The Brexit post: administrative error with some TIEs issued to be corrected by Spain

Updated 17 September: There is something of an issue with some of the TIEs issued so far. As Simon Monckton identified on 31 August in the comments section below, some cards say at the bottom that they are a ‘tarjeta de residencia de familiar de un ciudadano de la unión’ – in other words, the right of residence is not personal but by virtue of being a family member of someone with personal right of residence. This issue has been known about for some time and appears to be related to a few batches, an administrative error arising from the fact that those who were applying under the terms of the Withdrawal Agreement should tick a particular box whether they were applying personally or as a family member.

Do check your own card to see if you have the “wrong” wording on it. I wish to stress, however, that it is just this wording that is “wrong”, and that both the Immigration Authorities and the FCO have confirmed, categorically, that the cards are correct, valid, and function properly. It is just the wording, and we are currently waiting for instructions on what we need to do when the Spanish authorities have decided how, and if, to correct the matter.

Meanwhile, the UK’s own deputy Consul for the Canaries, Helen Keating, yesterday issued this confirmation and reassurance herself.

TIE UPDATE:

There has been an administrative error that may cause the new TIE cards for British nationals to be labeled as EU Family cards.

This means that instead of UK-specific TIEs, at the bottom of the card it says you are the family member of an EU citizen.

The error has been reported and we are waiting for a response from the Spanish authorities.

Updated 12 September: UK PM Boris Johnson has issued THIS statement about the current furore in the trade negotiations.

Updated 10 September: For those who are interested in the detail, there is an EU and UK Joint Committee, mutually chaired, which was set up specifically to oversee both sides’ implementation, application and interpretation of the Withdrawal Agreement. This has never met fully – until today, in response to the declaration by the UK Government that it intended to break international law by legislation in contravention of the Northern Ireland Protocol, an appendix to the Withdrawal Agreement. The Joint Committee met virtually, and the EU has now released the following statement.

Statement_by_the_European_Commission_following_the_extraordinary_meeting_of_the_EU-UK_Joint_Committee_

Updated 9pm, 9/9: Spain has responded to the UK’s declared intention of passing legislation that would break international law through violating the Withdrawal Agreement in a way that might have a familiar ring to it. Instead of Brexit Means Brexit, Spain’s Foreign Secretary Arancha González Laya has said tonight that the EU as a whole will defend the principle that Agreement Means Agreement, and that “lo acordado es lo acordado” – what is agreed is what is agreed.

The minister said that Spain is committed to trying to find a positive agreement but is preparing for a No Deal result to the trade negotiations. I stress that this is not a No Deal Brexit because the UK has already left the EU with a deal – the Withdrawal Agreement. It is this agreement that became fixed as an international treaty on being approved by the UK and the EU, and it is parts of this agreement that the UK is now seeking to amend in ways that would violate its terms in respect of the Northern Ireland Protocol (an appendix to the WA), and which the Government openly acknowledges will break international law.

Clio and I discussed this in our CanaryCast on Monday, the 7 September podcast with links HERE. I would just repeat here what I said there to alleviate any concern that people might have: in no respect are residents’ rights implicated in all this. Moreover, constitutional and international treatises experts have been emphatic that no single party to a treaty can void it: any violation of a treaty becomes the subject of an appeal to the relevant legal authorities, in this case it would be the EU appealing to the ECJ. The treaty would remain in place – and its importance to us is that it is the source of UK citizens’ rights, after Brexit, to remain in Spain under the same terms as when we were EU nationals.

Meanwhile the EU is closing ranks, and France is mulling financial penalties while Spain is insisting it still has hopes for agreement – the country is hoping for the best but preparing for the worst, is the message. Meanwhile, ripples of Brexit Means Brexit will be echoing González’ words around Europe tonight: Agreement Means Agreement.

Updated 9 September: The level of unwillingness to believe straight fact is quite incredible. I will just leave this here, it is from article 162.2e of Spanish law Real Decreto 557/2011.

La autorización de residencia temporal se extinguirá por resolución del órgano competente para su concesión, conforme a los trámites previstos en la normativa vigente para los procedimientos de otorgamiento, modificación y extinción de autorizaciones, cuando se constate la concurrencia de alguna de las siguientes circunstancias: …

e) Cuando se permanezca fuera de España durante más de seis meses en un periodo de un año.

(The temporary residence authorization (ie one that is issued to anyone here for under 5 years) will be annulled by ruling of the authority that granted it, in accordance with procedures provided for in regulations in force for the granting, modification and extinction of authorizations, when any of the following circumstances occurs: … e) When staying outside Spain for more than six months in a period of one year.)

You can register if you want but you must deregister when you leave, and re-register when you return if coming for more than 3 months, and if you can comply with the rules yet to be defined for registration next year. And if you do not deregister your registration will lapse anyway if you need to leave Spain because you have to be outside of the country for 6 months in order to retain your UK tax resident status.

This is all explained HERE, as it has been for some considerable time.

 Updated 7pm, 8/9: Given my mailbag today I need to explain the position more clearly … or at least more clearly than some evidently understand it presently.

Let’s use the term “settled status”. We all know what that means because in the UK it is for foreigners who are living in the UK. Spain is the same. The requirement is to register when you come to settle in Spain, and you have three months in which to do so. There’s no “window” or “gap” between this three months and the tax residency limit of 183 days because if someone is not coming “to settle in Spain” they should not be registering at all!

I repeat, if you are not coming here to live you do not register! What you do is limit yourself to 3 months OR get a visa. You do not register as residents because you are not residents. If you do, you are making a false declaration to the Spanish immigration authorities – as a non-EU subject and a complete third-country national – that you are coming here to live when you know full well that you intend to leave before your tax residency status changes.

So, if you are coming here TO SETTLE, you register. If you just want EU residence advantages but also to retain UK tax resident status, you have two choices: get a visa, or restrict yourselves to 90 day visits in any 180 day period. Neither will give you EU residence advantages but that’s the reality of Brexit, whether or not it was falsely called Project Fear in its time. It really was true, and it really is not difficult.  

Updated 8 September: The UK Government has updated its travel advice page HERE with the following information about entry requirements to Spain from January 2021. Their update is below but please do also see HERE for my own explanation of the rules and how they will apply.

Visas from 1 January 2021

The rules for travelling or working in Europe will change from 1 January 2021:

  • You will be able to travel to countries in the Schengen area for up to 90 days in any 180-day period without a visa for purposes such as tourism. This is a rolling 180-day period.
  • Therefore, if you’re travelling to Spain, previous visits to the Schengen area within the 180 days before your date of travel would count against the 90-day limit.
  • If you are travelling visa-free to Spain and to other countries in the Schengen area, make sure your whole visit is within the limit.
  • To stay for longer, to work or study, or for business travel you will need to meet the entry requirements set out by Spain. This could mean applying for a visa or work permit. You should check with the Spanish Embassy what type of visa, if any, you will need.
  • Periods of stay authorised under a visa or permit will not count against the 90-day limit.

The European Commission has not yet set out how the limit of 90 days in any 180-day period for visa-free travel will be implemented for those who are already travelling in the EU or Schengen Area on 31 December 2020.

If you are travelling to Spain before 31 December 2020 and will stay until 1 January 2021 or later, you should check with the Spanish Embassy for information on how the 90-day visa-free limit will apply to you. This also applies if your stay includes travel to other Schengen area countries.

At border control for Spain, you may need to:

  • show a return or onward ticket
  • show you have enough money for your stay
  • use separate lanes from EU, EEA and Swiss citizens when queueing

Your passport may be stamped on entry and exit.

I just have two points to add that come from Spain, and they are that the 90 day period starts to be counted from 1.1.21 for those who are already in Spain, and that comings and goings will be digitally recorded whether or not passports are physically stamped.

Updated 27 August: It’s exactly a fortnight since my last update about submitting a request to transfer from the green Certificado de Registro to the new third-country nationals’ ID card, the TIE, and so it’s exactly a fortnight between application and collection! I was at the police station this morning in Playa de las Américas to get my new card, and the procedure is absolutely as simple and straightforward as it could be. One simply turns up, between 8.30am and 1.30pm, and waits outside the ramp up to the main doors where a police officer comes every five or so minutes and asks those waiting what they’re there for. You tell them you’re there to collect a TIE and you’re taken in in groups of around four at a time.

Inside, a police officer takes the white A4 receipt for the application and the passport, goes to get the card and then checks that the finger print machine recognizes you – to prove it’s you as well as to confirm that the card contains a recognizable scan of the print. And that’s it!

Applications are processed in batches in Madrid and then returned to the issuing police stations. The white A4 receipt for the application will contain a batch number, and Diana McGowan of The One Stop Problem Shop and Miranda Parsons of TFS Translations are both posting the latest batch numbers ready for collection so just check their social media or websites to see if the number quoted matches the one on your receipt.

Updated 13 August: Just to reassure anyone who’s been concerned about the transfer process from a Registro to a TIE, I did mine this morning. There was a very nice Extranjería officer, Rosa, who was down from Santa Cruz to the police station in Las Américas, and she took our documents*, chatted to us (through mascarilla and pantalla!), returned passports (remember to take a copy!) … and then place right index finger on the machine and then same finger back on the machine and roll left and right, change to left index finger and repeat … ya está!

*The documents were:

  • proof of appointment (print yours off because some officers, like Rosa, want to keep a copy in their file)
  • solicitud (EX23)
  • modelo and payment receipt (you can most easily scan the modelo under the scanner in a Caixabank ATM)
  • passports (remember the copy, which only needs to be of the page with your details and photo on!)
  • original registros
  • photo (carné size, not UK passport size)
  • No empadronamiento was needed but Rosa did just check we were still at the same address as on the Registro, and so if your current address doesn’t match your Registro (it should but if it doesn’t), you’ll need a valid (ie no more than 3 months old) Certificado de Empadronamiento.

And so we no longer have a Registro and instead have a receipt with a batch number on it, and we go back to collect whenever it’s ready, in probably around a month! It really is that simple – when they said “virtually automatic” they weren’t wrong! –  but bureaucracy does worry people, and with good reason when it’s out of their normal experience and comfort zone, so it might well be and certainly will feel easier with someone holding your hand! I would stress that even for someone speaking Spanish, that mask and perspex screen really make it difficult to hear and understand what’s being said, for me anyway. Options I’d recommend personally to help are Miranda Parsons of TFS Translations, Diana McGowan of The One Stop Problem Shop, and Sarah Knowles.

Updated 8 August: It was confirmed yesterday by the EU Commission during a Joint Specialised Committee discussing citizens’ rights that British nationals resident in Spain or another EU country will be able to move to a different EU country after 1.1.21 and won’t lose their right of onward movement under three clear conditions:

  1. they started to reside permanently in Spain (or other EU country) before 31.12.20,
  2. they have permanencia from being legally in the country for a minimum of five years, and
  3. they can demonstrate their permanencia with their biometric residence document.

This right will be enjoyed by all registrants from now on once they’ve been here for five years, but those who’ve already got Registros and who might need to benefit from this right might now consider it best to change to the TIE because the biometric residence document referred to is the new TIE, not just the old paper registration Certificado de Registro.

Updated 24 July: I’ve had a few enquiries about private medical insurance policies now, specifically for the purposes of registering for the TIE, and there seems some confusion, so let me clarify. We all know that if you’re not working, or self-employed, or (until 31 December) retired with an S1, you need private medical insurance. The most important thing when you are comparing policies and making your decision, however, is to be sure to find out how the policies you’re considering view pre-existing conditions.

Any private medical insurance policy taken out for registration purposes MUST provide at least the cover that you’d get from being registered in the state system. This means that a policy MUST NOT exclude any treatments, or require a co-payment. This also means that you absolutely categorically MUST declare pre-existing conditions to ensure the policy does what it has to do for your registration to be legal.

Sorry to be a “scaremonger” but if your registration is not legal, from 1 January 2021 we won’t have the protection we’ve enjoyed so far as EU nationals. So far we have been in clover, as EU nationals safe in Spain because we couldn’t be chucked out, couldn’t be refused entry. Those days are gone.

So be very sure which medical insurance you buy, not least to save money by avoiding signing up for a policy that’s all but useless, at least for registration purposes. And if you have doubts about whether your final choice of policy meets the requirements, check with the Tenerife Extranjería … specifically the one here because other regions may have different views, and the view that matters is that of the Comisario him/herself in the Extranjería you have to go to. Not another one in a different part of Spain.

HERE is the FCO’s own confirmation of the policy requirements.

Updated 14 July: This is wonderfully supportive and reassuring. Thank you Spain, and HMA Hugh Elliott and your team too.

Updated 8 July: Just a reminder of the Facebook Live session later today held by the UK’s Ambassador to Spain, Hugh Elliott, and Embassy and Consular members in Spain. Given the questions I’ve had since Saturday when I posted the explanation just below about the new TIE and the end of the Registro system, many will be well advised to listen in, and ask their questions direct to the British authorities. The webinar starts at 7pm, and I can now confirm that that’s Madrid time so anyone in the UK or Canaries should be online at 6pm – facebook.com/britsinspain – for any questions about residency, healthcare, pensions, and the UK’s exit of the EU.

Updated 3pm, 4/7: This is an initial interpretation of the rules for the TIE which come into force on Monday 6 July. Please understand that clarification is still needed on various issues, and most importantly, that information from various parts of Spain will be different for the simple reason that decision-making power over applications is explicitly placed in the hands of the chief of an extranjería, so this will have some variance throughout the whole of the country. Whatever is reported to be happening in Barcelona, for example, or even Gran Canaria which is in a different province, may not be in line with what is happening in the province of Santa Cruz de Tenerife, comprising Tenerife, La Gomera, La Palma and El Hierro. It will be vital for everyone to check the rules in place in their own specific extranjería. In Tenerife, this will be Santa Cruz. Do bear in mind, too, that any decisions can be appealed to whichever is the relevant Government/sub delegation.

The new Resolution clearly states that UK nationals can enjoy the right of free movement in Spain until the end of 2020, i.e. the end of the Transition Period. Those who have exercised their right to reside or work in accordance with EU law before it ends, therefore, and who continue to do so after that, will have exactly the same rights under the Withdrawal Agreement as those who arrived before Brexit, being also subject to the same restrictions and limitations. Anyone who arrives after the end of the Transition Period will naturally be considered a third-country national and will be subject to the general provisions in place for third-country nationals unless special arrangements are put in place for future movement: there are negotiations ongoing throughout 2020 so there are just short of six months in which some may be agreed.  

Under the Withdrawal Agreement, Spain did have the right to require British nationals to apply for an entirely new residence status or undergo a completely different documentation process, but is not doing so, and therefore in accordance with the provisions of EU Directive 2004/38 concerning citizens’ rights, British nationals will instead receive a residence document expressly stating their status as beneficiary of the Withdrawal Agreement. 

As I understand it, although some applications for registration may not be able to be processed before the end of the year, they must actually have been submitted before the end of the year to be valid under Transition Period rules. These new TIEs will be valid for five or ten years depending on the applicant’s temporary or permanent residence status. Applications can be submitted from Monday 6 July. Those who arrive after the transition period must apply within three months of their arrival in Spain. TIEs will either bear the date of issue or, in the case of TIE replacements for Registros, the date of initial issue of the Registro not the TIE, so my understanding is that no rights of permanencia will be lost, in fact it appears that they will be explicitly protected.

The application procedure is different for those with Registros of under 5 years (called temporary), those with ones over 5 years (called permanent), or those without Registros at all. In each category application will require either one step (at authorized issuing police stations) or two steps (at an extranjeria first for application and then the issuing police station for collection). In all cases a modelo will need to be prepaid at the bank. It appears that anyone with a Registro will be able to apply to issuing police stations whereas those without must apply first to the extranjería and then collect the card when it’s ready from an issuing police station.

Those with Registros which are temporary/under 5 years:

  • EX 23
  • valid and current passport (or proof of reapplication for expired passports)
  • modelo 790 (code 012)
  • photo (ID card size – ie smaller than passport size).
  • The TIE will be a temporary one valid for 5 years and will say Temporary”; it will be automatically renewed for a permanent one at the end of this period.

Those with Registros over 5 years but not bearing the word permanente:

  • confirmation of the duration of residence (this is not defined but should be a simple confirmation of the date of issue of the Registro),
  • EX23
  • valid and current passport (or proof of reapplication for expired passports)
  • modelo 790 (code 012)
  • photo (ID card size – ie smaller than passport size).
  • The TIE issued will be a permanent one valid for 10 years and will say Permanent. It will be automatically renewed at the end of this period.

Those with Registros bearing the word permanente:

  • EX23
  • valid and current passport (or proof of reapplication for expired passports)
  • modelo 790 (code 012)
  • photo (small size).
  • The TIE issued will be a permanent one valid for 10 years and will say Permanente. It will be automatically renewed at the end of this period.

Those applying for the TIE before 31 December 2020 with no Registro:

  • EX20
  • passport
  • legally admissible documentation accrediting start of residence in Spain under qualifying criteria as per Article 3 of Order PRE/1490/2012. This means:
    • employment contract or autonomo alta
    • health insurance for non-workers
    • pensioners’ document from own country showing entitlement to cover – the UK has indicated the S1 will continue to be accepted for registrants before 31 Dec
    • proof of sufficient resources (undefined) but currently €5,200 in Tenerife
    • in some circumstances (undefined) extranjerías may request a criminal record check.
  • Once the application is received, a receipt will be issued immediately to prove its submission and this document will be sufficient to grant legal stay status until the TIE is issued, which will be within three months. It will be collected from an issuing police station. Any applicants failing to meet the criteria will be advised and have ten working days to correct; if they fail to do so they will be deemed to have withdrawn their application. On collection of the TIE from the issuing police station, applicants will need
    • EX23
    • passport
    • proof of payment of the modelo 790
    • photo

Unlike the Registro, a system applicable to EU members which requires just one registration and no renewal, holders of the TIE must renew after 5 years (if they have a temporary TIE) or every 10 years (once they have a permanent TIE).

A final few points:

  • it appears that existing applications for Registros will be processed as though the application were for a TIE
  • the EX23 and EX20 application forms are HERE
  • The transfer from Registro is optional but as I’ve already said, the situation of a British national who doesn’t change over to the TIE and whose Registro is subsequently lost or damaged is currently unclear. I’m hoping to get clarity on that in the near future.

Beyond this, I think we just have to wait for Monday to see how this pans out in practice, and to confirm what criteria are actually imposed in Santa Cruz or any other extranjería.

Updated 4 July: HERE is today’s publication of the Spanish Government’s regulation for the issue of residence documents for British nationals as stipulated in article 18.4 of the Brexit Withdrawal Agreement. I’ll come back to this later but thought some might be glad of the link to be getting on with.

Updated 3 July: The UK’s Ambassador to Spain, Hugh Elliott, and Embassy and Consular members in Spain are holding a Facebook live session next Wednesday 8 July. It starts at 7pm, but I imagine that’s Madrid time so best to be online at 6pm in case. They say “If you are a UK national living in Spain and have questions about residency, healthcare, pensions or any aspect of what EU Exit means for you, join us over on facebook.com/britsinspain for a live Q&A next Wednesday. See you there!”

