Noticias de la Cámara
Spain – Measures Enacted Assuring Rights, Status in Case of No-Deal Brexit
19/03/2019
This report covers a new law in Spain that takes steps (in some cases, contingency steps) to address uncertainties and concerns in respect of U.K. citizens living and working in Spain in the event of a no-deal Brexit.
Spain’s government has enacted a Royal Decree-Law that provides for various contingency measures aimed at addressing the residence, immigration, and social security rights of U.K. nationals in Spain and Spanish nationals in the U.K. following the exit of the U.K. from the European Union with no agreement (“no-deal Brexit”).
On 2 March 2019, Royal Decree-Law 5/2019 of 1 March 2019, adopting contingency measures in the event of the United Kingdom’s withdrawal from the European Union without having reached the agreement provided for in article 50 of the Treaty on the European Union (“the Royal Decree-Law”) was published in Spain’s Official State Gazette.1
The new Royal Decree-Law has two core aims: (i) safeguarding the interests of those Spanish and British citizens who exercised their right to free movement; and (ii) safeguarding Spain's trade flows and economic interests.
WHY THIS MATTERS
After Brexit, U.K. citizens will no longer be European Union (EU) citizens and thus will no longer be able to claim residence in an EU or European Economic Area (EEA) member state on the basis of the EU treaty. As a result, they would be subject to rules and conditions similar to those required for third-country citizens in Spain and the rest of the EU. The Royal Decree-Law should help address many of the uncertainties and concerns in respect of U.K. citizens living and working in Spain in the event of a no-deal Brexit and aim to help clarify and assure their residence, immigration, social security, and other rights following 29 March 2019 (the Brexit date).
Read the full article here.
