After the announcement of Brexit, the end of the transition period on January 1, 2021, and the regulatory updates that the UK government begins to publish to adapt legislatively to the exit of the EU, uncertainty remains a very present feeling among British citizens living in Spain.
While it is true that there is beginning to be more national regulation by the UK, it must also be said that the British government is still straddling the line between the application of European regulations, its own rules and international treaties. The latter are very important as they are being used in a subsidiary way until a national law regulates the matter in question.
In this changing context, with this article we intend to shed light on this issue and expose clearly what has changed after the Brexit for British citizens residing in Spain before January 1, 2021.
How does Brexit affect me if I am resident in Spain before January 1, 2021?
If you were already resident in Spain before this date, the withdrawal agreement and its conditions will still apply. But who are considered residents?
Well, you will be considered resident if you fall into any of the following categories:
- British citizens who already had a certificate of registration at the british embassy in Spain.
- Relatives of British residents in Spain in possession of an EU family card.
- Those who were residing in Spain without any previous accreditation.
However, it is necessary to ensure that you are correctly registered as a resident, including children. And in case you are registering for the first time, you will be issued a biometric residence card called the Alien Identity Card (TIE). This card will grant you the rights guaranteed by the Withdrawal Agreement.
If you do not yet have such a card, there is still time to apply for one, at Aledra Legal we will be able to help you with this procedure: just fill the form below and we’ll contact you as soon as possible.
If you’re an employee, self-employed or an employer, where you pay social security contributions will depend on your circumstances and the country you are going to work in. If you work in Spain, you’ll only have to pay into the Spanish social security.
However, if you work in certain occupations or are only working temporarily in Spain, you may be able to get a certificate or document from HM Revenue and Customs (HMRC) to continue paying National Insurance contributions in the UK. This means you’ll not have to pay social security contributions abroad.
If you are concerned about the pension or pensions, you already had before the end of the transitional period (31/12/2020), these will continue to be paid in accordance with the principle of exportability provided for in the European regulations.
Finally, regarding your driving license, please note that it will be valid only until July 2021, after which you will have to replace your driving license with one valid in Spain and you will have to take a driving test.
In a next post, we will discuss how Brexit affects British citizens who reside or intend to reside in Spain after January 1, 2021. Don’t hesitate to contact us if it’s your situation and you need legal advising.