Updated 3pm, 2/7: This will have to take the place of multiple email replies. No-one need, should, or even can do anything right now so the question “what do I have to do” is pointless. The system is mid-change, a change we always knew was coming, and we will be told next week, hopefully but not certainly on Monday, what the new system will be. Those who already have a Registro (Green NIE/residencia/whateveryoucallit) of any size or shape, as long as it’s green, will apparently not be required to exchange it for the new TIE – but I am awaiting final confirmation of that from the Spanish authorities along with confirmation of what happens to a British national who doesn’t change over to the TIE and whose Registro is subsequently lost or damaged. New registrations cannot start until Monday at the earliest and at present we have no details about what criteria they will have to fulfill. As such, none of us can do anything right now: when that situation changes we will be informed, I will post about it along with the FCO and other official and media sources, and so there is no need or point to email asking for information beyond this. There is none.

Updated 2 July: The FCO is holding a Facebook Live Q&A session with HMA Hugh Elliott on Wednesday next week, 8 July, at 7pm – I imagine that this will be Madrid time, and if so that will be 6pm Tenerife or UK time. Questions can be posted in advance HERE. The FCO does stress that this session will also deal with other issues of concern like healthcare access, pensions, driving and future travel.

Updated 1 July: And now I have multiple confirmations that existing appointments for this week are cancelled. Not all advisers are being told, so one poor person was up at 6am to go to Santa Cruz from south Tenerife this morning and was told the appointment had been cancelled without notification. Other, perhaps better known advisers, were informed directly to cancel all their appointments with their clients because they would not be honoured. Bottom line is forget Friday. The Registro system is now over. Monday for the TIEs … and we await confirmation of the criteria.

To repeat and reassure:

  • if you have a Certificado de Registro already, this remains legal, it is indeed the only official proof of legal residence that exists
  • it appears that the transfer to the TIE will be optional – I am awaiting incontrovertible official confirmation of that, along with the system for changing over to the TIE for those who do want to get a new card instead of the paper Registro
  • the criteria imposed from Monday should be the same as they have been previously for the Registro even though the new TIE is not an EU nationals’ document. The Withdrawal Agreement means that through this year, a period known as the Transition Period, we are treated the same and have absolute rights to settle in Spain under the same conditions as always. It would not be the first time, however, that an Extranjería had imposed an incorrect interpretation on a system involving foreigners – anyone remember the farce over the instruction that we had “to renew our Registros every five years”? That took 18 months to challenge and overturn. We don’t have 18 months before the Transition Period ends on 31 December so let’s hope there is no issue with this. We will know soon enough, anyway.

Updated 3pm, 30/6: Unfortunately my advice to get an appointment this week to be sure of being subject to the old rules is no longer relevant. As I understand it as of this afternoon, there are no further appointments available for UK nationals to register under the old EU-nationals Certificado de Registro system. All we can do now, it seems, is await the confirmation of the criteria that will apply to new registrants when they start being processed for the TIE from Monday. I hope also soon to have confirmation about the transfer process for those who need to exchange an existing Certificado de Registro for the new TIE.

Updated 30 June: The Extranjería in Santa Cruz have said this morning that they are awaiting confirmation from Madrid as to which rules to apply to new registrations from next Monday. As I’ve been saying lately, the replacement for the Certificado de Registro (green NIE/residencia), the new TIE, will be issued from next Monday 6 July. From that date only the TIE will be issued, not the old Registro. The TIE is a third-country (non-EU) nationals’ identity card whereas the Registro is an EU nationals’ registration document, and when people apply for the TIE the qualifying criteria are considerably tougher than those for EU nationals. What we have never known for sure is whether British nationals would have to satisfy the same criteria as, say, Americans, or whether their unique status as third-country nationals who are also ex-EU nationals would mean that they would have individual criteria applied to them. We still don’t know yet but are soon to find out, clearly.

This should be irrelevant to British nationals seeking to register in what remains of 2020 because this is still the Brexit Transition Period wherein we are covered by the guarantee of our rights contained within the Withdrawal Agreement, signed off by both the EU and UK. As such, the original EU-national criteria that applied when people registered and got their green Registro should still apply even though the new TIE is a third-country nationals’ ID card. None the less, we are still awaiting confirmation of what rules will be in place and so I can only repeat the strongest advice I was able to give yesterday, namely that anyone who can should register this week to be absolutely certain that they only have to comply with the existing rules.

I’m sorry to give an “information update” that has no confirmed information but I know how concerned so many people are. As soon as there is clarity naturally I will update this.

Updated 29 June: The chief of the Extranjería in Santa Cruz has said today that anyone who is hoping to register and acquire their green Certificado de Registro before the TIE starts to be issued in the first week of July needs to do so this very week, before Friday, because the TIE will start to be issued next Monday, 6 July.

Before this morning, I would have reported this with the reassuring comment that under the terms of the Withdrawal Agreement, anyone who registers during the Transition Period will of course not need to be concerned because the same registration criteria will continue to apply as currently, but I cannot do that at present. Indeed, I am seeking clarification on the officially-sourced information that despite all assurances and legalities, new third-country criteria (the details of which I still have to get confirmed as they apply to British nationals) are nonetheless to be applied from Monday.

If you have put off registering but intend to do so, and have any means at all of doing so this week, then I most strongly recommend that you do so.

Updated 28 June: The Spanish Government has announced that British nationals resident in Spain can apply to exchange their Certificado de Registro for the new TIE – Tarjeta de Identidad de Extranjero – from the first week of next month. The uniform format card will specifically assert that their residence is subject to the rights established in the Brexit Withdrawal Agreement, and will be issued by personal attendance at a prior appointment. At present these appointments, which I understand are currently only available in Santa Cruz, are as rare as hen’s teeth … so don’t worry about any need to hurry because a Certificado de Registro remains valid since it proves existing legal residence. At last, though, we now know that the card’s format is finalised, and that we will be able to return to the useful plastic credit-card style document we used to have before the residencia system was abolished in 2012 and replaced by the registration/Registro system and its paper document. 

Updated 18 June: This might not apply to many but it could apply to some British nationals. The European Court of Justice has published today its ruling that a family member of a non-EU national who has permanent residence (so like a British citizen with a Registro/TIE) will not be required to have a visa to enter the EU. The ruling is HERE.  

Updated 15 June: British PM Boris Johnson has said he wants a deal by the end of July at the latest, and that he doesn’t want negotiations carrying on until autumn. His comments come following a high level meeting with the EU Commission and Council, from which the following joint statement has been released:

Prime Minister Boris Johnson met the President of the European Council Charles Michel, the President of the European Commission, Ursula von der Leyen, and the President of the European Parliament, David Sassoli, on 15 June by videoconference to take stock of progress with the aim of agreeing actions to move forward in negotiations on the future relationship.

The Parties noted the UK’s decision not to request any extension to the transition period. The transition period will therefore end on 31 December 2020, in line with the provisions of the Withdrawal Agreement.

The Parties welcomed the constructive discussions on the future relationship that had taken place under the leadership of Chief Negotiators David Frost and Michel Barnier, allowing both sides to clarify and further understand positions. They noted that four rounds had been completed and texts exchanged despite the challenges presented by the COVID-19 pandemic.

The Parties agreed nevertheless that new momentum was required. They supported the plans agreed by Chief Negotiators to intensify the talks in July and to create the most conducive conditions for concluding and ratifying a deal before the end of 2020. This should include, if possible, finding an early understanding on the principles underlying any agreement.

The Parties underlined their intention to work hard to deliver a relationship, which would work in the interests of the citizens of the Union and of the United Kingdom. They also confirmed their commitment to the full and timely implementation of the Withdrawal Agreement.

Updated 1 June: It seems like another world, another time! But the Transition Period continues and this is the last month in which the UK could request an extension to it but of course it has consistently said that no such request will be made. If it is not, then the Transition Period will end on 31 December, with whatever agreements, if any, have been made by that point. Meanwhile, the FCO has issued the following update:

As you may be aware, negotiations are continuing on the UK’s exit from the EU and some of you have asked what that means for you as UK nationals living in Spain. Please remember that citizens’ rights are already protected by the Withdrawal Agreement, which was ratified by the UK and the EU in January. This guarantees your rights and means that as long as you are legally resident here by the end of 2020:

  • you will be able to continue to live and work in Spain
  • UK state pensioners will continue to have lifelong healthcare access as long as they remain living in Spain (this also applies to residents who claim a UK state pension in the future)
  • and your UK state pension will continue to be uprated.

Therefore, our key message remains to register as a resident as soon as you are able. Many of you have contacted us to ask when residency appointments will be available again, given the recent coronavirus lockdown. We understand that in those provinces that have now moved into phase 2 or 3 of the Spanish Government’s de-escalation plan, some offices are opening a limited number of appointments. However, many may not have their appointment systems back up and running yet. You should keep checking the Spanish Public Administration portal (https://sede.administracionespublicas.gob.es/icpplus/index.html) to see if appointments are available in your area. You may need to be patient as provinces are lifting restrictions at different rates.

Some of you have also asked us about the introduction of the TIE (Foreigner Identity Card), the residence document that will explicitly show you have rights under the Withdrawal Agreement. The Spanish authorities have not yet announced when this will be introduced. In the meantime, those registering for the first time will be issued with the green residency certificate.

HMA Hugh Elliott said: I know that because of the suspension of residency appointments during the state of emergency, many UK nationals are concerned about their ability to obtain the correct documentation before 31 December. I want to reassure people on two points. If you already have the green residency certificate, your core rights are protected and it remains a valid document, even after the end of the transition period.

If you don’t yet have your green residency certificate there is, likewise, no need for alarm. We continue to advise people to get an appointment as soon as you can. However, as long as you are living in Spain and can prove that you satisfy the legal conditions of residence (ie. sufficient income and access to healthcare) by 31 December 2020, your rights are assured even if you are not able to get the physical document before the end of the year.’

Another of our key messages continues to be to exchange your UK driving licence for a Spanish one. For those who are yet to do so, the Dirección General de Tráfico (DGT) has provided information on their website about the Jefaturas Provinciales opening for appointments in those areas that have moved to phase 2 or 3. The page also provides instructions on the measures citizens must take when attending their appointment. Further information is available here: http://www.dgt.es/es/prensa/notas-de-prensa/2020/Las_Jefaturas_Provinciales_de_Trafico_reabriran.shtml. Remember, you will be able to exchange your driving licence until the end of 2020 without taking a test, so please do make an appointment as soon as you are able to.

For further information for UK nationals visit:

gov.uk/livinginspain
https://www.lamoncloa.gob.es/lang/en/brexit/howtoprepare/Paginas/index.aspx
facebook.com/britsinspain

Updated 12 March: A reminder in case you missed it that the Brexit information meeting today in Siam Mall was cancelled the other day because of the evolving Covid-19 situation. The Embassy has indeed now cancelled all outreach meetings throughout Spain. The FCO reminds the public that there is information available at https://gov.uk/guidance/living-in-spain and you can also register for updates, and anyone with a specific question can send it to www.gov.uk/contact-consulate-santa-cruz-tenerife. The Embassy will also hold a Facebook Live event to respond to questions from UK Nationals before the end of March.  They, and FOCUS, apologise for any inconvenience caused but this is for the safety of all.

Updated 4pm: The Siam Mall meeting on Thursday has been cancelled. As I explained previously, FOCUS had been concerned about it going ahead but the FCO were enthusiastic. Now, however, the FCO has issued this statement:

Given the fast-moving situation with regard to Coronavirus in Spain, we have decided to err on the side of caution and postpone all our physical outreach events until further notice. This follows the advice from Spanish health authorities to avoid unnecessary journeys and limit meetings in the region of Madrid and Alava in the Basque Country. We will aim to reschedule these events as soon as we can, once the situation becomes clearer. We will set up a Facebook Live event to respond to questions from UK Nationals before the end of March.  We apologise for any inconvenience caused.

Updated 10 March: There is confirmation this morning from the FCO that there will be no change to EHIC use during the transition period. Moreover, the EHICs of those in the following categories who are legally resident in Spain before 31 December will continue to be valid for as long as they live in Spain:

  • UK state pensioners living in Spain at the end of Transition Period,
  • UK students studying in Spain at the end of Transition Period,
  • Individuals who are frontier workers at the end of the Transition Period, for as long as you continue to be covered by the Agreement

UK Nationals who are resident in Spain and hold a member state EHIC (Tarjeta Sanitaria Europea), will be able to continue to use this to access healthcare within the EU and the UK both before and after the Transition Period, for as long as you remain legally resident in Spain.

Updated 4.15pm: Just a reminder that there is an open meeting next Thursday 12 March upstairs in Siam Mall for everyone with questions about how Brexit will affect their status as swallows or residents in Tenerife now that the UK has left the EU and is in the Transition Period which lasts until 31 December this year. The meeting will be from 11.30am to 1pm and has been arranged by the Adeje FOCUS group and although we were wondering whether or not it should still go ahead because of the virus outbreak, the FCO is enthusiastic about it continuing as planned.

As I said in the 21 Feb update below, the British Consulate has been excellent in liaising and cooperating fully with us to host the meeting for everyone with questions about how Brexit will affect their status as swallows or residents in Tenerife. The Consul for South Spain and the Canaries, Charmaine Arbouin, will be present along with the Canaries’ Vice Consul Helen Keating, and Clio O’Flynn and myself.

Updated 4pm: The UK Government has allocated £3m to support UK nationals in the EU. The monies will assist British nationals to apply to protect their residency rights in Spain along with several other EU countries, with charities and organisations receiving funding to provide practical support for UK nationals living in the EU with their residency applications. This includes groups who are potentially at higher risk and who may find it harder to complete all the paperwork required for residency applications, including pensioners, disabled people, those living in remote areas or who have mobility difficulties, and those who require help with language translation or interpretation.

One of the beneficiaries of the fund is Age in Spain – a charity that helps older British expatriates. They will be working across Catalonia and the Balearic Islands, while Asociación Babelia will be providing support in Alicante. Foreign Secretary Dominic Raab said that “These organisations are doing vital work to support UK Nationals in the EU and this funding will help secure their rights under the Withdrawal Agreement, so that they are given the security and stability they need.”

British Ambassador to Spain Hugh Elliott said that the “fund will be a valuable complement to the extensive work that our consulates have been doing over the past three years to prepare UK nationals for our departure from the EU. The chosen organisations will be able to provide one-to-one, specialist support to those citizens that need it most; helping them to register as a resident and secure their rights under the Withdrawal Agreement.”

Now that the UK has left the EU, some UK nationals living in certain EU member states will need to take actions to secure their residency rights, so that they can continue to live and work in their host country as now. Over a million UK nationals live in EU and EFTA countries, more than 350,000 of them in Spain. Charities and organisations based in Spain, who are receiving funding from the ‘UK Nationals Support Fund’ include Age in Spain, Asociación Babelia, and the International Organisation for Migration.

Under the terms of the Withdrawal Agreement, UK nationals living in the EU at the end of the transition period can continue to live and work in their host country. Anyone who is legally residing in Spain by 31 December 2020 will be covered by the Withdrawal Agreement. As part of the ongoing information campaign, the government is encouraging all UK nationals in the EU to visit the Living in Guide on gov.uk for the country they live in and sign up for tailored alerts to receive the latest information about what actions they may need to take. Further details on how to contact implementing organisations will be available soon; UK nationals in Spain should subscribe to gov.uk/livinginspain for updates.

Updated 6 March: There’s a good article HERE about research done throughout Spain, including with some of us here in Tenerife, by Karen O’Reilly, sociology professor at Loughborough University, and part of the thinktank of Anand Menon, called the “rockstar professor” because he’s become famous for sometimes being the sole sane voice on TV discussion programmes or news slots about Brexit. Karen’s actual report can be read HERE,

Updated 27 February: TFS Translations, an agency which organizes buses of people to register in Santa Cruz, has said today that appointments to register have been extended until 13 March. TFS Translations say that they will continue to assist both with paperwork and transport to Santa Cruz for foreigners living in Spain to register with the police and acquire the Certificado de Registro (residencia/green NIE) which is the only proof of legal residence in Spain unti we are transferred to the new TIE system which has still not been unveiled.

Updated 21 February:  Adeje FOCUS group is very grateful to the British Consulate for liaising and cooperating so fully with us to host an open meeting for everyone with questions about how Brexit will affect their status as swallows or residents in Tenerife now that the UK has left the EU and is in the Transition Period which lasts until 31 December this year.

The Consul for South Spain and the Canaries, Charmaine Arbouin, will be at the meeting along with the Canaries’ Vice Consul Helen Keating, and Clio O’Flynn and myself. The meeting is on Thursday 12 March from 11.30am to 1pm upstairs in the open meeting area in Siam Mall. We have an event page on Facebook HERE, and hope to see you there!

Updated 16 February: Good news tonight for British residents in Spain with regard to the ETIAS scheme that is coming into force through the EU from next year. The EU has confirmed the following to Debbie Jayne, Admin of the Brexpats Spain group run by Anne Hernandez, in respect of the scope of application of the new regulation which will require all third country nationals to get an ETIAS permit before travelling into the EU if they have a Schengen visa exemption, as will British nationals. The EU has confirmed that this will not apply to British nationals who are legally registered as resident in Spain, though it is now formally confirmed as applying to British nationals who are not. The EU says:

ETIAS stands for European Travel Information and Authorization System. The European Union has created this visa waiver program to protect and strengthen its borders. The main goal of the ETIAS visa waiver for Europe is to identify possible threats or risks associated with visitors traveling to any of the Schengen Area countries. The ETIAS visa waiver program will be needed to enter a Schengen member country. In 2021, all visitors that currently do not need a visa to enter Europe will be expected to apply for an ETIAS travel authorization.

The ETIAS for Europe will grant travelers authorization to visit the ETIAS countries, which are the 26 members that compose the Schengen Zone. The countries that make up this specific region acknowledge the abolishment of internal borders with other member countries.

Currently there are 60 countries that will need to apply for an ETIAS visa waiver when visiting the Schengen Zone. It is likely that ETIAS will be available to more countries in the future.

The ETIAS visa waiver has been designed for short-term stays of up to 90 days. Tourism and business travelers will be expected to have an approved ETIAS when traveling to any of the Schengen member countries.

Clearly, in the wake of Brexit, UK citizens will be required to process and obtain an ETIAS document prior to embarking on their trip to the Schengen member states.

However, your query raises whether this new requirement will also apply to UK citizens who are already residents in the EU, and who hold a residence permit issued by a member states. In other words, will UK citizens, holders of a residence permit issued by a member state of the EU be exempt from obtaining an ETIAS?

In short the answer is yes.

The answer to this question is provided under article 2 of Regulation (EU) 2018/1240 of the European Parliament and of the Council of 12 September 2018 establishing a European Travel Information and Authorisation System (ETIAS). https://eur-lex.europa.eu/eli/reg/2018/1240/oj

When travelling within the Schengen territory, e.g. from Spain to Portugal, you are travelling through an internal border, thus no border checks normally apply. When travelling through an external border, e.g. when travelling between the UK and Spain in the future, as a Spanish resident, and holder of a Spanish residence permit, you are currently outside the scope of application of the ETIAS Regulation and not required to process and obtain an ETIAS.

Updated 14 February: I have become aware that at least one “gestor” in Tenerife is telling people that British residents will have to change to the TIE in March, and that anyone not registered by 28 February cannot make the change or register. This is not true.

I have got confirmed information this morning from the FCO that during the transition period which is the whole of this year, British nationals will be able to move to Spain and register as resident according to the same criteria as before 31 January. Any British national legally resident in Spain by the end of the year will be covered by the Withdrawal Agreement and enjoy the rights that it protects for as long as they remain living in Spain.

