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Everything You Always Wanted To Know About Brexit (But Were Too Afraid To Ask)

As Brexit marches ever closer, we take a look at what it all means for UK nationals living in Spain.

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As Brexit marches ever closer, we take a look at what it all means for UK nationals living in Spain. (Last updated February 6, 2019)

You might not have noticed, but Britain is planning to leave the EU this year in a little thing called “Brexit.” It’s been an easy story to miss, as since the country’s June 2016 advisory referendum on its future membership in the EU — in which 52% voted to leave and 48% to remain — the mood in the U.K. has been completely calm, sanguine even. There’s been hardly any opposition to Brexit, nor any hostility towards MPs, and definitely no panicking about food and medicine shortages…

Alright, fine. Enough with the sarcasm. The atmosphere in the U.K. has in fact been quite the opposite: hysteria. And anyone who has been tuning in to watch this most tragic of soap operas will tell you that Brexit has been a melodrama of unparalleled proportions.

Since Brexit essentially boils down to a debate on trade policy and regulatory systems (riveting stuff, I know), I won’t bore you here with talk of backstops, tariffs and other tedious technical jargon. Instead, what follows is a breakdown of what the 308,000 or so British nationals who call Spain home can broadly expect from the rapidly changing Brexit process.

The legal effect of Brexit on Brits abroad depends on whether or not the U.K. leaves the EU with a deal. As many may well have seen, the prospect of the U.K. securing one was thrown into question on January 15, 2019 by the enormous defeat of Prime Minister Theresa May’s withdrawal agreement at the hands of Parliament. Mrs. May’s deal, the one that she had secured with the EU after two years of negotiations, was voted down by members of Parliament by a historic and humiliating margin: 202 in support and 432 against. The Prime Minister, who remains in the job following a failed no confidence motion on January 16, now has until March 29, 2019 (the day Britain is currently set to leave the EU) to thrash out a new deal that she hopes Parliament will support.

In the meantime, the U.K. remains in limbo. If no other withdrawal agreement is ratified in parliament by March 29, or Article 50 (the legal process by which Brexit takes place) is not revoked or extended, the U.K. will leave the EU with “no deal.” The disastrous consequences that a “no deal” Brexit would have on the British economy have been widely predicted, but what will it mean for those of us living in the EU?

In the event of a “no deal” Brexit, the U.K. government has stated “EU citizens and their family members resident in the U.K. by 29 March 2019 will be able to stay and carry on with their lives broadly as now. They will continue to be able to work, study, and access benefits and services in the UK [sic] on the same basis after we exit the EU as they do now.”

Britain has also called on the other EU member states to “uphold their commitments to citizens and to protect the rights of U.K. nationals in the event of a ‘no deal’ scenario.” While the U.K. cannot speak on behalf of all 27 other EU member states — and can therefore provide no concrete assurances as to how each European government will act in the event of a “no deal” — some EU countries have already echoed the sentiments of the U.K. government.

Luckily for Brits in Spain, that includes the Spanish government, who have said that they are putting contingency measures for “no deal” in place that “seek to safeguard the interests of British citizens who, prior to the date on which the withdrawal of the United Kingdom from the European Union takes place, exercised their right to free movement and reside in Spain.”

One such example of this safeguarding process is an agreement signed by Spain and the U.K. on January 28, 2019 that guarantees U.K. nationals’ ability to vote and stand as candidates in Spanish municipal elections post-Brexit, even in the event of a “no deal.” Similarly, on January 30, 2019 a governmental proposal was put forward that seeks to ensure that U.K. and EU students who are currently taking part in the Eurasmus+ program are able to continue their studies this academic year without disruption.

Small victories these may be, but the reality for many Brits living in the EU post-Brexit is really uncertain. An immediate and particularly severe downside to a “no deal” Brexit is that British retirees living in the EU will lose access to free health care beginning March 29. This comes as a real blow to the thousands of elderly British people who have come to Spain to enjoy their retirement, many of whom will have to return home for treatment, which in turn is likely to put a strain on the U.K.’s already underfunded National Health Service.

Most British nationals should not have any fears that they will be forced to head back to U.K. in the event of a “no deal” Brexit, as those already residing lawfully in Spain will still be considered legal residents from March 29. However, the Spanish government has made it clear that if the U.K. leaves without a deal, British citizens “will be subject to the general immigration regime … governing citizens of a third country.”

It is therefore vital that you have all the necessary documentation to prove you are a lawful resident in Spain prior to March 29, 2019. The Spanish government has specifically said that having a Certificado de Registro de Ciudadano de la Unión “will be of great use following the date of the U.K.'s [sic] withdrawal … [and will] allow you to continue to reside in Spain and obtain the documents required by the immigration regime.”

To help clarify things, the U.K.-based firm Blevins Franks has outlined the steps U.K. nationals living in Spain, France and Portugal should take to ensure they are prepared for any eventuality in a series of handy documents. For Spain, here’s what they suggest:

  1. If you haven’t already, obtain a NIE (número de identidad de extranjero) number. See the Barcaelona Metropolitan’s guide to getting a NIE here.
  2. Register within the Registo Central de Extranjeros and obtain the Certificado de Registro de Ciudadano de la Unión. (Note, you will be issued with this certificate, in the form of a small green card, when you obtain your NIE).
  3. Register with your local ajuntament (municipality office) in order to obtain a Certificat d’Empadronament. See Barcelona Metropolitan’s guide to securing a Padro here.
  4. Obtain a card for CatSalut, the public healthcare system here in Catalunya.

If you’ve already got these documents in place, then the next steps will involve reapplying for settled status in Spain once the U.K. is no longer a member of the EU.

In the meantime, the best thing you can do to stymie any Brexit-related worries is to stay up-to-date with all the latest developments:

We will do our best to update this article with any changes to British nationals’ legal rights in Spain as Brexit plans continue to develop. 

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