Spanish Government Royal Decree for a No Deal Brexit

Given the uncertainty surrounding the process of ratification of the withdrawal agreement of the UK and Northern Ireland from the European Union, the Government has published Royal Decree-Law 5/2019, of March 1, by which contingency measures are adopted in the event of the withdrawal of the UK and Northern Ireland from the EU without the foreseen agreement (SP / LEG / 25935).   In other words a ‘No Deal Brexit’.

This contains various decisions in anticipation that such withdrawal might occur without the required consensus.

These are the main issues that affect the subject of foreigners.

Residence and work of nationals of the UK residing in Spain and of their family members (Article 3 RD Law 5/2019)

• Members of the family are those provided in article 2 of Royal Decree 240/2007, of February 16 (SP / LEG / 3279).

Accreditation of the residence in Spain before the withdrawal date:

Certificate of registration obtained prior to the date of withdrawal (article 7.5 RD 240/2007).

By any other means of proof admitted in law, in case you have not obtained such certificate of registration before the date of withdrawal.

Accreditation of the residence in Spain of third-country nationals who meet the status of relatives of a national of the United Kingdom residing in Spain:

Card of family of citizen of the Union obtained before the date of withdrawal (article 8 RD 240/2007).

By any other means of proof admitted in law, in case you have not obtained such card before the date of withdrawal.

Documentation of nationals of the United Kingdom residing in Spain and their families (Article 4 RD Law 5/2019)

• Obligation to request the documentation corresponding to their new condition (pending publication in the BOE).

• Application deadline: twenty-one months after withdrawal from the United Kingdom

Legal Residence until the new documentation or validity of the authorizations.

With certificate of registration: substitution of documentation by foreign identity card.

Without registration certificate: personal application for foreigner identity card.

Access to long-term residence (Article 5 RD Law 5/2019)

• Application before the withdrawal date: if legally and continuously resided for at least five years (Article 32 LO 4/2000 – SP / LEG / 2576-)

• With certificate of permanent registration / permanent family card of citizen of the Union: personal application of long-term resident alien identity card with the following documentation.

a) Full valid passport

b) Proof of payment of the corresponding fee

c) A photograph, in accordance with the requirements established in the regulations on national identity document.

In these cases, compliance with the requirement of legal and continued residence of at least five years will be presumed.

Frontier workers (Article 6 RD Law 5/2019)

Conditional to the grant by the competent British authorities of a reciprocal treatment to Spanish citizens

• Nationals of the United Kingdom, resident outside Spain, who, on the date of withdrawal, had the status of frontier workers in Spain: Obligation to request the documentation corresponding to their condition (pending publication in the BOE).

• The request and processing of your documentation as a border worker will not be an obstacle to the development of your activities in Spain.

Reciprocity and temporary measures. (Article 2 RD Law 5/2019)

Suspension of the RD Law if in two months from its entry into force is expressly provided, or if the competent British authorities do not grant reciprocal treatment to natural or legal persons of Spanish nationality in each of the affected areas.

The measures subject to a term of validity may be extended by agreement.

Entry into force (DA sixth RD Law 5/2019)

The day on which the Treaties of the European Union cease to apply to the United Kingdom, unless prior to that date, a formalized withdrawal agreement between the European Union and the United Kingdom has entered into force.

Maria Luisa Castro

Director and Founder
María founded CostaLuz Lawyers in 2006 and is the Firm’s Director. María is registered Lawyer number 2745 of the Cadiz Bar Association and is licensed to practice in all areas of law throughout Spain. Working closely with her team, María has developed the firm into one of the most highly regarded and trusted Spanish Law Firms acting for English-speaking clients with legal problems in Spain. We’re here to help. Contact us today for a free, no-obligation, initial legal orientation.

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