Anyone who already has a Certificado de Registro (green residency document, whether A4 or credit card sized) will have a document that remains valid and proves not only legal residence but that they are a beneficiary of the Withdrawal Agreement … and this will remain true even after the end of the transition period. No action needs to be taken at present.

For those who still need to register their residence and who do not yet have a green residence document, more appointments will be made available to enable registration under the current process until at least 28 February. The Spanish authorities are currently working with the European Commission to introduce a new document for British nationals who fall under the Withdrawal Agreement – the Foreigners’ Identity Card, or TIE to use its Spanish initials. This card will explicitly say that the holder is a beneficiary of the Withdrawal Agreement.

And so anyone who says they already have a British TIE is either wrong or being untruthful. And anyone who says that 28 February is the limit for registrations is either wrong or being untruthful. To be explicit: we do not yet know when the new TIE will be introduced. Once it is in circulation, anyone who applies for residency before 31 December will be issued with the TIE rather than a Registro. Anyone who has a green certificate will have the right to request a TIE.

The FCO also confirms that there will be no deadline by which time those UK nationals already in possession of a green certificate must have a TIE, so there is no need to panic.

Updated 11 February: New appointments for up to 28 February have been made available on the Extranjería website HERE for the old EU green Certificado de Registro, which will continue to be issued to British nationals who are resident in Tenerife for at least three months.As far as I am aware the existing criteria will still be applied until the end of the month. Beyond this, we await further information.

One important further thing. I’ve had enough enquiries now to make me understand that I need to be explicit in saying that anyone living here is by definition “resident”: the fact that someone might be planning only to live here for a while, or return to the UK, or doesn’t consider themselves resident, or doesn’t want to be resident … none of this signifies. There are people here saying they’ve been here thirty years but aren’t “resident”. The logic escapes me but the fact is that if you live here, you are resident. And as such, you are required by law to register with the police. Anyone not doing so is an illegal immigrant. It really is that simple.

Updated 5 Feb 2pm: As I posted on Monday, all we have confirmed at the moment is that the current criteria for registration will apply until 14 February. Today, we have been advised that the Extranjería in Santa Cruz has put registration appointments on hold from 14 February. Whether this pause is to introduce the new criteria that will be put in place at some point, or whether it’s connected to the TIE, at the moment we don’t know.

While I’m here, the photo below is one that was taken of a meeting of advisers, charities, etc and the Consulate team with the UK’s Ambassador to Spain (the very tall man in the middle behind me) who visited the Canaries with his wife last month.

Updated 5 February: A reminder of the website for people to check the 90/180 days rule: please see the information and calculator HERE. As it says:

Short-term visitors to the Schengen countries that do not need a visa and holders of multiple entry visas valid for at least six months and with 90 days of duration of stay, are not permitted to spend more than 90 days within 180 days in the territory of the Schengen Area.

Travelers often get confused by this rule, and fail to calculate how long they have stayed in Europe, and how long they are permitted to remain.

Please note: the period is not calculated by calendar year. This means that visitors cannot come for 90 days in October, November and December and then stay on for January, February and March as a separate 90 days in a separate year. This is because the 180-day period keeps rolling.

British nationals will not need a visa to enter the Schengen area after the Transition Period which ends 31 December this year. Extranjería has said they will start stamping British passports on 1 February this year so they will be able to monitor the system.

British visitors are expected, however, to need an ETIAS to enter the EU/Schengen Area, as will British nationals resident in Spain who are going to another EU/Schengen area country. Resident British nationals will not need an ETIAS to return “home” to Spain from the UK. There is full information on ETIAS in the post HERE.

Updated 3 February:  The Consulate has confirmed this morning that the criteria for registering with the police and obtaining the Certificado de Registro – the only document that proves legal residence in Spain – will remain the same as previously until 14 February. Beyond that we have no confirmation presently as to whether criteria will remain the same, change a little, or a lot. Once there is an update I’ll clarify, of course.

With regard to registrations themselves, they are still exclusively at present in the Extranjería in Santa Cruz, but from now appointments are strongly recommended. Those who turn up will probably be seen at some point but the only sensible advice right now is to make an appointment. That must be done online: as before the website to do so is HERE. There are no more block bookings or accompanied visits by the Adeje FOCUS group which has helped British nationals register before the UK left the EU. From now, registrants who do not speak Spanish will need to engage a translator privately to accompany them.

As and when there’s more information, of course I’ll publish it here.

Updated 31 January, 11.05pm: As I publish this update at just past 11pm in the UK and Canaries, midnight CET, the United Kingdom has now left the European Union. To the casual observer living in or visiting Spain for the rest of 2020, little will appear to have changed: this is not because concerns about Brexit were “Project Fear” but because the UK is leaving with a deal which establishes an Implementation Period until 31 December 2020. This period is intended to smooth the disruption caused by the rupture of a political union that has lasted just three years short of half a century, but although the transition was originally intended to last two years, it is now just 11 months because the extensions to Brexit negotiations prior to the ratification of the Withdrawal Agreement have eaten into the time.

The Implementation Period means that the abrupt No Deal cliff edge has been avoided, and so British nationals who want to live in Spain have until the end of this year to register as residents in the country. Those who do so will be able to live their lives here under the same conditions as currently for as long as they remain in the country. British visitors to Spain, too, will still be able to stay within the EU for as long as they want this year because the restriction of 90 visa-free days in any 180-day period, which applies to all third-country nationals, does not apply until after the Implementation Period ends on 31 December. None the less, monitoring and liaising systems between Spain and the UK are already being put in place and Immigration Control says it intends to start stamping British passports, as it does to other non-EU passports, from tomorrow.

With regard to British driving licences, visiting British drivers will continue to be able to drive here on their UK licences through the Implementation Period but will need an International Driving Permit from 1 January 2021. Residents are required to exchange their licences either after registered residence of two years or at the point their licence expires, and they are now advised very strongly by every British and Spanish authority to do this as quickly as possible to ensure this is achieved before 31 December. Failure to exchange when required will result in the driver needing to take a Spanish driving test to be in possession of a valid licence, and possibly other conditions which might come to be imposed on British drivers who will of course be non-EU nationals. The UK authorities and Tráfico (as of today) have confirmed that applications for exchange can be submitted throughout this year. Please note that the UK has formally confirmed that Spanish driving licences will always be accepted in the UK.

Beyond these relative certainties, virtually everything else is unclear. We don’t even have confirmation that the criteria for registration will remain the same after tomorrow. After 31 December British nationals who wish to register will have to meet new criteria, whether those that are currently in force for third-country nationals or new criteria yet to be specifically composed for British nationals. What we do not know for sure is whether the current registration criteria will change before the end of the year nor what the new requirements will be when they do come into force. Clarification is also lacking in one respect for those who are already registered and legally resident in Spain: they will have to exchange their registration certificate, the Certificado de Registro, for a new third-country nationals’ ID card, the Tarjeta de Identidad de Extranjero, but neither detail nor timescale for the exchange is yet available.

These are the sorts of details we can hope will become clearer throughout the coming months while negotiations now start on the second half of Brexit. Because all that has been achieved so far is that we’ve left the EU with an agreement to leave. Trade, services, financial markets, business affairs, movement of people and goods, licences, the S1 system, the Irish border, mobile phone roaming charges, the Erasmus and other coordinated educational schemes, nuclear accords, security systems like the European Arrest Warrant from which the UK is excluded from tomorrow by Germany, Austria and Slovenia, with others expected to follow in short order  … all these are to be determined in what remains of the original two-year Implementation Period, now reduced to just 11 months and ending with the close of this year. Nothing, however, is even likely to start until March because it is only now that Brexit has actually happened that the EU can put in place for the next stage its own negotiating mandates and teams to be formed by elected national leaders, a process in which the UK will, naturally, have no input.

And in this coming 11 months, which can be extended but only if a request – which Boris Johnson has refused to make – is submitted to the EU by the end of June, everything else must be agreed. Many say it is impossible. And the negotiations will be done very secretly compared with the tortuous process of the Withdrawal Agreement’s ratification because this time a 40-strong team codenamed Taskforce Europe answerable to no-one but Number 10 will negotiate without any oversight by Parliament. What we will know of the process, therefore, is debatable since scrutiny will be limited to what we are allowed to be told with no obvious means of verification. What is clear, however, is that if the year ends with no agreement, the UK will once again be facing a cliff edge, an economic, commercial and security one this time rather than a political one.

The UK has leapt into the dark and a new era has now started. The United Kingdom is no longer in the European Union. Whether its own Union will survive the upheaval, with much talk of a united Ireland and the Scottish Parliament voting to keep the EU flag flying over Hollyrood and insisting on another independence referendum, is another matter.

Updated 6pm: And the EU Parliament has approved the Withdrawal Agreement. If anyone had any remnants of any doubt, they can no longer maintain them. The UK leaves the EU at 11pm this Friday, in 53 hours time.

Updated 5pm: The UK Government has issued THIS advice on travel to the EU from January next year. Of course the page will be updated with further information as negotiations continue and agreements might be reached throughout this year, and anyone who wishes can register for email updates.

Updated 4pm: To add to this morning’s update from the FCO about driving licences, that is the official UK stance. Nothing changes until the end of the year. BUT as of this morning, Tráfico is saying that they will not accept exchanges after Friday. They say they will advise if they are told anything different. DVLA meanwhile is not replying to any requests, and has not been for the last fortnight.

I know this will be seen as confusing, and I and others are already said to be making a fortune from “scaremongering”, but I give you the facts and you decide what to do with them. For the record, it is officially released info so if it’s “scaremongering” I am at worst a conduit rather than source, and for the absolute record, I do NO work in this field and so have not earned a single cent from anything related to Brexit. Nor intend to.

Updated 29 January: The FCO in Madrid has clarified about driving licence exchange applications. The 31 Jan deadline only applied to a No Deal situation and there is now a deal, already passed by the UK Parliament and to be passed by the EU Parliament later today. This means that the 31 deadline does not exist, and exchanges can be made throughout this year … and can be applied for at any time, but obviously the sooner the better. The FCO says:

We know there has been some confusion around the exchange of UK driving licences and whether you need to start the process by 31 January. The information currently on the DGT website referring to the need to register your details by 31 January would apply only to a no-deal scenario. The UK is set to leave the EU with a deal under the terms of the Withdrawal Agreement. In practice this means that the rules around the exchange of UK licences will remain the same during the transition period. You will have until 31 December to exchange your UK licence for a Spanish one under the current rules, so there is no need to worry if you are unable to start the process before 31 January. But don’t leave it til the last minute – book an appointment on dgt.es as soon as you can. Remember you can exchange your licence anywhere in Spain – it doesn’t have to be where you are officially resident. Once you have made the exchange, your Spanish licence will be accepted in the UK when you visit and you can exchange it for a UK licence again should you return to the UK permanently.

Updated 28 January: British Consul Charmaine Arbouin has sent the following message to British nationals in Spain.  

The Withdrawal Agreement which sets out how the UK leaves the EU has now passed into UK law, which, once the European Parliament has ratified it this week, means that the UK is leaving the EU with a deal on 31 January.

This is very positive news for UK nationals who are resident in Spain, as the Withdrawal Agreement contains some really important protections for your rights:

  • You will be able to continue to live and work in Spain
  • UK state pensioners will continue to have lifelong healthcare as long as they remain living in Spain. This also applies to residents who claim a UK state pension in the future
  • Your UK state pension will continue to be uprated
  • You will be able to exchange your driving licence until the end of 2020 without taking a driving test and your Spanish licence will be accepted in the UK when you visit

Those rights will be protected for as long as you live in Spain, provided you are legally resident here by the end of 2020.

The Withdrawal Agreement also provides an Transition Period (from 31 January until 31 December) during which time nothing will change for UK Nationals in Spain.

Charmaine Arbouin said: “The approval of the Withdrawal Agreement is a very important step for UK nationals living here. It provides reassurance on key rights, such as being able to continue to live and work here, and for pensioners to have lifelong healthcare and uprated pensions. Alongside those rights, you have obligations – the main one being to make sure you are registered with a green residency certificate. This remains a valid document after 31 January and we will communicate any details on future residency processes once we have them. For further information visit the Living in Spain Guide on gov.uk”.

To view the latest video message from HMA Hugh Elliott to UK nationals visit HERE.

To put your questions to HMA Hugh Elliott and Regional Consular Policy Adviser Lorna Geddie join our Facebook Live Q&A on Friday 31 January at midday (CET) HERE.

Information for UK nationals can be found at gov.uk/livinginspain

Updated 25 January: There is seemingly enormous concern suddenly about the situation for “swallows”, those part-time residents who visit Tenerife for several months each winter. Clearly they are in a difficult position right now because they often visit Tenerife for more than three months and after 31 December 2020 will be restricted to 90 days in any 180 as are all other 3rd-country nationals (please see below, especially 20 January update).

The current legal situation is that when a part-time resident arrives in Spain they must register within three months and in reverse, deregister when they leave Spain. That way they can stay as long as they’re registered, and when they return to the UK will have access to the NHS. Without registering on arrival, they will not be legal in Spain – it’s one thing to be illegal as an EU national in an EU country but another thing entirely to be an illegal alien! – and without deregistering, they will be on record as living in Spain and so not entitled to the NHS when back in the UK because the right to use the NHS is a residence-based entitlement.

This could be problematic of course because of the tougher registration requirements for 3rd-country nationals but such is the system. The UK’s Ambassador to Spain, Hugh Elliot, has confirmed that the British and Spanish authorities are aware of “the swallow issue”, and the matter is firmly on their radar BUT he cannot confirm that special rules will be put in place or be able to be agreed in the bilateral negotiations which are ongoing throughout this year and naturally which are yet to be concluded. He also stressed, contrary to what many “swallows” think and allege, that the UK and Spanish authorities are not only planning to monitor and enforce these systems, they are already talking to each other and doing so.

Updated 24 January: The President of the European Council Charles Michel (Donald Tusk’s old post) and the President of the European Commission Ursula von der Leyen (Jean-Claude Juncker’s old post) have just signed the Agreement on the Withdrawal of the UK from the EU, opening the way for its ratification by the European Parliament. This was a formal event this morning. Pic from the EU.

Updated 23 January: The Withdrawal Agreement Bill has now received Royal Assent. The UK’s departure from the EU is now UK law. Now the Withdrawal Agreement goes to the EU Parliament to be debated next Wednesday, 29 January. The EU Parliament works in similar ways to the UK Parliament with committee analysis and oversight, and several EU Parliamentary committees have now recommended MEPs to vote for it. There is no chance now, in my opinion, that the EU Parliament will reject the Withdrawal Agreement, and so the UK will leave the EU at 11pm on Friday next week.

Photo: FCO

Updated 22 January: Local journalist Clio O’Flynn got an interview on Monday with Hugh Elliot, the UK’s new Ambassador to Spain on his first visit to the Canaries. Clio spoke to him at a lunch hosted by the FCO for those who work alongside the British Consulate as partners, as well as British-run charities and organisations. Obviously the main topic of conversation was Brexit, and you can listen to the full interview HERE.

Updated 20 January: To save any more questions about the 90/180 days rule, please see HERE. It is a calculator from the EU’s own Schengen website, and as it says:

Short-term visitors to the Schengen countries that do not need a visa and holders of multiple entry visas valid for at least six months and with 90 days of duration of stay, are not permitted to spend more than 90 days within 180 days in the territory of the Schengen Area.

Travelers often get confused by this rule, and fail to calculate how long they have stayed in Europe, and how long they are permitted to remain.

They need be confused no longer, and I will no longer answer questions on the 90/180 day ruling. Please use the calculator.

Updated 6pm: To some, it seems the 90 days in 180 rule is confusing. So to clarify, the period is not calculated by calendar year. This means that visitors cannot come for 90 days in October, November and December and then stay on for January, February and March as a separate 90 days in a separate year. This is because the 180-day period keeps rolling. As the Schengen Visa website HERE explains: anytime you wish to enter the Schengen, you just have to count backwards the last 180 days, and see if you have been present in the Schengen for more than 90 days throughout that period.

British nationals will not need a visa to enter the Schengen area after Brexit because we have been granted an exemption but the timings remain firm, and the Extranjería has said they will start stamping British passports on 1 February this year so they will be able to monitor … though as I’ve already said, the rule comes into force for us at the end of the implementation/transition period, i.e. at the end of 2020.

Updated 18 January: For anyone who is still concerned … thanks to the Withdrawal Agreement, and the EU, Commission President von der Leyen confirms that British nationals who are legally resident in Spain (or anywhere in the EU) and so registered with the police will be able “to stay where they live today under the same conditions, for as long as they want, and without any discrimination based on their nationality”.

Please note that this is not new news. It is only what we’ve been saying for a long time but this is from a source that couldn’t be more official so I hope it’s believed by those who still don’t know what Brexit is and believe or understand nothing they’re told!

Please also note that the President means the right to reside, nothing more. The UK is going through Brexit with only the exit agreed. It’s a Withdrawal Agreement nothing else. At the moment, businesses are completely in the dark as to what will happen, ditto service providers, because negotiations within and without the EU cannot start until after the exit, which is now 31 Jan.

Thereafter there are 11 months to negotiate everything, and it has to be decided by end June whether that will be long enough … and if it isn’t, a request for an extension must be made before July – that’s confirmed by EU lawyers. If there is insufficient time and no extension has been requested, the UK will be in the dark and on WTO terms, though the WTO is currently being undermined in terms of appeals procedures by President Trump.

BUT, the right to reside for those already legally resident at the point of exit is confirmed. As it always has been, but you can hear it here from the President of the EU Commission herself.

Updated 16 January: I am receiving increasing numbers of increasingly panicked emails looking for “the workaround”, i.e. the loophole, to “residencia” as it continues to be called. There isn’t one. The situation is:

  • The UK leaves the EU in 16 days time.
  • This means that those registered here will at some point over the next year have to change their police registration document (properly called a Certificado de Registro but also known as a green NIE, green card, residencia) to a third-country nationals’ card, the TIE (tarjeta ID extranjeros). We don’t yet know the system, and information will be published when we do.
  • Those who are not yet registered will have until the end of the year to do so, but we cannot guarantee that the criteria (see HERE) will remain as they are currently after 31 January.
  • It is therefore vital to register before 31 January if at all possible … BUT … those who register are those who are coming here to live, and the registration is itself a formal declaration that the person is living in Spain.
  • British nationals who just want to retain EU advantages for free movement after Brexit when they just visit for a few months or so at a time sadly simply cannot do so. This is because they cannot register as residents unless they are prepared to make a fraudulent statement to the Spanish immigration authorities that they are living permanently in Spain.
  • As things stand, the UK has a transition period which ends on 31 December this year. After this period, British nationals will become subject to the Schengen area restriction of 90 days in a rolling 180 day period. They will not need a visa. Those who are legally resident in Spain (ie registered with the police) will obviously not be considered “visitors” for these purposes.
  • During this year, British nationals will continue to be able to arrive for more than 90 days but the Spanish authorities have confirmed that passports will be stamped from 1 February 2020, and readers should be aware that they remain required, technically, to register if coming for over three months – and then deregister when leaving. As said above, we cannot guarantee that the registration criteria will remain the same after the end of this month, but certainly after the end of this year they will become very much more stringent, as they currently are for all other third-country nationals.

