On Wednesdy 6 March two EuroCitizens had a productive meeting in the Ministry of Labour, Migration and Social Security with representatives of that ministry, Presidency and Foreign Affairs. Beforehand, we had sent them a series of questions about the Royal Decree 5/2019 (Real Decreto-ley 5/2019), which provides legal coverage for the Spanish administration's contingency plans in the event of a No-Deal Brexit.
All those present agreed that the UK's departure under the Withdrawal Agreement would be a better outcome, as it would give the legal certainty of an international treaty to both Spaniards in Britain and Britons in Spain, with both sides legally committed to the agreement. EuroCitizens also pointed out that, after the recent and unanimous vote at Westminster, British in Europe and the3million are seeking the support of the EU for the ring-fencing of the citizens' rights section of the Withdrawal Agreement if there is no deal.
A civil servant from the Labour Ministry gave us an overview of the Royal Decree. The measures in it are temporary, unilateral and subject to reciprocity from the UK. The Spanish government will analyse, after a minimum of two months from Brexit, the UK's reciprocity in terms of the measures in the areas covered by the Royal Decree. Having done this, the government could decide at any moment to suspend the law.
After a no-deal Brexit, UK residents in Spain will become Third Country Nationals (Nacionales de un Tercer País) and will come under the General Immigration Regime for Foreigners (Régimen General de Extranjería), but the special conditions outlined in the Royal Decree will be applied to us.
The Spanish government's aim is to guarantee for Britons a smooth transition from EU citizen status to Third Country National Status, with as little disruption as possible. Spain will consider, for a period of twenty-one months (until the end of 2020 if the transition happens on 29/03/19), the current documentation of UK citizens in Spain to be still valid and to accredit legal residence. All British residents, those with more or less than five years residence, will have to change their green EU Citizen Certificates (or cards) for a Foreigners' Identity Card (Tarjeta de Identificación de Extranjero). To do this they will have to provide their registration certificate or EU family member card, their passport, an application form, the fee and a photo.
Those Britons who do not have a registration certificate will be able to accredit their residence in Spain using legally admitted proof such as a work contract, a rental contract, town hall registration etc. However, people in this situation will need to ask for a prior appointment to demonstrate their residence and then to obtain the corresponding third-country national documentation. UK citizens who have lived in Spain legally for at least five years will be able to apply for long-term residence (residencia de larga duración). The details of the requirements and procedures for the documenting of British nationals will be published in the Official State Newsletter (Boletín Oficial del Estado) as the 'instructions' (instrucciones) related to Decree 5/2019. However, for both initial applications and subsequent renewals, the requirements will be similar to those currently applied to EU citizens.
The Spanish government will also guarantee, unilaterally and subject to reciprocity – and the UK government's obligation to pay for the medical expenses of its citizens – the continued provision of healthcare to the UK pensioners who are in the S1 system and even for British visitors in the country. UK residents who pay into the Spanish social security system will be guaranteed healthcare even if there is no reciprocity from Britain. At the end of the twenty-one-month transition period, the Royal Decree includes the possibility of an extension, which could extend the coordination of healthcare and social security in the event that an international treaty has not been agreed to cover these areas. Social security coordination will also be dealt with under a new regulation from the EU Commission.
EuroCitizens will publish an explanatory note for UK citizens in Spain with more details of the Royal Decree and FAQs about how the contingency plans will affect different groups. Our association will share this information with other British citizens' groups in Spain and with the UK Embassy in Madrid. We will also continue to ask questions about the implementation of the Royal Decree on UK citizens and hope to have another meeting with the Spanish administration when the instructions linked to the Decree are published in the Official State Newsletter. We thank the government for its hard work in bringing out this law in such a short time in order to avoid the worst consequences of a no-deal Brexit for Britons in Spain.
Link to Decreto-ley 5/2019: https://www.boe.es/diario_boe/txt.php?id=BOE-A-2019-2976
