On January 31 the United Kingdom will leave the European Union after almost fifty years in the European project. Logically, this is causing uncertainty among the 200,000 Spaniards residing in the United Kingdom and among the 360,000 Britons in Spain - who will automatically lose their status as European citizens.
In some cases these concerns have been generated from misleading information in the media: confusing a UK exit from the EU without a withdrawal agreement with the failure in trade negotiations between the EU and the UK before of the end of the year; confounding the provisions in the Withdrawal Agreement with those in the contingency plans for a hard Brexit (in the case of Spain, Royal Decree Law 5/2019).
In reality, the Withdrawal Agreement does
provide the security of an international treaty for the five million
Europeans residing in the UK and British residents in the EU. For these citizens,
the right to residence and work in their host country is guaranteed for life. The
British in the EU will also retain European citizenship rights such as
non-discrimination in the fields of work and social security coordination. At
the same time, the WA guarantees the continuation of reciprocal healthcare
for British pensioners in Spain, coordination on Social Security issues and the
automatic uprating of British pensions.
We still do not know details of the measures
to be implemented in Spain to change the status of the British from that of a
European citizen to a third-country national with protection from the
Withdrawal Agreement. In a recent meeting with the Spanish administration,
EuroCitizens was informed that the process to register the British follows the
most benign option: the automatic change of status instead of the need to re-apply
for a new status. We also still have to clarify the details of our special Foreigners
Identification Card (TIE), registration procedures, deadlines etc.
EuroCitizens has requested another meeting with the Ministry of Interior
to discuss these issues. We will also ask them about what happens in cases in
which the British have the option (or the obligation) to apply for another
status: as a family member of an EU citizen or as a long-term EU resident.
However, it is important to point out that the Withdrawal Agreement does not include key rights for the British in Spain: the right to (continued) free movement within the EU and the right to provide services throughout the EU-27. This omission will disproportionately affect young people and mobile professionals. Britons will not have the option of going to study or work in another European Union country without jeopardizing their right to reside in Spain. Workers (interpreters, computer scientists, lawyers, cooks, musicians, etc.) will, in principle, be unable to offer their services outside Spain. In some cases this situation will jeopardise the possibility of British citizens to live as before Brexit, a promise reiterated by politicians such as Michel Barnier and Theresa May. Finally, some professions, such as lawyers with British titles, will not be able to practise even in Spain.
In the scenario caused by Brexit, getting nationality offers a way to safeguard (and even increase) the rights of a citizen. However, there is an imbalance between Spain and the United Kingdom in this area. In Britain, five years of residence are required to apply for British nationality and to obtain it, an average of six months is required. In contrast, in Spain Britons require ten years of residence and the application and concession process is much longer - there are still Britons who applied for citizenship in early 2017 without receiving any response. As a result of EuroCitizens' lobbying, last summer the Spanish government launched a crash plan to expedite the processing of applications, but the system is still random: some applications are resolved in three months while others remain open after three years.
In summary, next Friday night will not be an especially happy occasion for us. EuroCitizens will organize a meeting of our group to discuss the issues presented here (18.15 Centro Gallego, C / Carretas 14, 3). We also invite the press from 17.30 to talk to us and hear the opinions of our members.
However, it is important to point out that the Withdrawal Agreement does not include key rights for the British in Spain: the right to (continued) free movement within the EU and the right to provide services throughout the EU-27. This omission will disproportionately affect young people and mobile professionals. Britons will not have the option of going to study or work in another European Union country without jeopardizing their right to reside in Spain. Workers (interpreters, computer scientists, lawyers, cooks, musicians, etc.) will, in principle, be unable to offer their services outside Spain. In some cases this situation will jeopardise the possibility of British citizens to live as before Brexit, a promise reiterated by politicians such as Michel Barnier and Theresa May. Finally, some professions, such as lawyers with British titles, will not be able to practise even in Spain.
In the scenario caused by Brexit, getting nationality offers a way to safeguard (and even increase) the rights of a citizen. However, there is an imbalance between Spain and the United Kingdom in this area. In Britain, five years of residence are required to apply for British nationality and to obtain it, an average of six months is required. In contrast, in Spain Britons require ten years of residence and the application and concession process is much longer - there are still Britons who applied for citizenship in early 2017 without receiving any response. As a result of EuroCitizens' lobbying, last summer the Spanish government launched a crash plan to expedite the processing of applications, but the system is still random: some applications are resolved in three months while others remain open after three years.
In summary, next Friday night will not be an especially happy occasion for us. EuroCitizens will organize a meeting of our group to discuss the issues presented here (18.15 Centro Gallego, C / Carretas 14, 3). We also invite the press from 17.30 to talk to us and hear the opinions of our members.