Updated 11 January: Apart from the Adeje FOCUS group appointments for British nationals to register with the police and get a green Certificado de Registro before the UK leaves the EU at the end of this month, a south Tenerife translation agency newly founded by Rebbecca Hurley and Miranda Parsons has organized a bus to Santa Cruz to take registrants up and assist them in getting registered. They have also been instrumental in helping to organize the Consulate meetings I posted about yesterday which are taking place next Wednesday in Los Gigantes and Siam Mall, indeed Miranda will be translating for Daisy Figueira da Silva from the Extranjería.

With regard to the bus to Santa Cruz for registrations, Miranda says that they have “organised a bus to Santa Cruz for British Nationals living in Tenerife on the 23rd of Jan 2020, for those who wish to get their “green” Registration Certificate before Brexit. A quick message on facebook & the girls will meet you, make sure you have all the required documents and give you details of the pick-up point on the 23rd. No worries about directions, no worries about parking, door to door service, fast, efficient and worry free.”

TFS Translations have organized two previous buses over the past few months. They can be called on the number on the poster right (click to see full size) or by Facebook message on their page HERE.

Updated 10 January 2020: As part of the new Brexit information programme devised by the British Consulate’s Brexit officer in Tenerife, Deepika Harjani, there will be another two pop-up outreach events in south Tenerife next week. Both are on Wednesday 15 January, the first at 10.30am in Tipsy Terrace, Calle el Hibisco, Los Gigantes, and the latter at 2pm in the event area on the upper level of Siam Mall, Costa Adeje.

Updated 31 December 2019: The FCO says that the Spanish authorities have encouraged them to advise UK nationals in Tenerife that they can continue to get residency appointments by selecting the option POLICIA – CERTIFICADO UE (EXCLUSIVAMENTE PARA REINO UNIDO). There is good availability for appointments as they still have the extra resources that were provided. Alternatively, they have released another batch of appointments through the Adeje Focus group, the Adeje volunteer lobby group for international residents. Anyone, including minors, who has still not completed their legal residence in Spain, and who meets the criteria for registration, can email the Focus group at focusadeje@gmail.com. Please put the words RESIDENCY APPOINTMENT as the subject, and explain your specific situation (working, self-employee or non-working) and contact details, and will be allocated an appointment. All the appointments available are in the Santa Cruz office. Please do encourage anyone who hasn’t yet applied for residency to do so and take advantage of these additional appointments.

Updated 20 December: The Prime Minister’s Office has issued the following statement about “getting Brexit wrapped up for Christmas”.

Today, Friday 20 December, the newly formed Parliament will begin the process of ratifying the great new deal the Prime Minister negotiated with the EU.

The European Union (Withdrawal Agreement) Bill will have its Second Reading in the House of Commons. The Bill will then complete the remaining stages in both Houses of Parliament and get Royal Assent as soon as possible in the new year, so the UK can leave the EU on time on January 31st.

The new Bill will implement the Withdrawal Agreement negotiated with the EU, and changes have been made since October to:

  • Legally prohibit Government extending the Implementation Period beyond December 31st 2020
  • Restore power to UK courts, by giving them the ability to consider ECJ rulings that have been retained in UK law
  • Give Parliament greater oversight by requiring ministers to report annually on disputes with the EU under the Withdrawal Agreement
  • Repeal spent legislation that now serves no purpose, including the Cooper Act and the Benn Act

Our commitment to continue the highest standards on workers’ rights, environmental standards and consumer protections will be honoured by provisions in separate legislation, including the Employment Bill announced in the Queen’s Speech.

Ahead of the Bill’s introduction, Prime Minister Boris Johnson said:

Today we will deliver on the promise we made to the people and get the Brexit vote wrapped up for Christmas.

Now MPs will start the process of passing the Bill. Then, at the beginning of the new decade, at the beginning of a new dawn for our country, our parliamentarians will return to Westminster to immediately finish the job, take us out of the EU on 31st January and move this country forward.

After years of delay and rancour in Parliament, we will deliver certainty and hard-working businesses and people across this country will have a firm foundation on which to plan for the future.

Next year will be a great year for our country – the year we get Brexit done, boost NHS funding, invest in infrastructure and level up access to opportunity and prosperity across our great nation.

It will mark the start of a new decade where the United Kingdom will champion trade, innovation and science and meet global challenges with old friends and new across the world.

Updated 17 December: The FCO has released the following video of the UK’s ambassador to Spain, Hugh Elliott, saying that it explains what the result of the General Election means for UK Nationals living in Spain and the implications of leaving the EU with a deal on 31 January 2020. Registering as a resident remains the key action point. For further information see the Living in Guide at gov.uk/livinginspain. The FCO adds their apologies for the subtitles being slightly out of sync, but say that they thought it was more important to get the message out sooner rather than later!

Updated 16 December: A suggestion for British nationals to acquire associate EU citizenship made three years ago by Guy Verhofstadt has resurfaced now through an initiative by Jolyon Maugham, barrister and founder of the Good Law Project. As I understand it, it was a suggestion Theresa May rejected but which Maugham, supported by the likes of Richard Dawkins, thinks that Boris Johnson might consider. For those who are interested in signing the petition, which Dawkins says “would be a wonderful way for Mr Johnson to move towards reconciling Britain’s two warring tribes”, just click HERE.

I accept this is a contentious subject, and this is likely to be a topic generating anger, mockery,  and more, so I would just ask people interested to click the link, and everyone else just to ignore. It is a post for information, not a direct suggestion.

Updated 15 December: The Adeje volunteer Focus group has another batch of appointments for those who still need to register with the police. Brexit Day now is likely to be 31 January assuming PM Johnson gets the Withdrawal Agreement passed in the House of Commons as he is expected to do. There are therefore just six weeks left until the United Kingdom officially leaves the European Union.

If you are a British national living in Tenerife and still not registered as resident in Spain, or are unclear as to the permanent nature of your status, these appointments are specifically for the purposes with the Spanish authorities, and as before, they are only available through FOCUS. Anyone who is still not registered to reside legally in Spain, and who meets the criteria for registration should email FOCUS at focusadeje@gmail.com putting RESIDENCY as the subject line of the email. In the body of the email, explain your specific situation (working, self-employee or non-working) and give your contact details: you will be contacted in due course to be allocated an appointment. Please note that if you do not speak Spanish you might need to arrange a translator to accompany you to the appointment.

The Focus group cannot deal with any queries by phone; this is simply to allocate appointments and provide information of documents needed for your appointment.

Updated 13 December: After a landslide victory for the Conservative Party last night, there will at least no longer be Parliamentary paralysis. Those who wanted to remain in the EU and stop Brexit were always up against it, with all analysts assessing the chances of a second referendum as never better than 25%, usually much less. Now, the Conservatives are likely to have a Queen’s Speech and a minor reshuffle before Christmas, and then in January, “Get Brexit Done”. The focus will then shift to the Implementation Period, now much reduced from the initial two years to just one: Johnson has until the end of 2020 to get a trade deal with the EU and has refused to request an extension.

For its own part, the EU has already reacted with pleasure, not to the result as such, but to the scale of the victory as indicated by the exit poll. At least there’s clarity, they say … along with “Goodbye to our British friends”. Another goodbye might yet be due to Scotland, with the SNP looking to make such gains as to be in virtual total control north of the border. With regard to the other border, in Ireland, the DUP are unlikely to trust Johnson now but he will no longer need them, and Irish reunification cannot be ruled out. It could be that the UK will exit not just the European Union, but its own.

Next year, then, will be momentous, because not only will the UK leave the EU on 31 January, the following 11 months will see hectic negotiations for the country’s future trading and political relationship with the EU. Domestically, almost certainly pressure will be applied from Scotland for an independence referendum, and a civil war is equally likely to erupt in Labour over the direction, and indeed the soul, of the Party. As to the Lib Dems, long thought to be wrong in following a focus-group-led policy of Revoke and so ignoring the 17m or so who voted Leave, their future seems likely now to become something of an irrelevant sideshow.

Conservatives and Leave supporters will be jubilant after this election result. Naturally so. Their opponents will be distraught because this, unlike other elections, will change the shape and future direction of the UK and, of course, take the country out of the European Union. As such, it has been an election of values as much as politics. The losers will be in sore need of comfort, and it is in short supply, but at least, at last, there will be clarity, and paralysis was helping no-one. And Johnson will have such a majority that not only will he not need the DUP, he won’t need the ERG either: that is a crumb of comfort for those who are hoping for a softer Brexit. No-one really knows what sort of Brexit Johnson wants, but he has the chance now to pivot not just to a hard Brexit, the hardest sort that the ERG want, but to a soft central one. That at least is now a possibility. I hope it brings some comfort to those in distress on a monumental night.

Updated 10 November: Anyone looking for a proxy to vote next month, and anyone who is prepared to be a proxy for a British national in Europe, can now fill in a simple form, and will be told this coming week if there’s a constituency match … proxy voters must vote in the absent person’s constituency. Please click HERE for more information.

Updated 7 November: The FCO has issued the following statement on exchanging British driving licences.

The special measures put in place by the Spanish Department of Transport for UK nationals to exchange their driving licence have now been extended, so that the deadline to register your request to exchange is now 31 January, although we would advise doing it as soon as you can.

Some other points of clarification that might be useful:

It doesn’t matter if your UK licence is expired or lost. If the licence has expired, you should follow the instructions for ‘renovación’. If lost, follow the instructions for ‘sustitución’.

You can start the process (online or by calling 060) with a NIE, even if you don´t have your green residency document. The first step of the process is essentially asking the Spanish authorities to verify your UK licence. The formal request for exchange is done once you go in for your appointment at the DGT. At that point you will need a valid residency certificate.

If you started the process in October you can now request an appointment at your Jefatura Provincial de Tráfico.

If you started the process in November, or are about to start the process, you can request an appointment at the JPT two days after registering your details. The DGT recommends that you continue using the special measures for UK licence holders.

You can continue to send us direct messages with any specific issues and we will feed your questions back to the DGT.

Updated 6 November: The FCO says that they’ve received a lot of questions about voting in the UK General Election on 12 December. They say:

There are two ways to vote from Spain – by post or by proxy. To vote by post you must apply for your voting pack by 5pm (GMT) on 26 November. To vote by proxy the deadline is 5pm (GMT) on 4 December. It takes time for a postal vote to be delivered, completed and returned, so you should consider voting by proxy, if possible, to ensure your vote is counted. You can only register as an overseas voter for up to 15 years after leaving the UK. For more information visit //www.gov.uk/voting-when-abroad

British nationals in the EU have been advised to consider a proxy vote where possible rather than relying on a postal vote which, in the experience of many during the actual referendum, simply did not materialise. To avoid confusion, the Electoral Commission has confirmed that proxy votes are cast in the name of the voter, not the proxy, and must be cast in the voter’s registered constituency, not in that of whoever has the proxy. There is more information on voting by proxy HERE.

Anyone outside the UK for more than 15 years has now been disenfranchised thanks to the Conservative Government breaking its promise to provide votes for life to British nationals abroad, but those here for under 15 years still have the option to vote.

Updated 31 October: The UK’s Ambassador to Spain Hugh Elliott has written the following open letter to British citizens living in Spain.

You will all have seen that the EU has agreed the UK’s request for a further extension. This means that the UK will not now be leaving the EU on the 31st of October. The extension sets a new deadline of the 31st of January 2020.

I met with some of the citizens’ rights groups yesterday here in Madrid and we talked about recent developments, about the continuing feeling of uncertainty and about the concerns of British nationals living in Spain.

The three month extension removes the immediate threat of no deal and provides an opportunity for the deal – which protects citizens’ rights – to be ratified.

For as long as we remain in the EU, UK nationals will retain their full EU citizenship rights. So if you are a UK national living in Spain now, nothing will change on the 31st of October. The current rules on registration, healthcare and travelling will remain exactly as they are now.

However it is still important to be prepared for Brexit. The extension period is a good opportunity to make sure you, your friends and family are fully prepared.

So I would encourage you all to use this time to ensure you are correctly registered as resident in Spain and registered for healthcare. And to ensure that you have exchanged your driving licence and checked your passport validity.

Secondly, I’m sure you have seen in the media that a general election will be held on the 12th of December. If you are a UK National who has been here for less than 15 years you can register as an overseas voter (further information can be found at gov.uk/voting-when-abroad). The deadline to receive proxy vote applications will be the 4th of December.

The Embassy and our network of Consulates will keep you updated on further developments. We will continue holding outreach events – meetings, pop-up events in your local supermarket and the like; details are on our Living in Guide and on Facebook. Please do make sure you are signed up for the Living in Guide on gov.uk and stay in touch through our Brits in Spain Facebook page.

Updated 30 October:  There will after all be a General Election on Thursday 12 December. Even Christmas is now not immune from Brexit, with candidates fully expecting to have doors shut in their face by voters planning Christmas and not wanting to think any more about the political morass in which the UK finds itself. Those candidates will be missing at least 50 current MPs – including Ken Clarke, Amber Rudd, Rory Stewart, Kate Hoey, Heidi Allen, Cabinet minister Nicky Morgan, and the PM’s own brother Jo Johnson – some of whom have said that they are standing down because Brexit has broken politics to such an extent that they can no longer bear the nastiness, bullying, and poisonous atmosphere either in the House of Commons or the country at large.

Now there will be a campaign through the approaching winter with major voices already redefining political partisanship as Brexit tribalism. Nicola Sturgeon this morning has called for voters to think of their Brexit stance and, if they oppose leaving the EU, to vote tactically for the SNP because that Party is the main opposition in Scotland. There are other voices, as happened in Brecon with Plaid Cymru and the Green Party, calling for the same thing: if you want to Remain, forget your traditional Party and look at what candidate might successfully challenge the Leave opposition in any given constituency, they say. THIS site may be helpful for those who would like to vote tactically – they can establish who best to vote for in their own constituency to achieve the result they would like.

Meanwhile, Leave supporters will hope that Johnson can maintain the “Boris Bounce”, and that he won’t have torpedoed his chances by abandoning all his Brexit bravado, his scattered promises littering the path to this election because he was unable to find the ditch in which he had sworn to die. Whether the voters will punish the Government’s failure to deliver the only policy to which it had nailed its colours only time will tell. The result will be a Christmas present – a Brexmas – that could give delight to one side, and despair to the other … or perhaps turn out to be one that still resists every attempt to unwrap it, a metaphorical Christmas turkey.

 Updated 28 October: And so, do or die, in a ditch or not, Brexit is not after all happening at Halloween. Whatever other tricks or treats are in store in this interminable saga, leaving the EU on 31 October is not now going to be one of them.

The EU has this morning offered the extension Boris Johnson asked for after saying he would rather die in a ditch than request. He had no choice, of course, because the Benn Act required him to request an extension to 31 January 2020 if the House of Commons failed to approve a Brexit deal by 19 October. The same Act requires Johnson to accept this extension.

What happens now is unclear. This might lead to a General Election either later this year (a Christmas election – Brexmas?) or in the early part of next year, or the Prime Minister could bring his Bill back to the Commons and get it through in November: if he does, the terms of the extension (dubbed a “flextension”) allow the UK to leave the EU on the last day of the month in which Parliament approves a deal. If that happens next month, the UK will leave on 30 November – St Andrew’s Day – which might be taken as a sign of something by the Scots …

The SNP, indeed, is after an election on 9 December, supported by the LibDems. Labour, however, is demanding that “no deal is taken off the table” before it will agree to an election: the fact is, however, that no deal cannot be “taken off the table” because it is the default result of Theresa May’s triggering of Article 50, and it is what happens when the time runs out. The only way of removing the risk of a No Deal Brexit is to revoke Article 50 – and there is less appetite for that in Parliament than there is even for a second referendum.

The PM is resisting the SNP and LD request for a 9 December election because agreeing would mean the dissolution of Parliament next week – and this week spent passing the legislation for an election: all pending Bills are lost on dissolution and Johnson seems to want to keep his Bill live, bringing it back to the Commons for a vote this week. There is no restriction on subsequently reintroducing a Bill that is substantially the same as one that was lost in the prior Parliament, but clearly it would be embarrassing for Johnson to have to reintroduce it – and with no clear evidence, right now, that he would even have a majority to be able get it back to its current stage of being approved “in concept”, but with outright rejection of the mad-dash approval timetable. It is in limbo, along with all British nationals living in, or with interests in, the EU.

Meanwhile, the new commemorative Brexit 50p minting has been cancelled at the bargain basement cancellation cost of £11.5m, and as part of No Deal preparations, Operation Brock has been activated, with part of the M20 now restricted for HGVs heading to cross-Channel ports to avoid Channel services disruption … from a No Deal that is no longer happening in three days time. If anyone has any suggestions on how our country can become more of a laughing stock, apparently Boris Johnson is “all ears for any bright ideas” … according to one of his ministers who attended the most recent Cabinet meeting.

Updated 23 October: The odds on a general election have risen after yesterday in the UK Parliament. The Withdrawal Agreement Bill was approved for passage through to the Commons to debate, but given the timescale for its final approval, MPs last night rejected the Government’s plan to push it through in just three days. As a result, the Government has paused the Bill’s passage through Parliament.

They will now wait for the EU’s response to the letter Boris Johnson sent to request an extension to 31 January – an extension he said he would rather die in a ditch than send but which he was compelled to send because of the provisions of the Benn Act, intended to prevent a “trapdoor” of approving the Withdrawal Agreement but failing to ratify the accompanying legislation (Withdrawal Agreement Bill), and thus falling into a No Deal Brexit in eight days time.

The EU is likely to grant an extension. If they agree 31 January, Johnson is obliged by the Benn Act to accept that extension. If the EU offers another timescale, then MPs get the say, not the Prime Minister.

And so, with Jeremy Corbyn telling a group of Labour MPs last night that the Party’s reputation could not afford another rejection of a General Election, and with Johnson saying he’ll push ahead for an election if the EU offers an extension, one looks increasingly likely in December.

As such, as I’ve posted before, if you are still entitled to vote in the UK (ie within 15 years of leaving the country having been on the electoral roll there), you should ensure that if you wish to vote your registration is live. One good piece of advice from the Foreign Office is that rather than rely on postal votes which notoriously do not arrive, appoint somebody of confidence and give them your proxy vote: there is further information on this from the FCO HERE.

Updated 15 October: Healthcare is perhaps the major issue when it comes to Brexit, other than the overriding question of yes or no to Brexit in the first place. And once again the British Embassy in Madrid is holding a Facebook Live session (click HERE) with questions to and answers from the new UK Ambassador to Spain, Hugh Elliot. These will be general questions but with a focus on health cover. The session will be tomorrow, Wednesday 16 October, at 5pm, and those who would like to ask specific questions in addition to listening in should send questions by PM to the Embassy’s Facebook in advance of the session. 

Updated 11 October: The Foreign Secretary Dominic Raab has issued the following open letter to all British nationals living in Spain.

An open letter from the Foreign Secretary Dominic Raab to UK nationals living in Spain

In less than a month, the will of the British people will be delivered and the United Kingdom will leave the European Union. This, of course, will be a time of transition. But for those living in Spain, I want to assure you that as Foreign Secretary, I am working to ensure that your rights and access to services remain as strong as ever.

From Madrid to Malaga, and Barcelona to Benidorm, 300,000 Britons have made Spain their home. No matter the terms of our departure from the EU, you will continue to be able to live and work in Spain.

But to make sure your daily needs are met, there are some steps you must take to get ready for Brexit on 31 October. You’ll need to register for residency, check your healthcare cover, verify your passport validity online and exchange your UK driving licence for a Spanish one. To check the specific actions you need to take, and stay up to date, go to the Living in Spain Guide at gov.uk/livinginspain

In Government, we are doing our bit to get ready for Brexit, too. We are making sure that on 1 November, every British national living in Spain can go on living, working, studying and accessing healthcare.

