Updated 20 March: The British Government has announced that Theresa May will trigger Article 50 to start the Brexit process on Wednesday next week, 29 March.
As I said below last month, the official position is that the residence situation of British nationals currently remains the same as before the referendum, and there is no additional requirement for a work permit or extra documentation, nor anything else to enable British nationals to continue living and working in Spain. The current requirements HERE remain valid until further notice.
Having said that, triggering Article 50 sets a clear start date for the two-year Brexit procedure, and since everything will then be a matter of negotiation, today’s announcement makes the next nine days a very good time for anyone who needs to formalise their legal position in Spain to do so. If you are living here and have not registered with the police, or are not on your local Ayuntamiento’s padrón, I would urge you to do so before Wednesday 29 March in case that date becomes significant in any determination of a right to remain in Spain.
Original post 7 February: The UK’s Foreign & Commonwealth Office has reminded British residents in Spain that their residence situation currently remains the same as before the referendum. The FCO’s page is HERE for general advice on residency requirements.
I myself am frequently asked about the situation of Brits in Tenerife now that the UK “has left the EU”, but the wording really should be “now that the UK has voted to leave the EU”. As of this moment, and until two years after article 50 has been triggered, the UK is still in the EU. The decision reached in the referendum is currently being taken through Parliament, and it seems that Theresa May intends to trigger Article 50 (a power that Parliament has now given her) by 9 March, which would then become the starting point of the two year negotiating period.
In the meantime, there is no additional requirement for a work permit or additional documentation, nor anything else to enable British nationals to continue living and working in Spain. The current requirements HERE remain valid until further notice.
Beyond that, absolutely everything else will have to wait for the two-year process of negotiations, and I will post any firm information as and when it becomes available throughout this period. In the meantime, I would urge anyone living here who is not registered with the police (and with a Certificado de Registro), or not on a council padrón, to do so immediately.
In this respect, it is worth clarifying one question I’m repeatedly asked by people who have or had plans to move over in the next few years, namely whether “following Brexit, would it be wise to apply for permanent residency now?” The answer is, of course, that as is clear from the link to the current requirements linked to above, those living here do not have a choice to “apply for residency” but are under a “requirement to register”. Anyone living here should already be registered with the police, and anyone who is planning to move over cannot guarantee anything by pre-emptively getting a Certificado de Registro now, which in any case would mean making a false declaration of residence in Spain.
In any case, everyone should bear in mind that the Certificado de Registro is a certificate for EU nationals, and so might be replaced by some other requirements once the Brexit procedure is complete and the immigration conditions for Brits as non-EU nationals are confirmed.
So to reiterate, the current situation will remain the case while Brexit negotiations continue, and everything will have to be determined by negotiations yet to come. Nothing firm can be said until those negotiations are completed. For my more general thoughts, please see the post I made HERE before the referendum took place. And for the UK Government’s advice for British nationals travelling and living in Europe in the wake of the Leave vote, please see THIS page.