MEETING WITH BRITISH CONSUL, SARAH-JANE MORRIS: WHAT DOES THE FUTURE HOLD FOR BRITONS IN SPAIN?

Sarah-Jane Morris talking to EuroCitizens

On 26 April, EuroCitizens organised an information session in Madrid with the British Consul, Sarah-Jane Morris. The objective was to investigate where we are on citizens’ rights and how we can safeguard our own situations. EuroCitizens vice-chair, Camilla Hillier-Fry, introduced the meeting and updated members on our lobbying activities. Chair, Michael Harris, also a member of the British in Europe steering group, outlined some of the consequences of the current agreement between the EU and the UK, such as lack of freedom of movement and economic rights in the EU-27 for UKinEU. He was critical of government messaging and asked people to channel their anger and frustration into fighting for citizens’ rights. Sarah-Jane Morris clarified points on the agreement and the transition period before making practical suggestions. For most of the session, she answered questions from the floor about a variety of concerns. The meeting was well attended and the consensus seemed to be that it was helpful. EuroCitizens would like to thank Sarah-Jane Morris for coming.

See a summary of what came out of the meeting:


What is our situation now and when will it change?
UK nationals are full EU citizens until 29/03/19. Until 31/12/20, under the current Withdrawal Agreement (WA), we will keep all of our rights apart from political ones (eg. voting and becoming a candidate), unless there is a bilateral agreement between Spain and the UK. After the end of the transition period on 31/12/20 our rights will be dependent on the final Withdrawal Agreement. It will also influenced by EU directives on third country nationals and Spanish national legislation. If there is no deal, we will automatically revert to third-country-national status.

What can I do to protect myself and my family?
If you are not correctly registered, do so immediately with the ‘comisaría general de extranjería’ and at your local town hall. After five years of residence you can then register for ‘permanent residence’. If you are below the radar on 31/12/20 you will have no rights covered by the Withdrawal Agreement (WA). https://www.gov.uk/guidance/residency-requirements-in-spain 

Will I get healthcare after Brexit?
Coordination of healthcare between the UK and Spain is covered in the draft WA. In Spain coverage is contribution-based, so if you are paying social security (or are a dependent of someone who has) you can access state healthcare. UK pensioners will also be covered with the reciprocal S1 scheme under the WA. For more information on how you currently access healthcare in Spain please go to https://www.gov.uk/guidance/healthcare-in-spain  or http://healthcareinspain.eu/living-in-spain/

Will I keep my EHIC card for healthcare when visiting other EU countries?
Yes, for UK nationals in Spain, both those who have contributed directly or via UK payments under the S1 scheme. For more information about how you currently apply for an EHIC (European Health Insurance Card) if you are a UK resident in Spain please visit  https://www.gov.uk/guidance/healthcare-in-spain  or http://healthcareinspain.eu/living-in-spain/
The UK wants the EHIC scheme to continue between the UK and the EU-27, but this has not been negotiated yet.

If you have paid into a pension in the UK or another EU country, will this still be paid in Spain?
Yes, under the draft WA the aggregation of pensions for UKinEU and EUinUK will continue

What will registration procedures be for UKinSP citizens after Brexit?
We don’t know. The embassy and EuroCitizens will be contacting the Spanish authorities about this issue. Under the draft WA there are two options: a) declaratory (as now) b) constitutive (like applications for settled status in the UK). There will be a EU working party meeting in Brussels this month to coordinate registration procedures of UKinEU in the EU-27 and it is hoped we will know before the next EU Council summit in June.

Will I be able to return to Britain with my family after Brexit?
British citizens can of course return, registering residence in order to receive benefits and healthcare. Even spouses from before 01/01/21 and children (born before or after that date) will not be protected by the WA and, like new spouses, will have to go through normal immigration channels.

As a freelancer, will I be able to work in other EU countries after 2020?
Under the current WA, no, unless you are a designated ‘frontier worker’ (someone who lives in one country but works in another). You will only be allowed to work in your ‘host country’, Spain.

I have lived for years in France, but now am a Spanish resident. Could I return to France after 2020?
Not as a UK citizen covered by the WA, though our freedom of movement rights are ‘still being negotiated’.

Will my British (or Spanish) children receive ‘home fee status’ at UK universities after 2020?
We don’t know. UK universities are pressing the government for this to be the case.

What is the situation on dual nationality?
Dual nationality is currently not recognised for UK nationals in Spain (though it is possible for Spanish residents in the UK) due to Spanish national law. On gaining Spanish citizenship you must officially renounce your British nationality. This is not enforced, but you should not use your British passport in Spain if you have aquired Spanish citizenship..

Can anything be done about the delays in Spanish nationality applications? At the moment applications from 2015 are being processed, so an application can take between 3 and 5 years.
Sarah-Jane suggested that various embassies of nationals most affected could get together and ask Spanish authorities for this process to be speeded up. She advised using a ‘gestor’ to make things go faster.

Will my UK driving licence be valid in Spain?
If you are resident for more than two years, you must change your British licence for a Spanish one ( https://www.gov.uk/guidance/living-in-spain#driving-in-spain ). Agreement about driving licences will be in the future agreement between the EU and the UK, so we don’t know what will happen.

Will the Euro-pet scheme continue?
This is dependent on the future agreement too. So if your dog or moggy wants to visit Britain, take him/her before 31 December 2020.

What is the Foreign Office doing to help UK nationals in Spain?
For information, there is a government website https://www.gov.uk/guidance/living-in-spain
and a Facebook page:https://www.facebook.com/BritsInSpain/  Sarah-Jane also advised people to join groups like EuroCitizens.
Extra staff and resources to devote to UKinSP have been allocated and contingency plans made for a no-deal scenario. The current priority of British consular services is to ensure all British nationals living in Spain are correctly registered  thus under the protection of the draft agreement on citizens’ rights. (https://www.gov.uk/guidance/residency-requirements-in-spain)
Sarah-Jane promised to bring up with the embassy the question of talking to the Spanish government about dual nationality, the delays in processing of nationality applications, voting rights and our situation when we are no longer EU citizens.