We are working with the Spanish authorities to make processes as smooth and straightforward as possible, whether you’re applying for residency or a new driving licence.

And we are working with the Spanish National Health System, SNS, to ensure that tourists, students and European Health Insurance Card (EHIC) holders will be able to access healthcare in the same way until at least 31 December 2020.

We are working hard to reach a deal with the EU. But even if the UK leaves without a deal, the UK and Spain have each taken steps to ensure you will be able to continue accessing healthcare in Spain, exactly as you do now, until at least 31 December 2020 if you are an S1 form holder.

Of course, every circumstance is unique. And we know that some British people might need some extra support during this transition.

We want to support those who may find it harder to complete all the paperwork – like pensioners or disabled people, those living in remote areas, and those needing assistance with language translation or interpretation.The Foreign Office has allocated an extra £3 million for charities and other voluntary organisations to help these people keep their rights and access to services in the EU.

You should be checking in regularly with the Embassy in Madrid or local consulates in Alicante, Barcelona, Ibiza, Las Palmas, Malaga, Palma de Mallorca, Santa Cruz de Tenerife, for information on upcoming local ‘question and answer’ sessions, town hall meetings and information stands in supermarkets and on high streets.

And by now, you should also be seeing one of the largest information campaigns in British history, which launched with advice in newspapers and on billboards, encouraging people across the UK and Europe to Get Ready for Brexit.

This is an exciting time, but also one of unprecedented change. We’re getting ready for Brexit on 31 October, and I would urge you to do the same.

Updated 28 September: The British Government is to send out letters to the 363,000 pensioners living in the EU outlining that even in the case of a No Deal Brexit, state pensions will continue to be uprated for a further three years, increasing by around £200 a year. This has been confirmed previously by the Government but pensioners will certainly be reassured by actual confirmation in writing. The letters should be sent out next week, and pensioners will be told they do not need to do anything to continue receiving their State Pension.

During the 3-year period of the guarantee, the UK Government plans to negotiate a new arrangement with the EU to ensure that uprating continues. Work and Pensions Secretary Dr Thérèse Coffey said:

Pensioners in Europe who have paid into the system for years deserve peace of mind over their future finances.

Not only are we providing much-needed reassurance for hundreds of thousands of retirees, we’re ensuring we are fully prepared for leaving the EU on 31 October.

No matter the circumstances of Brexit, we’ve made sure that pensioners do not need to take any action to continue receiving their hard-earned State Pension.

A new dedicated call centre team based in Newcastle has also been established in order to answer any questions from those affected.

Updated 18 September: With reports that Boris Johnson has been given a fortnight by French President Emmanuel Macron and Finnish PM Antti Rinne to come up with specific and workable proposals to replace the backstop for the Irish border, and with Parliament prorogued and the Supreme Court now considering its judgment on whether the prorogation was lawful or not, British nationals in the EU are being advised to consider a proxy vote for a forthcoming snap General Election or second referendum rather than relying on a postal vote which, in the experience of many during the actual referendum, simply did not materialise. Clearly many here over 15 years have been disenfranchised thanks to the Government failing to keep its promise to provide votes for life to British nationals abroad, but those here for under 15 years still have the option to vote.

The 30 September deadline has not been approved by the EU so is being seen in some quarters as mainly French grandstanding, but it is abundantly clear that the EU is utterly fed up now with the Johnson Government’s inability to come up with a concrete proposal to replace the backstop, and since the uncertainty is encroaching on EU functionality, some see the atmosphere as so toxic that some just want the UK to go now. One might hardly blame them.

Meanwhile, the Supreme Court’s deliberations are expected to take some days, with arguments on both sides said to have left the case on a knife-edge. Indisputably, however, if the Queen is indeed unable to reject “advice” from her ministers as has been claimed, and if the Supreme Court decides the matter is not justiciable, then in reality, any future PM, or even the current one, could prorogue Parliament at any moment for an indefinite period … some might think it a strange way of “restoring sovereignty” or “taking back control”!

And so we have to grasp our own personal control where we can, and if you are interested in the proxy vote system, there is official information HERE to ensure you have a vote in any upcoming poll.

Updated 13 September: The FCO’s Head of Mission in Madrid, Tim Hemmings, in effect the deputy British Ambassador to Spain, was in Los Cristianos yesterday speaking to a packed meeting about Brexit. It was reassuring to hear someone speak who was as up-to-date and informed as anyone can be, but who was not trying to peddle any particular political, or even Brexit, stance, but simply to inform.

Hemmings broke his address into four main sections, starting with residency. Once again the meeting was advised of the importance of being properly registered before Brexit might occur. The main registration to process is with the police (Registro), though ideally residents would also be registered on their council padrón (Empadronamiento): both are important for ease of navigating living here after Brexit but the Registro is the essential one because it is the only document that actually shows we are here legally already. As such it is the only document that will enable residents to transfer to the new TIE – the ID card for third-country nationals – when the system changes; other proofs might be requested which is why the other documents could be useful but the “virtually automatic” changeover will require a Registro (aka green card/green NIE/”residencia”) as a sine qua non. Permanencia, the right to permanent residence, kicks in after five years and that won’t change, so anyone changing a Registro of less than five years’ duration will be treated as temporary TIE holders,  but those of more than five years will get a permanent TIE. The actual system has not yet been clarified but we will have a year and a half or so to comply when it is unveiled.

The second strand of information concerned healthcare, and in this respect, the authorities are clearly expecting that little will change, and stress that as I’ve previously reported, Spain has legislated for nothing to change for those who already have a Spanish health system card (tarjeta sanitaria). There are detailed discussions going on between negotiators as to how best to resolve aspects of the procedure after Brexit such as, for example, how S1 payments are processed between EU countries and the UK. The S1 indeed is an area where negotiations are still continuing and clearly the system will change, but at this point it is unclear how. One thing Hemmings stressed was that British nationals resident here should have a Spanish EHIC (Tarjeta Sanitaria Europea) not a British one (not the case for S1 pensioners whose cover is financed by the UK), and to register now in the Spanish system if possible. The bottom line, however, was one of reassurance: in the background, away from the media and the politicians, work is being done to minimise disruption and ensure those entitled to cover continue to receive it.

Hemmings’ third strand concerned passports. British nationals must ensure that they have sufficient validity on their passports, and in most cases that is at least six months. Some passports, however, have a slightly longer validity because of their application date, and so the best advice is to check using the Government’s passport validity checker on THIS website.

Finally, the meeting was told that British nationals living in Spain are required by Spanish law to exchange their driving licences for Spanish ones at the point of renewal and so there is no logical reason to hold onto a British one, not least since the UK Government has confirmed that Spanish licences will be valid in the UK after Brexit in any case. To avoid the possibility of having to take the Spanish driving test to be able to drive here, the clear advice is “exchange for a Spanish licence now”, before Brexit.

After his address, Hemmings invited questions from the floor and at one point asked how many of the audience had registered with the police. A good 75% put their hands up: clearly the message has really been put across effectively. Questions included the scarcity of appointments for registering, to which Deepika Harjani, the Consulate’s Brexit Officer, said that she had personally confirmed before the meeting that appointments were available but they are not numerous: the advice is keep trying, and if you have trouble getting one or with registering once you have an appointment, please tell the Consular staff who are gathering this information and can pass on recorded problems to the relevant Spanish authorities.

Other questions included known unknowns, as the jargon has it. As we all know, visa-free visits to the Schengen area after Brexit will be restricted to 90 days in any 180-day period and passports will be stamped. But as part of Brexit, British nationals resident in the EU will lose the right to onward movement. This could result in the paradoxical situation that British nationals coming from the UK will be able to move freely around the EU for up to three months, but British nationals already resident in one country won’t be able easily just to move across borders … but there will be no passport control to stop them, nor to stamp their passport. This is something that is yet to be resolved, and appears to be considered as part of the Future Political Declaration, the second half of Brexit after the Withdrawal Agreement … which is not yet in place anyway because the only current deal is Theresa May’s which the House of Commons has rejected three times. 

Another question related to the criteria which will apply to new British residency registrations after Brexit. Currently, we have to have around €5,000 in the bank, have an S1 or full private medical insurance, or be making social security contributions, but these criteria will change when we are third-country nationals. Currently, the requirements applied to such individuals registering as non-EU nationals are stringent, including considerably weightier financial criteria, but at present it is not known whether British nationals will automatically face the same regulations or whether specific criteria will be imposed. This is something we are just going to have to wait to find out.

A final point I think it’s important to mention concerns a sizable group of British nationals: the swallows. I myself have had more enquiries about matters relating to this group than any other, and Hemmings said that in his own view, an insider and informed view, Spain could end up considering this group as a special case. It is recognized that this category of Brits in Spain wants to come for more than the 90 days in any 180 day period, and sometimes return within 180 days too. These are people who own property here, pay taxes here, spend money here: Spain does not want to lose them. And in full awareness that some are selling up to leave Spain because of this impending change, Spain itself might yet make things alright, bringing in special measures to deal with what are clearly special circumstances. I stress this is a work in progress …

I hope this conveys a flavour of the meeting for those who weren’t present, and I hope above all that it offers some reassurance at a time of maximum chaos when most British immigrants in Spain are very unsettled.

Updated 11 September:  The Cherry-Maugham case in the Scottish Courts has won on appeal. As the QCs expected and hoped, the Scottish appeal court has declared Parliament’s suspension unlawful. Jo Maugham himself says that Parliament is thereby unsuspended but the Government will apparently not recall Parilament, and will appeal the ruling in the Supreme Court. This final appeal will be heard next Tuesday, 17 September, and I understand the SC will be hearing not just the Cherry-Maugham appeal but and the Miller case,  also about prorogation.

Meanwhile, it appears that anyone using the gov.uk website for information about Brexit is now going to have their usage of the website tracked specifically by the Government for targeting purposes.

This is the type of thing carried out by Cambridge Analytica, and it indicates that the public trying to inform themselves about Brexit will inadvertently be providing the Government with information that will be used to manipulate them in a future referendum or election.

This is an instruction to Whitehall from the Prime Minister’s unelected Chief of Staff, Dominic Cummings, a man found in contempt of Parliament who now runs Number 10 and is in charge of delivering Brexit by 31 October. His instruction in this respect to the Civil Service is described as “top priority”.

This is not a conspiracy theory. Barristers including Jo Maugham, this morning, the barrister behind the now successful Scottish case which has ruled that prorogation is unlawful (appeal being heard against the ruling at the Supreme Court next Tuesday) … Maugham himself says, and I quote:

“If you want to make it more difficult for Dominic Cummings and The Charlatan to scrape data from Government sources to help them turn our democracy into a Turkey-on-the-Thames can I suggest you turn off cookies here?

//gov.uk/help/cookies

(The Charlatan is his usual nickname for Boris Johnson).

HERE is one of many such reports in the press about the matter.

Updated 10 September: I normally only update this post when there is firm information or an announcement, but with 51 days to Brexit, I thought a summary might be welcomed. We are hopefully at maximum chaos with calmer waters to come, but I wouldn’t bet on it.

As of last night, Parliament has been suspended by Prime Minister Boris Johnson for five weeks. In scenes that must be unprecedented in modern political history, there was even a debate in the House of Commons about whether he was actually going to attempt to subvert an Act of Parliament requiring him to request an extension to Brexit, probably to next January, but in any case to allow time to try to achieve or pass a Withdrawal Agreement. This is essential because the same Act, which blocks No Deal, yesterday received the Queen’s Royal Assent. It is now law, and No Deal is blocked.

None the less, the PM says the UK is still leaving the EU on 31 October whether there is a deal or not, and that he would rather die in a ditch than ask for the extension he must request. This has left many Parliamentary and legal sources saying it is inconceivable that the PM could break the law in either of these respects, either to force a No Deal Brexit, or somehow to scupper the request for the extension: inconceivable it may be, but how much else have we seen lately that was previously considered unimaginable?

Meanwhile, Johnson has been in Ireland, trying to find some kind of breakthrough to the impasse surrounding the Irish border. The Irish Taoiseach Leo Varadkar has said in unmistakably clear terms that the backstop – the Platonic form of unicorns the Classics-familiar PM might call it – is not negotiable, it cannot go. As one journalist reminded the PM, he might be happy to be “dead in a ditch” but he was actively undermining arrangements that have preserved peace in a region where hundreds have done precisely that, literally, until only recently.

But the presence of the backstop is a deal breaker for the ERG, not that the deal isn’t broken for other reasons anyway, so there seems zero chance of getting it through Parliament, and apparently there are no new negotiations going on for any other deal despite Government claims that there are. And so this Parliament is in the absurd position of the Government wanting an election while claiming it doesn’t, and being unable to force one, and the Opposition claiming it wants one while it actually doesn’t, at least not right now, and being strong enough to stop the PM calling one.

And with the UK heading at full steam, in 51 days, to a No Deal deadline that it cannot now allow, and with no feasible deal in sight, and without Parliament being able to sit to debate and decide matters further for another five weeks, someone needs to pull out the rabbit that is no doubt cowering in the depths of Jacob Rees Mogg’s top hat. And quickly.

Updated 5 September: The British Consulate has announced that the FCO’s Deputy Head of Mission, Tim Hemmings, will be in Tenerife next week to talk to us about being resident in Tenerife and being Brexit-ready. The discussion will be in Los Cristianos Cultural Centre (Sala Chasna) at 3pm a week today, Thursday 12 September.

Updated 8 August: There has been some controversy over recent weeks about police appointments for residency appointments, with claims that the police had stopped giving them entirely to British nationals. This is simply incorrect. Appointments are still being given but it is August, and staffing levels are affecting availability … and during a busy and under-staffed time, they are facing a rush of applicants who, to be blunt, have left a procedure that has been a legal requirement since 2012 until the last few months before Brexit.

Appointments can be obtained online HERE: there is an option exclusively for British nationals in the drop down box headed Trámites disponibles for your province. Currently, there are very few if any appointments available with that option for August at Playa de las Américas but it might be possible to arrange an appointment by booking via the Policia Certificados UE option in the drop down box. I’m grateful to Deepika Harjani of the British Consulate in Tenerife for helping with this information.

Finally, anyone who missed the Ambassador’s online Brexit Q&A can see the recording here:

//www.facebook.com/BritsInSpain/videos/593233274534960/

Updated 4 August: Given my recent mailbag there seems to be some confusion over travel rights after Brexit, assuming it happens with or without a deal on 31 October. A restriction will be in place for British travellers (just as for other third-country, i.e. non-EU, nationals) and the EU has confirmed that it will apply whether there’s a deal or not.

The restriction is that British travellers will only be able to spend a maximum of 90 days in the Schengen area (see HERE) in any 180-day period. This period is counted always from the last visit: essentially, whenever anyone wants to enter the Schengen area, they should look at the immediately prior three months and calculate how many days they have left out of their 90 for that period.

This 90 days in a 180-day period is, in fact, equivalent to the short-stay Schengen visa from which, thanks to the EU, British nationals will be exempted after Brexit. Longer visas will be available to applicants, but any visas for visits exceeding the short-term Schengen period (90/180) remain subject to national procedures. This means that applications will have to be made to Spain for a “long duration visa” – see HERE: I have no specific information at present about these but know from experience that they are convoluted and costly in application, and difficult to acquire.

The Schengen countries are: Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden and Switzerland.

Updated 29 July: The FCO will holding their third Facebook Live session with HMA Simon Manley and Regional Consular Policy Advisor Lorna Geddie tomorrow at 4pm. The Embassy in Madrid says that they “know there are still many outstanding questions about what Brexit means for you as UK nationals living in Spain. And whilst we can’t promise to have all the answers, we can promise to give you up-to-date, accurate advice and information. You can send questions by direct message, or tune in live and submit questions directly to the team.” A recording will also be available afterwards. The Facebook page is HERE.

Updated 26 July: Outgoing British ambassador to Spain Simon Manley has made this announcement following incoming British Prime Minster Boris Johnson’s remarks in his first Parliamentary speech yesterday.

Updated 24 July: The British consulate will be holding another pop-up information event between 11am and 12.30pm this Saturday, 27 July, in Iceland in San Eugenio, and then at the Apartmentos Costamar (Iceland) in Los Cristianos from 1 – 2.30pm. They invite everyone to go along with their questions on living in Spain and Brexit. These are pop-up events, rather than sit and listen, so you can drop by at any point.

Updated 26 June: The Consulate is holding an information event this Friday 28 June in Iceland Las Chafiras. The two-hour event will start at 12.30pm and will of course cover Brexit, but also living in Spain and how to access healthcare.

Updated 13 June: Given the situation as it seems now, with senior MP Oliver Letwin saying today that the House of Commons has run out of options to stop a No Deal Brexit, and with all Conservative leadership candidates apart from Rory Stewart, who is unlikely to win, actively promoting a No Deal Brexit – indeed with at least two of them saying they could prorogue Parliament (formally end the session) to avoid Remain-supporting MPs having any chance of stopping No Deal from happening by default on 31 October – it seems a good time to remind everyone of the advice from January that UK nationals living in Spain should exchange their British driving licences for Spanish ones.

Spain’s own Royal Decree, approved on 1 March, which formalises the country’s provisions for No Deal planning, allows for UK licences to continue to be recognized until 29 December this year, nine months after the UK was originally supposed to have Brexited. After that, however, UK licence holders may well have to pass a Spanish driving test to be able to drive here legally because they will only be able to drive on a Spanish licence and a UK one will be ineligible because the UK will no longer be in the EU.

So, although current EU legislation allows for UK photocard licences not to need exchanging until they reach their renewal date, at which point they have to be renewed in the country of residence which necessarily means exchanging for a Spanish one, it is clearly best not to wait in case exchange is no longer straightforward after a No Deal Brexit where no transitional arrangements will be in place, and where the only way to drive here legally may be on a Spanish licence for which British nationals might have to take the official driving test.

As I’ve said before several times, there is no problem in driving in the UK on a Spanish (or any EU) licence, and this has been confirmed by the British Government as applying after Brexit as well, deal or no deal.

Updated 14 May: The British Consulate in Tenerife is holding a public information meeting at 2pm on 24 May in Santiago’s Diner in Puerto Santiago.  

Updated 7 May: It has been confirmed this afternoon by David Lidington, essentially the deputy PM, that the UK will indeed be taking part in the EU Parliamentary elections on 23 May. Anyone wanting to vote and still not registered … you have until midnight. Tonight. There is more information from the Government HERE.

Updated 30 April: The British Government has issued the following statement with regard to voting in the UK’s possible participation in the European Parliamentary elections next month.

Information for UK nationals on voting in the European Parliament elections

The UK Government wants to ratify the Withdrawal Agreement on our departure from the EU in the next few weeks. This would mean we would not participate in the European Parliament elections.

However, there is a possibility that the UK will have to participate in the elections. In this scenario, if you wish to vote, you should ensure that you are registered either with your local electoral authorities here in Spain or in the UK.

The European Parliament elections in Spain will be held on 26 May. If the UK remains in the EU at the time of the election, voting will take place in the UK on 23 May.

The deadline for registering to vote in the local and European Parliament elections in Spain was 30 January 2019. If you are not already registered to vote in Spain, you could instead choose to vote in the UK, as long as you have been registered to vote in the UK within the last 15 years. The deadline for registering to vote in EP elections in the UK is midnight on Tuesday 7 May. The process can be done online and you can register to vote either by post or by proxy. It is important to be aware that you cannot vote in both countries.

