The Spanish Government has recently approved the Royal Decree-Law 5/2019 of 1 March, which adopts contingency measures for a possible Hard Brexit without agreement between the United Kingdom and the EU.

Article 2 of the Decree gives it a temporary character as well as conditions the validity of these temporary measures to the existence of reciprocity, within a maximum period of two months from the entry into force of the rule. Therefore, after this period of two months, it would be suspended in the event that the British authorities do not grant reciprocal treatment to the Spanish nationals or companies in the UK.

These are some of its highlights:

Legal residence:

Nationals of the United Kingdom residing in Spain before the date of withdrawal, as well as their relatives, will be obliged to apply for the documentation corresponding to their new status as citizens of “third countries” instead of citizens of the EU. The application to obtain this documentation must be submitted within twenty-one (21) months from the withdrawal of the United Kingdom from the European Union without agreement. During this period, the residence in Spain of the UK nationals and their relatives that were already residing in Spain before the withdrawal date will remain legal until their application is resolved. Certificates of registration as a resident and family cards of EU citizens will remain valid, as long as they are not replaced by the new documents or their validity is expired, and they will prove the legal status of residence in Spain.

Access to long-term residence: Nationals of the United Kingdom residing in Spain before the date of withdrawal and their family members can obtain a long-term residence permit when they have resided legally and continuously in Spanish territory during at least five years.

Work:

Nationals of the United Kingdom are also allowed to continue practicing permanently in Spain a profession or professional activity for which they have previously obtained the recognition of their professional qualifications and comply with the rest of the conditions to which the exercise of their profession might be subject.

National Insurance:

Unless it is previously adopted an international treaty, bilateral or multilateral, applicable in matters of coordination of the Spanish social security systems and the United Kingdom National Insurance, social security measures will be applicable for 21 months from the withdrawal of United Kingdom of the EU.

In particular, we will mention the following:

  • a) Nationals of the United Kingdom who, after the date of withdrawal from the United Kingdom, reside and work legally in Spain, being subject to Spanish social security legislation, shall enjoy equal rights and obligations in this area as Spanish nationals.
  • b) The national pensioners of the United Kingdom in charge of the Spanish social security system who reside outside of Spain at the time of withdrawal will continue to receive their contributory pensions and, where appropriate, the revaluations that correspond, as of that date, with exception of complements to minimums.

Healthcare:

Persons entitled to healthcare in the United Kingdom or in Gibraltar by the UK NHS will receive healthcare from the Spanish National Health System, in the same terms and subject to the same conditions established previously to the date of withdrawal, provided that the United Kingdom provides health care to Spaniards and nationals of other countries entitled to healthcare under Spain’s charge, under the same terms and conditions established prior to the date of withdrawal; and reimburse Spain for the expenses derived from the healthcare provided in the Spanish National Health System to nationals of the United Kingdom or citizens of any other country entitled to healthcare in the United Kingdom or Gibraltar by the corresponding British entities.

The health cards issued in favour of the citizens referred to in the previous paragraph, will remain in force and will be fully effective to receive healthcare in the services of the National Health System.

Date for the entry into force of the Royal Decree-Law:

In the event there is no agreement, it will enter into force on the day on which the Treaties of the European Union cease to apply to the United Kingdom in accordance with the provisions of Article 50.3 of the Treaty of the Union European. If there is a formalized withdrawal agreement between the European Union and the United Kingdom, in accordance with Article 50.2 of the Treaty on European Union, this Royal Decree Law would not apply.