental responsibility for Spanish children in Spain, you can obtain a certified authorisation at a notary, national police station (in Spanish), or at the Guardia Civil (in Spanish).
Passports and travel after Brexit
Check your passport is valid for travel before you book your trip. Your passport should be valid for the proposed duration of your stay; you do not need any additional period of validity on your passport beyond this.
You’ll need to renew your passport before travelling if you do not have enough time left on your passport.
The rules on travel will stay the same until the implementation period ends on 31 December 2020. During this time you can continue to travel to countries in the Schengen area or elsewhere in the EU with your UK passport.
Any updates on this information will be published as soon as they become available.
Driving in Spain
If you are resident in Spain, exchange your UK licence for a Spanish one. You can still use your Spanish licence in the UK for short visits or exchange it for a UK licence without taking a test if you return to live in the UK.
If you hold an old UK licence that doesn’t have a 10-year validity period, you must renew or exchange it for a Spanish licence once you’ve been a resident in Spain for 2 years.
If you are in Spain and your UK driving licence is lost, stolen or expires, you will not be able to renew it with the UK Driver and Vehicle Licensing Agency (DVLA). You will need to apply to the DVLA for a ‘certificate of entitlement’ in Spanish to be able to apply for a Spanish driving licence.
Click here for more details on changing to a Spanish driver’s licence. If you have missed the 31st January deadline don’t worry, the latest tweets coming from the British Embassy in Madrid suggest that there will still be time…
If you register as a resident or spend longer than 6 months of the year in Spain, you must register your vehicle with the Spanish authorities and you may need to pay some taxes. Read the European Union’s guidance on car registration rules and taxes in Spain.
Driving after Brexit
Driving licence rules will stay the same until 31 December 2020.
Working in Spain
If you are registered as a resident in Spain, you have the right to work in Spain.
Working in Spain after Brexit
If you are resident before the implementation period ends on 31 December 2020, your right to work will not change after Brexit.
Money and tax
The UK has a double-taxation agreement with Spain to make sure that people do not pay tax on the same income in both countries. You can ask the relevant tax authority about double-taxation relief.
As a Spanish resident, you must declare your global income to the Spanish authorities, no matter which country it came from. If you are not a resident, you will only pay tax on income that came from Spain.
Declaration of overseas assets
You may need to file an annual declaration of overseas assets called a Modelo 720. There are severe penalties if you do not file, or give incorrect or incomplete information.
Money and tax after Brexit
The double-taxation agreement with Spain will not change. Send your questions about double taxation to the relevant tax authority.
Pensions
You will need to tell the UK government offices that deal with your benefits, pension and tax if you are moving or retiring abroad.
There will be no changes before 31 December 2020 to the rules on claiming the UK State Pension in the EU, EEA or Switzerland as a result of the UK leaving the EU.
If you retire in Spain, you can claim:
- your UK State Pension or new UK State Pension
- your Spanish and UK State Pension from the Instituto Nacional de la Seguridad Social if you worked in Spain
- pensions from working in other EU countries
Life Certificates for UK State Pensions
If you get a life certificate from the UK Pension Service, you need to respond as soon as possible. Your payments may be suspended if you don’t.
Pensions after Brexit
You can continue to receive your UK State Pension if you live in the EU, EEA or Switzerland and you can still claim your UK State Pension.
If you are living in the EU by 31 December 2020 you will get your UK State Pension uprated every year for as long as you continue to live there. This will happen even if you start claiming your pension on or after 1 January 2021, as long as you meet the qualifying conditions.
If you are living in Spain by 31 December 2020, you will be able to count future social security contributions towards meeting the qualifying conditions for your UK State Pension.
If you work and pay social security contributions in Spain, you will still be able to add your UK social security contributions towards your Spanish pension. This will happen even if you claim your pension after the end of the implementation period.
Benefits
There will be no changes before 31 December 2020 to the rules on claiming UK benefits in the EU, EEA or Switzerland as a result of the UK leaving the EU.
You may still be able to claim some UK benefits such as child and disability benefits if you live in Spain.
Many income-related benefits such as pension credit and housing benefit cannot be paid to you if you’re abroad for more than 4 weeks.
Benefits after Brexit
If you are living in the EU, EEA or Switzerland by 31 December 2020, you will continue to receive any UK benefits you already receive. This will continue for as long as you live there and meet all other eligibility requirements.
If you work and pay social security contributions in Spain, your UK social security contributions will be taken into account when applying for Spanish contributions-based benefits. This will happen even if you claim contributions-based benefits after the end of the implementation period.
Voting
UK nationals will no longer be able to vote in European elections after Brexit, but will be able to vote and stand as candidates in local elections in Spain.
You can vote and stand in local elections. To do so, you must:
- register on the municipal register where you live (padrón municipal)
- formally declare your intention to vote and register on the local electoral roll
- confirm your padrón status every 2 to 5 years to remain registered and be able to vote
You can go to your local Town Hall and check your padrón status and the municipal electoral roll at any time.
You cannot vote in general or regional elections in Spain.
You may be able to vote in some UK elections if you register as an overseas voter (only available if you left the UK under 15 years ago).
Births, deaths and getting married
If your child is born in Spain, you will need to register the birth abroad.
Pets
Current pet travel rules will stay the same until 31 December 2020.
If you’re travelling with your pet for the first time you must visit your vet to get a pet passport.
The UK, EU and national governments will continue to negotiate for the remaining 11 months of the transition period, and there are a multitude of details to iron out. There will be changes implemented after the transition period which will undoubtedly affect British nationals living in and visiting Spain, but these will not be confirmed until later in the year.
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