Find out more about voting in the European Parliament elections:

//europa.eu/youreurope/citizens/residence/elections-abroad/european-elections/index_en.htm

For details on how to register as an overseas voter with the UK Electoral Commission:

//www.yourvotematters.co.uk/can-i-vote/overseas

For the latest information on issues affecting UK nationals in Spain, sign up for email alerts at gov.uk/living-in-spain and follow us on social media at facebook.com/britsinspain.

Updated 12 April: The FCO has released the following open letter from HMA Simon Manley to British citizens living in Spain.

I’m sure you have been following recent developments in the Brexit negotiations very closely, so I wanted to give you a quick update about what all of this means for British people living here in Spain.

The European Council has agreed what is being called a “flexible extension” to the process of our departure from the European Union, until 31 October. Flexible, because if the Withdrawal Agreement is approved by both the UK and the European Parliaments before then, we will leave on the first day of the month after that approval.

So for example, if we pass a deal in the first three weeks of May, the UK will leave the European Union on the first of June. That would also mean we won’t take part in elections to the European Parliament. If, however, a deal is not passed by that point, European Parliamentary elections will take place in the UK. And if you are registered to vote in European elections here in Spain, then you should be able to do so.

I understand all of this is unsettling and frustrating for many of you. You want to know on what terms we are going to leave the European Union and what that may mean for you as a UK national living in Spain. During this extension period, the UK remains a full member of the EU and consequently your existing rights will not change. So, for example, your rights to healthcare, to residency and to travel throughout the EU, remain exactly as they are today.

Nonetheless, during this extension period, as we prepare to leave the European Union, it remains really important to ensure that you are correctly registered. I understand, however, that many of you are finding it difficult to get appointments. Let me assure you that we are talking with the Spanish authorities about this. Meanwhile, the Spanish Government has advised that if you can’t get an appointment now, you should make sure that you’ve got proof that you were living here before we leave the European Union, whether that be a padrón certificate or utility bills. The Spanish Government also advises on their Moncloa website on Brexit contingency measures, to keep checking for new appointments to become available. Should we leave the EU with a deal, as we very much hope, you will have until the end of the Implementation Period, currently set at 31 December 2020, to register, if you have not done so already. Should we, however, leave without a deal, as could still happen, the Spanish Government has said you will have a 21-month grace period from the date of our departure to register.

You can also prepare by signing up for email alerts for our Living in Spain guide on gov.uk or by joining our Brits in Spain Facebook community, where you can also find some videos on what you need to do to prepare for Brexit on issues such as registration, driving licences, healthcare and travel.

I wish you and your families a very happy Easter.

Updated 11 April: The UK was granted an extension to 31 October late last night at the EU Council summit. There will be a “good behaviour review” in June, which is when French President Emmanuel Macron wanted the extension actually to end. Instead, the UK has six months to avoid a Halloween No Deal. How this will go down in the Palace of Westminster is anyone’s guess, with frustration at the middling extension likely both from those who wanted a long one, and those who wanted a short.

Perhaps most relieved will be those who don’t want Brexit at all. Six and a half months is, conceivably, enough time for them to organize a straight second referendum, or a cobbled-together plan put to the people for a further confirmatory/People’s Vote, or a General Election … and doubtless in the mix somewhere will be talk of a Conservative leadership challenge or change. And of course, towards the end of the period come the UK’s party political conferences.

One thing outside the UK seems clear, and that is that Emmanuel Macron has not won too many friends tonight in European diplomatic and political circles. If his resistance to a long extension, which won through, does end up delivering no Brexit, however, they will undoubtedly be pleased with him again, and given the space now for “a rethink” such as Donald Tusk was advocating even though he argued for a longer space of time, some are seeing Brexit slip sliding away. That possibility will of course not be lost on the Brexiteers in Parliament, whose reaction can only be guessed at … ideally from a distance, within a concrete bunker …

Updated 7 April: British Prime Minister Theresa May has made the following statement as the UK enters what could be its last week in the EU, with a deadline on Friday, if an extension cannot be agreed, that will see the UK leave the EU with whatever arrangements are put in place over the next five days, or with no deal at all.

Delivering Brexit has been my priority ever since I became Prime Minister and it remains so today. I want the UK to leave the EU in an orderly way as soon as possible and that means leaving in a way that does not disrupt people’s lives.

My strong preference was to do that by winning a majority in Parliament for the agreement the UK reached with the EU last November. I did everything in my power to persuade the Conservative and DUP MPs who form the government’s majority to back that deal – including securing legally-binding changes to address MPs’ concerns with it.

But that deal was rejected three times by Parliament and there is no sign it can be passed in the near future. So I had to take a new approach.

Because Parliament has made clear it will stop the UK leaving without a deal, we now have a stark choice: leave the European Union with a deal or do not leave at all.

My answer to that is clear: we must deliver Brexit and to do so we must agree a deal. If we cannot secure a majority among Conservative and DUP MPs we have no choice but to reach out across the House of Commons.

The referendum was not fought along party lines and people I speak to on the doorstep tell me they expect their politicians to work together when the national interest demands it. The fact is that on Brexit there are areas where the two main parties agree: we both want to end free movement, we both want to leave with a good deal, and we both want to protect jobs.

That is the basis for a compromise that can win a majority in Parliament and winning that majority is the only way to deliver Brexit.

The longer this takes, the greater the risk of the UK never leaving at all. It would mean letting the Brexit the British people voted for slip through our fingers. I will not stand for that. It is essential we deliver what people voted for and to do that we need to get a deal over the line.

To achieve this I will go to Brussels this week to seek a short extension to Article 50. My intention is to reach an agreement with my fellow EU leaders that will mean if we can agree a deal here at home we can leave the EU in just six weeks.

We can then get on with building a new relationship with our nearest neighbours that will unlock the full potential of Brexit and deliver the brighter future that the British people voted for.

Updated 4 April: The Spanish Government’s Royal Decree detailing No Deal Brexit contingency measures was approved last night by Congress. This will provide UK nationals legally resident in Spain with a 21-month window to register for their new TIE (third country national foreigner ID card) in a system whose details will be announced in due course but which is promised to be “virtually automatic”. The TIE will be a replacement for the green Certificado de Registro, which is why it is essential for British nationals living in Tenerife to be legally registered with the police before the point of Brexit, whenever that might be … possibly next Friday 12 April if there’s no solution to the current impasse. For more information, see the government’s website HERE.

Updated 29 March: This was to have been Brexit Day, but instead it has seen the House of Commons reject Theresa May’s Withdrawal Agreement on leaving the EU. The House will now reconsider on Monday whether there are alternatives it could coalesce around in a procedure started earlier this week by Sir Oliver Letwin, and if not, whether or not it should revoke Article 50 to avoid the No Deal situation it has already said it will not permit.

Within minutes of the votes, Jeremy Corbyn called for the PM to go and set the date for a General Election. The ERG has called for Theresa May to go even though it voted heavily in favour of accepting the deal – the deal its leaders Jacob Rees-Mogg, Steve Baker and Mark  Francois had excoriated. It is rumoured strongly in Westminster and Brussels that they did so only so that May would keep her promise and go, and then they intended to install an “ultra” Brexiteer in her place and void the deal they had supported.

Other speakers after the result was announced called for a long extension or a People’s Vote, while the SNP’s Ian Blackford suggested revoking Article 50 to “put the brake on”. Of course revoking Article 50 is not a brake to buy time: once Article 50 is revoked that is it. Some MPs and even London mayor Sadiq Khan have called in the minutes following the result’s announcement for revocation followed by a people’s vote but that is impossible because article 50 cannot be revoked simply to buy time. Revoking is something that the ECJ itself has ruled must be “unequivocal and unconditional”. It is a one-off decision, for good.

Meanwhile the breakaway Labour and Conservative MPs who formed the independent grouping TIG have today applied to become a full political party – Change UK. They want to be ready for any and all elections coming up, including the European elections if the UK does take part in them, and a putative General Election if one is called in desperation by the Government under whoever happens to be leading it at the time.

Whatever happens now one thing is clear: the UK has lost the EU’s extension to 22 May, and Brexit will now happen on 12 April with an extraordinarily tight schedule to find any options that MPs might be able to get a majority for and which could avoid No Deal. Even if they do find them, they will be at the mercy of the EU, and whether it will agree the inevitably necessary extension for whatever plan Parliament can come up with. If they refuse an extension for a plan or if MPs fail actually to find one, Brexit will occur automatically at the end of 12 April.

Updated 28 March: MPs have rejected every option put to them through the indicative votes held last night, votes which were meant to indicate what MPs could support if it came to it. All yesterday has clarified is that they support nothing. The Government is today looking to see if it can find a way of bringing MV3 back to the Commons tomorrow that will comply with the Speaker’s requirement for it to have changed substantially from when it was put to the House as MV2: if they approve it, we have Brexit on 22 May; if they reject it, we are back in chaos with the clock counting down to No Deal at the close of 12 April, just a fortnight away.

That at least is something that did become clarified yesterday. The legal procedure required to extend Brexit formally, as Parliament was required to do after agreement between Theresa May and the EU, was known as a Statutory Instrument, and that was passed yesterday … though 30 three-line-whipped Conservative MPs defied the Government and voted against it despite being faced with warnings from the Whips Office that voting it down would plunge the UK not just into further Brexit-related constitutional chaos but into deep and intractable legal problems. It passed, anyway, and so Brexit is now 12 April … without a deal unless MPs approve the Withdrawal Agreement in another Meaningful Vote (MV3) or come up with some solution to resolve the impasse.

They are sitting tomorrow even though they don’t usually sit on Fridays, and indeed have lost the first week of their Easter break … they are there until they resolve this, or until the clock counts down to No Deal on 12 April, whichever is sooner.

Updated 26 March: You will read a lot today about MPs “taking back control” of Brexit in Parliament last night. As with other claims of “taking back control”, the reality doesn’t always match up to the hype, and what MPs have actually taken control of is not Brexit, but the timetable of Parliamentary business which will see them discuss and vote on an alternative type of Brexit to that offered by the Withdrawal Agreement negotiated by the Government and the EU.

What this means is that over the next few days MPs will hold a series of what they call indicative votes, being a means of indicating (hence “indicative”) the options which Parliament could, if it came to it, coalesce around and approve. These options could include remaining in the single market or the customs union, or they could include a second referendum or a general election. But they will only be indicative – and even if the Government acknowledges them fully, they won’t be “approved” until voted on as actual measures in their own right. These votes are merely to see what MPs could approve, not what they do approve.

In fact, as different ministers including the PM herself have now said several times, the Government doesn’t want MPs to have the control, doesn’t think indicative votes are either useful or effective, and if they result in MPs agreeing they could support a measure that’s not in the Conservative Party’s last election manifesto, then the Government will simply ignore them. That, of course, could cause constitutional upheaval on a scale we have not yet seen and at least one MP has said that in such a case MPs would pass legislation instantly to force the Government to take notice of Parliament’s view whether or not it’s in their Tory manifesto, though it is not immediately clear how MPs themselves could force through such legislation.

Others are saying that they are now intent on taking further emerging considerations and possible action in light of the clear evidence now that Cabinet and the Government are only concerned with the Conservative Party rather than the country. Where this might lead is another thing but it is indicative itself of the way in which the Government seems to be unable to get any traction for what actually matters – stability and assurance for the country, its economy, its nationals in the UK or the EU, and EU nationals within the UK.

At present, with Meaningful Vote 3 postponed because of lack of support and May’s inability to reconcile the irreconcilable, and without any immediate sign of an actual decision that achieves something concrete coming out of Parliament, the UK has just over 16 days left in the EU before it leaves with No Deal.

Updated 25 March: The European Union has issued a statement entitled “Brexit preparedness: EU completes preparations for possible “no-deal” scenario on 12 April”. It says that since “it is increasingly likely that the United Kingdom will leave the European Union without a deal on 12 April, the European Commission has today completed its “no-deal” preparations. At the same time, it continues supporting administrations in their own preparations and urges all EU citizens and businesses to continue informing themselves about the consequences of a possible “no-deal” scenario and to complete their no-deal preparedness. This follows the European Council (Article 50) conclusions last week calling for work to be continued on preparedness and contingency. While a “no-deal” scenario is not desirable, the EU is prepared for it.”

The EU continues that although it hopes it won’t happen, if as seems likely the Withdrawal Agreement is not ratified by Parliament before this Friday – the original Brexit deadline of 29 March – the UK wil crash out of the EU with no deal on 12 April. The EU says that it has prepared for this scenario which would see the UK become a third country without any transitionary arrangements. All EU primary and secondary law would cease instantly to apply to the UK from that moment. Without a deal there will be no transition period, as provided for in the Withdrawal Agreement, the EU says, a situation which would obviously cause significant disruption for citizens and businesses.

In such a scenario, the UK’s relations with the EU would be governed by general international public law, including rules of the World Trade Organisation, with the EU immediately applying its rules and tariffs at its borders with the UK including customs checks and controls, sanitary and phytosanitary standards and verification of compliance with EU norms. Despite the considerable preparations of the Member States’ customs authorities, these controls could cause significant delays at the border. UK entities would also cease to be eligible to receive EU grants and to participate in EU procurement procedures under current terms.

Similarly, UK citizens will no longer be citizens of the European Union. They will be subject to additional checks when crossing borders into the European Union. Again, Member States have made considerable preparations at ports and airports to ensure that these checks are done as efficiently as possible, but they may nevertheless cause delays.

The full statement with a series of links to supporting documents, information, and advice, is HERE  (if there’s a problem with the link please just remove the “s” from the “https” in the URL).

Updated 3pm: The UK’s Ambassador to Spain Simon Manley has written this open letter to British nationals living in the country.

An open letter from HMA Simon Manley to British citizens living in Spain

I’m sure you have been watching events closely, both in Brussels and in London, so I wanted to give you a quick update about what all of this means for British people living here in Spain.

Following the recent votes in the House of Commons and then the ruling by the Speaker of the House of Commons not to allow another vote on the Withdrawal Agreement this week, PM Theresa May requested an extension until 30th June this year from our European colleagues.

Last night the European Council agreed an extension of our exit date to 22nd May, assuming that the Withdrawal Agreement is approved by the House of Commons next week. If the House of Commons doesn’t approve the Withdrawal Agreement next week, then the European Council decided that the Withdrawal date will be the 12th April. So the House of Commons will vote on the Withdrawal Agreement early next week.

I understand that all this is unsettling for many of you. You want to know on what terms and when the UK is going to leave the EU.

At this moment, leaving under the Withdrawal Agreement agreed back in November or leaving without a deal both remain possibilities. The exit date will be either 12th April or 22nd May, depending on what happens in Parliament next week.

As the situations develops, I and our consular teams across Spain will, of course, keep you updated.

But for now, please ensure you know how to prepare for Brexit by signing up for our Living in Spain guide on gov.uk and by joining our Brits in Spain Facebook community, where you can watch our videos on what you need to do to prepare, deal or no deal, for our departure from the European Union.

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Updated 22 March: As part of the new outreach programme devised by the British Consulate’s new Brexit officer, Deepika Harjani, there will be another Brexit information meeting following the one this morning in the Golf del Sur. The next one will be at 2pm on Friday 29 March – the day the UK was originally supposed to be leaving the EU. It will be held in Callao Salvaje’s Community Church in Sueño Azul – details on the poster.

Updated 11pm: Donald Tusk confirmed last night that the European Council has agreed to a Brexit extension to 22 May provided MV3 succeeds in the House of Commons next week (link to declaration). If Theresa May’s Withdrawal Agreement is not approved by the Commons, a secondary extension to 12 April comes into play by whicch date the UK must make its proposals for a way forwards to be considered by European Council. If the UK cannot offer acceptable proposals to the European Council by then it will be No Deal.

Donald Tusk was clear tonight. There is to be no reopening of the Withdrawal Agreement – the backstop stays – and preparations and contingency planning is now going full steam ahead throughout the EU27 for all possible outcomes, including No Deal. For Tusk, the UK has four options: a deal (ie Theresa May’s deal), No deal, a long extension (which would involve participating in EU elections), or Revoke Article 50.

It is hard to see how this won’t involve civil war next week in either Tory or Labour Party, or Parliament, or all three. Juncker said tonight that this was it, the EU could do no more.

Updated 21 March: With both Theresa May and Jeremy Corbyn in Brussels today, the former blaming everyone apart from herself for the current situation and the latter blaming himself for “confusion” after refusing to stay at a meeting last night because breakaway MP Chuka Umunna was present, the UK is in limbo with a petition to Revoke Article 50 started last night currently at nearly a million signatures. This is an official Parliamentary petition rather than a Change.org type, and Parliament is required to consider debating any that get over 100,000 signatures; the Revoke Article 50 Parliamentary petition is nearly ten times that within less than 12 hours. Its creator, Margaret Anne Georgiadou, says that “The government repeatedly claims exiting the EU is ‘the will of the people’. We need to put a stop to this claim by proving the strength of public support now, for remaining in the EU.”

A proposal for a second referendum, however, even if debated in Parliament, is unlikely to garner sufficient enthusiasm among MPs however many sign the petition: a clear majority of MPs oppose a “People’s Vote”, with one saying the other day that remaining in the EU now would be like someone demanding a divorce, spending the following two years berating and belittling their former partner, and then announcing “it’s OK dear, I’m not leaving” – hardly a comfortable situation, is the clear point.

It is in fact Theresa May who has mostly used the “will of the people” argument to try to get her deal through Parliament, and indeed on arrival in Brussels she was still saying that the “UK must deliver Brexit for the people”. Many of “the people”, those who comment on social media at least, are furious with her today for trying, as they see it, to pass the buck by refusing to accept any blame at all for what the Solicitor General has called “constitutional chaos”, and for being too rigid and refusing to contemplate any alternatives to her deal. MPs are spitting fire at what they consider to be her accusations of treachery on their part, and Commons Speaker John Bercow has himself defended MPs this lunchtime saying that in fact what they were doing was their job! “None of them is a traitor, all of you are doing your best. I believe passionately in the institution of parliament, in the rights and passions of the members of this house, and their commitment to their duty”, he said.

Jeremy Corbyn himself is coming in for some flak because of his behaviour last night at the Prime Minister’s meeting. His walking out because Umunna was present has been widely condemned as “immature”, and his attempt this morning at alleging it was merely “confusion” will hardly reassure voters who in the near future may be required to choose a new Government with him at the head of the main alternative to the present one.

Meanwhile, France is leading the support for Juncker’s tough line with the UK required to get MV3 through Parliament before any extension will be agreed. What was already looking like an uphill battle has today become nearer to an impossible dream with many of those May needs to support her deal alienated by her comments last night, and even the DUP, whose support appeared to have been secured again (allegedly after a further million Pound bung from the Chancellor), distancing themselves from the deal today.

If MV3 does get voted on, and then fails, it will be for the EU to offer a long extension to see what might be achieved, or for Parliament to decide what it can agree to perhaps by means of indicative votes. If both of these avenues fail, as France’s Macron has said only this lunchtime, it will be No Deal on Friday next week, eight days time.

