No-deal Brexit plans set

11 Apr 19

SPAIN

High Priority

What is the Brexit news? The Spanish Congress of Deputies has validated the Spanish Royal Decree-Law that would administer the status of U.K. nationals in the case of a no-deal Brexit.

Key Points of the Royal Decree-Law:

  • Transition period. The legislation will introduce a 21-month transition period during which U.K. nationals who were residents in Spain prior to Brexit, as well as their dependents, will be able to apply for the required residence status. During this time, U.K. nationals holding EU registration certificates and their dependents will be allowed to continue residing in Spain.
  • Residence permits.Current holders of an EU registration certificate or residence card, as well as dependents of EU nationals, will need to apply for an identity card for foreigners. U.K. nationals and their non-EU family members will also need to apply for the identity card for foreigners.
  • Long-term residence. Holders of a long-term EU registration certificate, as well as their dependents, will be able to apply directly for a long-term residence card for foreigners. Additionally, U.K. nationals and their non-EU family members who have been residing continuously in Spain for the last five years may apply for a long-term residence permit under the provisions set forth in Article 32 of the Organic Act 4/2000.
  • Cross-border workers.Cross-border workers will need to apply for documentation to certify their status based on a procedure to be established by the Council of Ministers.

Background: On March 1, the government issued a Royal Decree-Law that encompasses the points mentioned above. The recent validation from the Spanish Congress of Deputies further confirms Spain’s plan to allow U.K. residents currently residing in Spain to stay in the case of a no-deal Brexit.

BAL Analysis: The U.K. is set to leave the European Union, and the U.K. Parliament has yet to pass a withdrawal agreement. Although the EU granted the U.K. a Brexit extension, it is still possible that it will leave the EU without a deal. Spain’s plan provides some certainty to non-EU family members of U.K. nationals, as they will retain their current status until Dec. 31, 2020 and will be able to apply for a residence permit in the case of a no-deal Brexit.

This alert has been provided by the BAL Global Practice group and our network partner SAGARDOY Abogados in Spain. For additional information, please contact your BAL attorney.

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