Updated 20 March: Prime Minister Theresa May has confirmed this morning that she has written to Donald Tusk, president of the European Council (heads of EU27), to request a short extension to 30 June: her letter is HERE. She told the House of Commons that as PM, she was “not prepared to delay Brexit any further than 30 June”. She indicated that she was determined to hold another Meaningful Vote, and indeed EU Commission president Jean-Claude Juncker this morning said that MV3 would have to be passed before any extension could be agreed; May’s letter, however, requested the delay to be approved before putting MV3 to Parliament. If the delay is refused, or defeated again, or doesn’t actually take place with the Speaker maintaining his stance that it is unconstitutional without substantial change, or if the EU and UK can’t agree the order of delay approval and MV3, the UK is still looking at Brexit in nine days time.

Updated 19 March: After a fraught Cabinet meeting this morning, it seems that Theresa May is planning to write to the EU requesting a Brexit delay (as she was in any case instructed to do by her own amendment when it passed last Thursday). On the day that it is confirmed that Brexit has already caused 24 banks and €1.2 trillion in assets to move from the UK to the eurozone (link), the EU has met and concluded that it will need some sort of clear plan for it to grant an extension, and for a lengthy one the clear implication is that such a plan would have to include a second referendum or General Election. Barnier in press conference also made it clear that a request should either be for a long extension or a short one, not both: he said he was a simple soul and a thing could not be short and long at the same time. Unfortunately, there is little coming from London at present to suggest they know how long they need, nor in fact that there is any sort of plan at all; all sides, indeed, now seem agreed that the UK is fully in what the Solicitor General yesterday called “constitutional crisis”. What happens now is anyone’s guess, but Barnier’s press conference ended with him urging all sides to make final preparations for No Deal with the UK still set for departure, deal or not, in ten days.

Updated 18 March: The PM’s contemplation of whether she would have the votes to get her deal through the House of Commons on the third attempt or whether to pull it a second time has met the immovable object of Erskine May, the Parliamentary rulebook. This has been interpreted by the Speaker, John Bercow, as clearly ruling out an attempt to force a vote through more than once when the substance of the matter has not changed, or not changed substantially.

The Government is furious but is stuck between a rock and a hard place. The rock is the British Parliament, which now will not allow the Conservative Government to hold it in contempt (it has been found to have done so once only recently, and still over Brexit). The hard place is the EU, co-signatory to May’s Withdrawal Agreement. They are due to hold an EU summit on Thursday to discuss the “current situation”, arrangements which were made before the Speaker’s latest ruling which will no doubt be seen to complicate things even further.

May has been instructed by the success of her Government’s own motion last week to request a delay from the EU. Whether Bercow will see such a delay “substantially changes” the deal is another matter, and that anyway begs the question of whether the EU will grant one of more than a couple of months with European elections looming, and a grant of one less than a couple of months allows very little time for the UK to get anything sorted out.

And so, at this moment, the possible scenarios are that May will request a delay and present a renewed deal to the Commons with the Speaker agreeing to or rejecting the changes as “substantial”; if she does and he agrees, this will result in the deal being put to Parliament again. Otherwise not.  The Government could also prorrogue Parliament: this would almost certainly require the Queen to agree to a Government request to terminate this current session of Parliament and start another. This would allow Meaningful Vote 3 to take place because the rule is just that a defeated vote cannot be put back to Parliament unchanged within the same session.

Alternatively, the EU could grant an extension purely for an election, or a second referendum … or MV3 could be brought back with an approval referendum as an adjunct so that even if Parliament were to approve the Withdrawal Agreement, it would still have to be put to the country to approve. Whether that would be considered “substantial change” would also need to be determined. And of course, this all assumes EU agreement to a request for delay.

The speaker clearly chooses his moments for maximum impact. And the impact is, currently, maximum, at least in terms of confusion. And as things stand right now, the UK is set to leave the EU at 11pm in 11 days time.

Updated 14 March: After a series of votes this evening the House of Commons has rejected its chance to take control of the process and has instead approved a Government motion to request an extension from the EU until 30 June. Assuming they agree – and they may not but probably will – Brexit will not now happen on 29 March.

Updated 13 March: Continuing the series of events for UK nationals on Living in Spain and Brexit, British Consul Charmaine Arbouin, Vice-Consul Helen Keating and the consular team will be updating residents with the latest information on Brexit and what this means for UK nationals living in Spain on Friday 22 March in Golf del Sur. The event is taking place at the Rendezvous Restaurant in the Winter Gardens complex at 11:30am. There is no need to register beforehand.

The team will be covering a range of issues, including residency, registration, healthcare and pensions – so whether you have a specific question about living in Spain or simply want to know more about how Brexit might affect you, please come along and talk to them. Consul Charmaine Arbouin said: “As we move closer to 29 March, we will continue to do all we can to update citizens as and when we have more information. In the meantime, I continue to urge all UK nationals living in the Canaries to ensure you are correctly registered and to stay up to date with the latest news, by signing up for email alerts and visiting the Living in Spain guide on gov.uk and following our Brits in Spain social media channels, including on Facebook.”

These events are part of an ongoing programme of outreach and events being held across the country, details of which will be available on Brits in Spain social media channels and in English language media. Advice for UK citizens living in Spain can be found on gov.uk/living-in-spain. The Foreign Office also recommends following their Brits in Spain Facebook page, and to sign up for alerts from the gov.uk page to ensure you are getting accurate information.

Updated 13 March: Theresa May lost her second “meaningful vote” last night by a margin double that which the EU said would effectively close the door on the Withdrawal Agreement. Tonight there will be a Parliamentary vote on No Deal, and tomorrow there should be a vote on extending Article 50 … or more accurately, a vote on whether the UK should request the EU to grant an extension, something they have said they will only do if there are concrete reasons for such an extension, in other words not just for more of the same shilly-shallying that has been going on for the past three years.

Whatever happens now, Spain’s Prime Minister Pedro Sánchez has said tonight:

The British Parliament has decided not to ratify the Withdrawal Agreement reached between the Heads of State and Governments of the European Union and the United Kingdom. It has done despite additional guarantees that, with great effort, had been offered by the Union. This decision, which I regret deeply, means prlonged uncertainty just a couple of weeks before the point when Brexit should, in theory, take place. We can learn a lot from a process that keeps the British people in a real dead end.

Without taking three factors into account it is impossible to understand Brexit: nationalism that advocates withdrawal from a perspective of exalted myths and false nostalgia; the advance of the extreme right; and the simplification of democracy around the figure of the referendum as a tool from which to offer easy answers to complex problems.

The years prior to the referendum in June 2016 were marked by the rise of UKIP, a political force that made the departure of the United Kingdom from the EU its raison d’etre. In order for the party’s narrative to gain traction in British society it resorted to constant demonization of the EU and consciously ignoring the real needs of British nationals. All with a single aim: that leaving the EU should monopolize the UK’s political agenda.

We saw a phenomenon repeated that has been seen historically in Europe: a minority and extremist faction imposing its ideas by means of conditioning other political actors – actors who sacrifice pragmatism with devastating consequences.

The referendum took place, with the result that we all know.

This decision method is similar to circumstances we find ourselves in today: a simple yes or no answer to complex questions with far-reaching consequences. A binary decision mechanism with mutually exclusive alternatives that obliterated the wealth of nuances that are natural to democracy. That is the vision of democracy that deserves to be preserved in Europe.

All kinds of exaggerations and lies were served in the campaign. It was said that there would be extra money for the NHS; that there would be access to the single market, or that trade agreements were the easiest thing in history to achieve.

The top priority of the Government of Spain has always been the same: to offer rigour, certainty and security in this process – especially to residents and those involved in the economy – and to strengthen the bonds of the future relationship with a country with which we are linked by deep ties of all kinds.

On a day like today, the important thing is that Spain has done its work. We Spaniards are prepared for any scenario, Deal or No Deal.

To manage the UK’s departure with confidence, last November, once I verified the guarantees on Gibraltar that Spain needed, the Heads of State and Government endorsed the Withdrawal Agreement and approved the Political Declaration on the future relationship.

This Agreement offers peace of mind and security to those who have made vital decisions based on the UK’s decades-long membership of the EU, to preserve their rights and ensure that the UK would honour the financial commitments made in that time.

It also foresees a transition period to allow progressive adaptation to the new circumstances, as well as advance in the negotiation on the future relationship between the EU and the UK.

The Agreement also guarantees that the border between the Republic of Ireland and Northern Ireland will remain invisible, preserving peace and the spirit of the Good Friday Agreement. Incidentally, few examples demonstrate more clearly the key role played by Europe in healing wounds that have festered for generations. Open wounds about forgotten borders that some are eager to replace.

The Withdrawal Agreement offers all the guarantees, certainty and security possible for an orderly exit. And it is complemented by a Political Declaration that marks the way to a mutually-beneficial future relationship.

In respect of Gibraltar, the European Council and Commission adopted a joint declaration in which, for the first time in history, a determining role for Spain has been recognized including a veto over future relations between the colony and the EU. The guarantees obtained have been strengthened by including the clarification on the territorial scope of Article 184 of the Withdrawal Agreement in the new joint instrument. Thanks to this, we are in a privileged position to build the future of shared prosperity between the country and Gibraltar in coming decades.

To reach this agreement, the 27 Member States made maximum efforts to be flexible. Sadly, when the most intransigent nationalism monopolizes debate, any concession or pact is interpreted as betrayal.

In January, the UK Parliament found itself faced with the dilemmas posed by the destruction of a framework of political, legal and economic relations of more than 45 years. It was the logical culmination of a process contaminated by simplistic rhetoric posed by a divisive mechanism like a referendum.

MPs did not ratify the Withdrawal Agreement, nor were they able to reach a minimum consensus on actual existing possibilities – No Deal departure, negotiated agreement, or Remain. The ultimate result of the referendum decision has been total political deadlock.

In any case, faced with a No Deal exit, I would like to send a message of calm. The Government of Spain approved a royal decree on 1 March with contingency measures covering all aspects linked to the withdrawal. The Governent has also set up logistical measures with the approval of an offer of public employment for the most affected sectors like Customs.

The European Commission, for its own part, has adopted the measures necessary in respect of its own areas of competence.

After its withdrawal, the United Kingdom will stop being part of the EU, but not of Europe. It will continue to be a very important partner, especially for Spain, the first country by number of British residents and tourists in the EU.

The measures we have adopted protect the rights of British citizens residing in Spain, and the British Government has announced that it will do the same in respect of Spanish residents in the UK.

Our bilateral relations are excellent and will continue to be so, and the UK will be able to count on Spain as partner and ally. Looking to the future relationship, I want to maintain the greatest mobility for our citizens and connectivity between our two countries, as well as the closest possible cooperation in respect of security, the fight against organized crime and terrorism.

Whatever happens from now on, the EU has to continue the process of integration. The next European elections will be decisive. Two clearly defined options are are set against each other. One looks back to the past, rejecting diversity and afraid of the future. The other is clearly pro-European, committed to reason and common sense, and through treatise and the spirit of agreement. It is time to step forward for that Europe. It is time to protect Europe if we want a Europe that protects us.

Next Thursday at the European Council I will continue working to guarantee the security and certainty of Spaniards and Europeans, and for the validity of a single framework in the world which requires the commitment of European Governments to continue advancing, all in defense of the European model, the only model that has been able to combine economic development and supremacy of rights, freedoms and values ​​for which it is worth continuing to fight.

Updated 7 March: Most British passport holders will not have a problem but some will so it’s worth reminding travellers that Schengen rules require travellers from outside the Schengen area to have at least six months left on their passport. The UK is currently in the EU so there’s no problem even though the country is not a Schengen member, but in a No Deal Brexit, where the UK leaves the EU without a deal, anyone with less than six months left on their passport will not have a valid passport for travel to Spain, which is in both the EU and the Schengen area.

If one of the various possibilities for a deal succeeds in the next three weeks then after 29 March there will probably be no issue for travellers, at least as long as their passport is valid for the expected duration of their trip, but anyone planning now to travel after that date can’t wait to hope for a last minute deal to save them renewing their passport if it’s coming up to its expiry date. The UK’s Home Office has provided THIS website for British nationals holders to check if their passport will be valid for their intended visit, and if it needs to be renewed then it really needs to be done immediately because it can take three weeks to get a new one issued.

Updated 2 March:  At the end of January, Spanish Prime Minister Pedro Sánchez said that Spain would be introducing a law for Spain’s Brexit contingency measures which included important provisions in regards to citizens’ rights and business (see updates on 14 and 30 January below). This has now been approved by the Consejo de Ministros (the Spanish Cabinet), and its details are HERE. In response, British Ambassador to Spain Simon Manley said:

The UK Government’s top priority remains securing a deal with the EU that wins the support of the UK parliament. However, like any responsible government, the UK Government is planning for every eventuality. It has already announced a series of no deal contingency measures, published extensive advice to business and citizens, and has guaranteed the rights of EU nationals living in the UK. I am pleased to see that the Spanish Government has today announced a series of detailed Brexit contingency measures, should the UK leave without a deal. The Royal Decree offers important assurances on issues like residency and access to healthcare for the more than 300,000 British nationals who have chosen to make Spain their home, and for the many millions more British tourists who visit Spain each year. I welcome too the announcement on customs procedures to avoid potential obstacles to the free movement of goods, which will be important to both British and Spanish businesses who trade in or between our two countries.  It is also welcome that the Spanish government has made clear that the measures will apply to Gibraltar, with special consideration for maintaining flows across the border. This will provide some certainty to citizens and businesses in Gibraltar and Spain, and helps to protect the close economic and social relationship between the Campo de Gibraltar and Gibraltar.

Health Minister Stephen Hammond said:

This is a positive step forward in securing an agreement which will enable British expats to access Spanish healthcare in the same way they do now. This should also give reassurance to the millions of British tourists who travel to Spain every year using the EHIC scheme for free or reduced medical costs if they need to see a doctor or nurse. Our next priority will be to continue our work with other EU member states, so that healthcare access for all UK and EU nationals are protected in a no deal scenario.

The British Embassy in Madrid and its network of consulates have held over 100 outreach events all across Spain in the last two years, explaining the implications of Brexit to resident UK nationals  and answering their questions. Through these events and through the Embassy’s digital channels they have underlined the importance of British nationals living in Spain being correctly registered.

Being correctly registered means being registered with the National Police and in receipt of a green document, the Certificado de Registro. Its age and size – whether A4 or credit-card size – are irrelevant, and it does not need to bear the word “permanente”. Permanencia is something that happens automatically after five years legal residence, and those who like to see the word on their document can change it for one that says permanente but this it is not a requirement.

It has long been the case that that British nationals who live in Spain for more than 3 months of the year, should hold a certificate of registration from Extranjeria. Spain has announced today that, through the Royal Decree, UK nationals living in Spain will maintain their legal residence status after 29 March and that they, and their family members, will have until 31 December 2020 to get a Foreigner’s Identity Card. Further information on the process for obtaining this card will be released in due course. The key message – and NOW – is that it is essential for all British nationals living in Spain to check their residence status and ensure they are correctly registered.

On healthcare, the UK has offered to fund healthcare in Spain for UK nationals who would benefit from the S1 / EHIC schemes until 31 December 2020 on a reciprocal basis. The UK is also protecting healthcare for Spanish nationals in the UK. Through the Royal Decree, the Spanish Government has said that it will introduce measures that will protect healthcare for UK nationals in Spain, whether they be residents or visitors, under existing reimbursement mechanisms which have seen the UK Government providing £250m last year to Spain for the healthcare costs of British nationals in the country, and the Spanish government paid the £4 million for the healthcare costs of Spanish nationals in the UK.

The official Spanish “Brexit” website is part of the Interior Ministry’s site, and it is HERE. Spanish PM Sánchez said that his goal was to preserve the rights of Spanish and British citizens, as well as protecting a normal trade flow and Spanish economic interests in the event of a chaotic Brexit without a deal, and in this respect, Spain was acting unilaterally. In other words, this is Spain’s gift even though the UK has not yet guaranteed reciprocity; it’s almost certain to reciprocate, but it is thanks to Spain alone at present that we have these reassurances and I think it is important to recognize this.

Updated 26 February: When I was a child, a week was a long time in politics. Now, a day is. In fact, an hour is! As of the afternoon of Tuesday 26 February, therefore, this is the latest situation. The Cooper-Letwin amendment to delay Brexit has this afternoon been pulled and will not now be put to the House because Theresa May has made announcements today that many Conservative MPs, crucially including Oliver Letwin himself, think reflect a sufficient move to persuade the Parliamentary party that it still has some say in the process … a move that also pushes the prospect of No Deal further into the rough/into the long grass/in the bin (whatever’s your metaphor of choice).

Labour has said it will back a second referendum, with Emily Thornberry explicit this morning that the referendum would have May’s deal or Remain on it as the only two choices. A second referendum is extremely unlikely, it has to be said, not least because of time limitations but mainly because there is no appetite for it amongst MPs who would have to vote in favour of the Labour amendment. Instead, they will now have three votes, as follows:

    • Tuesday 12 March: meaningful vote on TM’s Withdrawal Agreement
    • Wednesday 13 March: assuming Tuesday’s vote fails (which is likely) MPs will then have a specific vote on No Deal.
    • Thursday 14 March: assuming Wednesday’s vote fails (which is likely) MPs will then have a vote on requesting a delay of Article 50 (which the EU26 are likely to approve).

The delay/extension is mooted as just for a couple of months but given the Government’s recent history of kicking cans down the road, it seems to me that an extension can be replaced by any number of other extensions, or even intrinsically extended itself. As such, it could be an indefinite extension … essentially Remain without actually making the decision to remain.

What might happen if Thursday’s vote also fails is presently unclear but if it were to fail, MPs would have rejected “the” deal, any extension of the deal, and a no-deal Brexit! Perhaps Labour’s amendment of a second referendum will slot into the second of those three days, or even the day after, the 15th March. At that point, should it be reached, the men in white coats will probably have their work cut out for them in the UK and across Europe! What was I saying just two days ago about the Ides of March?!

Updated 24 February: The Prime Minister has said that the vote on her Brexit deal will take place on 12 March, just 17 days before the UK leaves the EU unless Article 50 is revoked (which the UK can do unilaterally) or the UK requests a Brexit delay (which requires the consent of all other EU member states).

The vote will take place a day before the Cooper-Letwin amendment is placed before the House: if Theresa May’s vote succeeds then her deal will be accepted and the Withdrawal Agreement in place; if her vote fails then either the amendment will suceed and she will be required by Parliament to request a delay, or the amendment itself will also fail and nothing will then stand between the UK and a hard Brexit.

This is what the ERG (and DUP) want, of course, and so they have a difficult decision to make. If they vote against Theresa May’s Withdrawal Agreement, the Cooper-Letwin amendment could succeed, especially with the new central Independent Group formed by the disaffected from both Labour and the Tories. And if C-L succeeds, Brexit will be delayed, possibly permanently, assuming the EU26 agree. But if the ERG climbs down and votes for the Withdrawal Agreement after all simply to get some form of Brexit, they will be getting a deal that is in their own words the “worst of all worlds”.

Meanwhile, Michel Barnier is voicing a clearly growing concern in EU and Westminster circles that lurking in the chaos of the final weeks, days, and hours, during which the Article 50 clock continues relentlessly ticking away, is a No Deal By Accident Brexit, one in which everything failed except the inexorable countdown to the point at which the UK is no longer a member of the EU regardless of any attempts to stop, delay or alter the process.

The Ides of a month in the Roman calendar were, generally, the central days. They were fatal both for Julius Caesar and for the Roman Republic. We won’t have too long to wait now to find out how they pan out for the United Kingdom.

Updated 10 February: It’s now less than 7 weeks away from the final second of the clock that’s been ticking away for over 2 years, counting down the time remaining for the UK’s membership of the EU … or the time remaining for the UK to win its freedom, depending on your stance.

My mailbag suggests that those who were shocked into sorting out their police registration is tailing off – they have perhaps sorted out their paperwork after all or decided that it is not capable of resolution – and the tone has now switched to those who are perhaps for the first time facing the reality of Brexit and saying they’d like to find out what comes afterwards … in both of the two likeliest scenarios of Deal or No Deal. Apart from replying “wouldn’t we all” (!) we are still (completely unbelievably) in “nothing is confirmed” territory. Spain is making all the right noises but the UK is still stuck in “we are making every effort to coordinate/we hope that we will be able to agree/this SHOULD be fine” …

So, for anyone thinking of emailing or messaging, the current situation is that the Labour party is now in meltdown after deputy leader Tom Watson effectively declared war on the Liverpool Labour Constituency Party over anti-Semiticism. The local party wanted to deselect a moderate Jewish MP it accused of bullying activists and not supporting Corbyn, Watson said the local party was the bully. The MP remains but war has been declared … and when war is declared on Labour in Liverpool, bodies start piling up. Anyone remember Derek Hatton?

Meanwhile, Conservative minister James Brokenshire has said on Marr this morning that TM’s Withdrawal Agreement essentially delivers the benefits of a customs union, without the label. A Customs Union is what Corbyn’s front bench is demanding to get the WA through the Commons without the DUP and ERG.

This makes a mockery of any Parliamentary debate because none is needed if Labour can have what it wants if it will just call it something else. So if they can agree the words, the deal goes through Parliament, and then we have an orderly Brexit with everything to be debated for the next several decades no doubt in the non-binding Political Declaration which determines our future relationship with the EU … and while those decades pass, the status quo applies.

What are the chances that there can be agreement across the House on the new name for the Customs Union that isn’t a Customs Union (I can think of a few handy acronyms!)? I say those chances are small … and both parties are likely to split if any agreement is found in any case.

Meanwhile people are still talking about a delay which the PM won’t request, a second referendum which Parliament won’t approve, and an election that neither side thinks they can win while Nigel Farage has set up a new party that’s been recognized by the Electoral Commission and is indistinguishable (to me) from UKIP …

Happy Days.

Updated 2pm: One aspect of the concerns about driving after Brexit relates to those British nationals who are resident in the EU and who have exchanged their UK licences for Spanish ones. I’ve had several enquiries now from people who are worried about their rights to drive in the UK on a Spanish licence after Brexit, especially should there be no deal. There is no need to worry at all, however, because the UK itself has said:

From 29 March 2019, in the event that there is no EU Exit deal, arrangements for EU licence holders who are visiting or living in the UK will not change.

Visitors with EU driving licences will not need an IDP to drive in the UK.

EU and EEA licence holders visiting the UK can continue to drive on valid EU and EEA licences.

EU and EEA car or motorcycle licence holders who are (or become) UK residents can drive in the UK using EU and EEA licences until they are 70 or for up until 3 years after they become resident, whichever date is the later. At this point an application would need to be made for a UK licence.

For EU licence holders who passed their test in the EU or EEA, the UK will continue to exchange their licence.

EU licence holders who passed their test outside the EU or EEA have restrictions on licence exchange. As such, they may need to take a test to obtain a UK licence.

The official information from the British Government on all aspects of driving throughout Europe after Brexit is HERE.

Updated 1 February: The European Council has announced this morning that EU ambassadors have agreed that UK nationals coming to the Schengen area for a short stay, which they classify as 90 days in any 180 days, should be granted visa free travel after Brexit regardless of whether there is a deal or not. The Council Presidency will now send the legislation to the European Parliament to be passed into law. The UK government has welcomed the news.

Updated 31 January: Many are concerned about rights to drive in Spain, and the rest of the EU, after Brexit, so it is worth repeating the British Government’s advice on the subject. This is:

If you are a UK licence holder living in the EU or EEA you should exchange your UK driving licence for a local EU driving licence before 29 March 2019. From that date, in the event that there is no EU Exit deal, you may have to pass a driving test in the EU country you live in to be able to carry on driving there.

You should consider exchanging your UK driving licence for an EU driving licence as soon as possible. Increased demand may lead to longer processing times and delays to exchanging driving licences the closer it is to 29 March 2019.

You can drive on your EU licence when visiting the UK.

If you return to live in the UK, provided you passed your driving test in the UK (or another specified country), you can exchange your EU licence for a UK licence without taking another test.

The British Consul to southern Spain and the Canaries, Charmaine Arbouin, herself said in a public meeting here in Tenerife in November that the best advice right now for anyone who wants to drive here as a visitor is to get an international driving permit, and that anyone living here should really exchange their UK licence for a Spanish one even though this is not a “legal requirement” for those with UK/EU-compliant photocard licences: these legally only have to be renewed in the country of residence at the point of expiry, but the rule applies to EU nationals, which of course British citizens won’t be after Brexit. There is information about the IDP and more from the official British Government website HERE.

Updated 30 January: Yesterday, the Guardian published an article which has sent shockwaves through British resident populations throughout the EU, and Spain was no exception. The article was headlined “UK retirees in EU will lose free healthcare under no-deal Brexit”, and is HERE. Mainly it is talking about changes to the S1 system after Brexit, which are inevitable, and could affect future retirees’ health cover, but it has been widely taken to imply British nationals already legally resident in the EU will lose that health cover which they already have. Today, the Foreign Office has issued the following statement:

You may well have seen the news story. It has triggered some reactions, so we wanted to try and offer some reassurance where we can and to add some Spain-specific information: New advice for travellers visiting the UK, EU or European Economic Area in the event of a no-deal EU Exit

An Embassy spokesperson said: “It is a priority for the UK’s Department of Health, and for the British Embassy in Madrid, to ensure UK nationals living or working in the EU can continue to access the healthcare they need as we exit the EU.

We are working closely with Spain to make sure patients can continue to access healthcare, whatever the outcome. The Spanish government has already announced that it is planning contingency measures to guarantee healthcare provisions to UK nationals living in Spain starting on the date of the UK’s withdrawal from the EU if there is no agreement, on a reciprocal basis.”

As background:

  • Spain has already announced legislation which protects the healthcare arrangements of UK nationals subject to a reciprocal agreement.
  • Spain is bringing forward a law giving the Spanish President the power to guarantee British nationals access to healthcare under the current system in the event of a no deal – providing there’s a reciprocal agreement based on current access. For more information on Spain’s Brexit contingency measures, including on healthcare, please see HERE.
  • For the latest information including on moving to and living in Spain, including EU Exit and healthcare, please do check for any alerts and updates from the official site HERE

Updated 21 January: Thanks in no small part to the work done by Anne Hernández of Brexpats in Spain, the Spanish Government has now approved a bilateral agreement with the UK for anyone on the Padrón and census by 30 January to be able to vote and stand in local elections in May. Please note that the census is a subset of a local authority’s register of residents (Padrón) and not every resident is automatically entered: anyone wishing to vote should not just be on the padrón but should request to be added also to the census, which is the equivalent of the UK’s electoral register.

Photo: Commons Press Office/Jess Taylor, Mark Duffy

Updated 15 January: At least we know something tonight. Theresa May’s Brexit deal has suffered the worst defeat in Parliamentary history. She only had to lose by fewer than 166 to avoid that ignominy, but rather she lost by 230. Tonight, President of the EU council Donald Tusk says “If a deal is impossible, and no one wants no deal, then who will finally have the courage to say what the only positive solution is?”. A reasonable question.

The Spanish Prime Minister Pedro Sánchez has said tonight “the Spanish Government regrets the defeat tonight in the UK Parliament. The Withdrawal Agreement is the best available and a chaotic Brexit will be negative for the EU and catastrophic for the UK. Spain is working on contingency measures and will prioritize the rights of citizens and residents”. Meanwhile there will be a vote of confidence in the Conservative Government tomorrow, a vote that Labour is widely expected to lose, and then what?

Updated 14 January 2019: At least we’ll know something tomorrow! Assuming Theresa May does not pull the vote on her Withdrawal Agreement again as she did in December, MPs will have to vote on whether to accept it or not. They are widely expected to reject it, and then we will have to wait to see what Parliament decides it does actually want to accept, whether that’s a “Plan B” (which currently does not seem to exist and which must be produced in three days of tomorrow’s expected defeat), or a second referendum, or a general election, or … who knows?! Meanwhile, however, Spain has produced THIS website confirming the status of British nationals living in Spain in the event the deal is accepted, and in the event that it is not (any problems with the website, just remove the “s” from the https).

Spain says that if the deal is accepted tomorrow in Westminster, the rights of British nationals living in Spain will be maintained not just during the transition period set to end in December 2020 but permanently. We will lose the right to vote and stand in elections to the European Parliament, though our right to vote and stand in municipal elections might be preserved through a bilateral agreement currently being negotiated between Spain and the UK. This applies only to those registered with the police at the official date of departure – i.e. 29 March this year. Our existing Registro certificates, however, are for EU nationals, and so from 30 March, British citizens and family members already legally resident in Spain may request a Foreigner Identity Card (TIE – Tarjeta de Identidad de Extranjero), a definitive residence document that will prove the holder’s eligibility to the rights included under the Withdrawal Agreement. The TIE will be issued immediately, as the Registro currently is, and it will specify that it has been issued in accordance with the Withdrawal Agreement.

If the Withdrawal Agreement is rejected tomorrow Spain says that it will provide a solution that in any event guarantees the legal security of British citizens and their family members legally resident in Spain before the exit date since the UK has already confirmed reciprocity for Spaniards in the UK. Spain is currently establishing the precise terms of this process, which will no doubt depend in no small part on what happens in the UK parliament after May’s deal is rejected. The Spanish Government says, however, that the terms will be governed by the following principles:

  • British citizens who are resident in Spain before the UK’s withdrawal date (29 March 2019) will be subject to the general immigration regime. In other words, British citizens who are now residents as EU citizens will be subject to the regime governing citizens of a third country.
  • All British residents in Spain will be considered legal residents in Spain. To obtain permanent residence prior periods of residence in Spain will be taken into account in accordance with the regime governing EU citizens.
  • To facilitate documentation of all the British citizens in Spain, the registration certificates and cards of family members of EU citizens will continue to be valid until the issue of new documents under the general immigration regime (TIE cards).

Updated 20 December 2018: Given the enquiries I’m getting suggesting people are going to be worrying over Christmas about Brexit because they’ve seen a whole series of “no deal” announcements from the UK Government and EU Commission, I think it’s worth posting my “simple paperwork checklist” again: see HERE.

In a nutshell: Westminster MPs are all going off on their Christmas holidays today, and the debate on Theresa May’s Withdrawal Agreement, which she postponed recently when it looked like it was going to end in a crippling defeat, has been rescheduled and has now been confirmed (by Leader of the House Andrea Leadsom) to start on 9 January, with the vote some days later – likeliest is 14 or 15 January.

Despite the raft of policy notices about a No Deal situation, both the UK and EU still ultimately see this as unlikely, and so the prospects are either that Theresa May’s deal will be accepted in January by Parliament, in which case the UK’s departure from the EU will be controlled and there will be a transition/implementation period until the end of 2020, OR Parliament will vote for one of a range of options including a second referendum, a general election, revoking Article 50, or, still the unlikeliest scenario, a No Deal cliff-edge crash out of the EU.

We cannot know, so it is pointless worrying, what is going to happen until this debate and vote on the Withdrawal Agreement take place. All we can do is ensure our situation is as legal as possible before the proverbial hits the fan, if that is what it ends up doing. Please do read the paperwork checklist – I’ve called it quick and simple because it is – which could make all the difference given that we are going into Christmas and the New Year without the foggiest idea of what 2019 will bring in terms of the UK’s place in the world, and ours in Spain.

Updated 28 November: The British ambassador and Consulate team have been in Tenerife meeting British nationals and updating them on the latest concerning Brexit. The post about the visit and the public meeting is HERE.

Updated 25 November: The EU27 have this morning endorsed the Withdrawal Agreement and Political Declaration setting out the framework for the future relationship between the UK and EU. Theresa May will now be touring the UK to hold public meetings to sell the deal to the public, with Parliament expected to vote on it next month.

Also next month the UK’s High Court is expected to rule on a fast-tracked hearing to determine whether Brexit itself should be declared void. This is because of what lawyers call the “absolutely extraordinary failure” of the British Government in refusing to act on “the growing evidence of illegality in the 2016 referendum campaign and the National Crime Agency’s probe into suspicions of multiple criminal offences” committed by Aaron Banks and the Leave.EU campaign. The case opens on 7 December and a ruling is expected before Christmas.

If Brexit is derailed either by Parliament’s rejection of the Withdrawal Agreement or a High Court judgment to void the process, the UK will be in completely unchartered territory, and a constitutional crisis will unfold with everything up for grabs across the entire spectrum from a hard Brexit to a Remain After All, perhaps via a unilateral cancellation of Article 50. Whether that would actually be possible is itself being determined by the Courts – but this time by the European Court of Justice since the UK’s Supreme Court rejected on 13 November the Government’s attempt to stop it being decided in Europe. The ECJ will hold its emergency hearing on the matter this coming Tuesday 27 November.

It will soon appear, perhaps, that the EU’s ratification of the Withdrawal Agreement, two and a half years in the making, was the easy part of the process.

Updated 22 November: For the sake of completeness, and to give anyone interested a chance to read them in advance of the Ambassador’s meeting in Tenerife on Tuesday, HERE is the text of the Withdrawal Agreement and HERE is the Draft Political Declaration. The first has been agreed between PM Theresa May and the EU, and the second has this morning been agreed at negotiator level and agreed in principle at political level: Donald Tusk has now sent it to the EU27 leaders in advance of a summit to be held on Sunday where both are likely to be approved. Assuming they are, these two documents are what will be presented to Parliament next month.

Updated 20 November: Just a reminder that HMA Simon Manley will be at the Villa Cortés Hotel a week today, Tuesday 27 November from 5.30pm for a public information meeting about Brexit as I posted HERE earlier this month. Downing Street has confirmed today that Theresa May will be in Brussels tomorrow evening to finalise the Brexit deal in a meeting with EU Commission President Jean-Claude Juncker, and so now is the time when the deal is fully clear. It can of course still be rejected by the British Parliament, but unless it is thrown out by the ERG, the DUP, or Labour, or unconvinced Conservative Remain MPs, or any combination of them in Westminster, or a snap election or second referendum is called, this will be the Withdrawal Agreement by which the UK leaves the EU. This is therefore your chance to get information about it from the best possible informed source, the Foreign Office itself, and the UK’s own ambassador to Spain.

Updated 16 November: As I posted last week, the British Government has introduced legislation so that British nationals living in the EU will continue to have their healthcare protected even in the case of a No Deal Brexit. The new Healthcare (International Arrangements) Bill establishes the legal basis for funding and implementing reciprocal healthcare schemes for residents abroad, as well as the new EHIC arrangements. Yesterday, on Radio Sur’s English Time, Clio O’Flynn spoke to British Consul Charmaine Arbouin, and the recording of her explanation of the up-to-date situation is HERE.

Updated 14 November: The UK Cabinet has approved Theresa May’s Brexit “deal” today, and the EU’s chief negotiator Michel Barnier has said in response that EU nationals in the UK and British nationals in EU countries “will be able to live their lives as before in their country of residence”, and that the deal will, to paraphrase, keep the UK in a Customs Union permanently. Such interpretations, however, have infuriated “Brexiteers”, and mean it is unlikely that Theresa May will be able to get the Cabinet approval through Parliament as things stand since the ERG (Jacob Rees-Mogg’s anti-EU “European Research Group”) and the DUP have both said they deplore the approval. The Parliamentary situation, to follow a cabinet clearly divided – with only Michael Gove of the “Leavers” approving the “deal” – is that some incredible bedfellows have been made over the past day or so, including Tony Blair and Boris Johnson: the likelihood of May being able to get this through Parliament in the teeth of opposition from Labour, the DUP and the ERG is slim. But for tonight, there’s a “deal”. Tomorrow? Who knows?!

Updated 13 November: The UK and EU have agreed a “withdrawal deal” at a technical level, it has been announced this afternoon. The cabinet has been summoned to Downing Street tomorrow afternoon at 2pm to agree it. If they do, it will then go to a European Council summit likely later this month, and then the UK Parliament in December, the last possible moment to get a deal through to ensure preparations are made in time to avoid a No Deal scenario.

This afternoon’s announcements, however, have been followed hot on the heels by a few others. Boris Johnson has said the deal won’t work; Jacob Rees Mogg has said his ERG’s members in Parliament will vote it down, as have the DUP. Moreover, the PM has called “key cabinet ministers” into Downing Street tonight for one-on-one meetings – it seems they will have a copy of the 400 or so page “deal document” to read through before tomorrow’s meeting but will not be allowed to take it out of Downing Street: the likeliest interpretation is that Theresa May is trying to avoid grandstanding shows tomorrow and to force any possible resignations tonight rather than during cabinet.

So, if this gets through cabinet tomorrow, it is likely to be approved by the EU council since it is Barnier’s work as much as the UK’s. It is then quite possible that it will be stymied in the British Parliament, however, because Theresa May does not seem to have the numbers to get the deal through in the face of opposition from the ERG, DUP and Labour. The options still seem incapable of being called, between deal, no deal, “people’s vote” (aka 2nd referendum), and general election. But for the moment, there’s a “deal” of sorts even if it doesn’t survive the next 24 hours, let alone next 24 days!

Updated 8 November: The Government has always insisted that it has every intention of protecting existing healthcare rights of pensioners in the EU, and this was always intended to be included in the withdrawal agreement and future relationship protocols. With talk and pressure increasing daily now, however, over the possibility of a no-deal Brexit if the withdrawal agreement is not signed off by the UK and the EU very soon, the UK Government has today confirmed that British nationals living in the EU will continue to have their healthcare protected even in the event that the UK crashes out of the EU without a deal.

The Government says that the new Healthcare (International Arrangements) Bill seeks to safeguard healthcare for expats and the 50 million people who travel abroad every year. It will establish the legal basis to fund and implement reciprocal healthcare schemes and share necessary data after the UK leaves the EU, with continued benefits including reducing the cost of insurance and making travel more viable for older people and high-risk groups, as well as providing a boost to the travel economy. The Government says that the Bill will also establish the basis for a new arrangement allowing the EHIC scheme to continue after 2020, though this is subject to agreement with the EU.

The people perhaps most concerned about these arrangements over the past two years will be the 190,000 or so British pensioners who have retired abroad, and they can now be reassured that they will continue to receive healthcare provided by the Spanish state system and covered by the UK even in the event of a no deal Brexit.  Obviously this is a proposed law, and like all Bills has to go through Parliament, but it is pretty inconceivable that it won’t be passed.

Updated 19 September: We are now getting to the sharp end of being Brits abroad with Brexit looming just as it appears the various and opposing entrenched positions are about to clash head-on, as I posted a few days ago. And in the increasingly pressing situation it does appear that the message is getting through to those who have, putting it politely, been assuming they could get by without doing any of the “official bureacratic nonsense” – which is how one person has described it to me.

Incredible as it might seem to some (many?), there are British nationals living in Tenerife who are not registered with the police as legally required for foreigners living here, who are also not registered with a doctor, who don’t pay taxes here because they consider themselves “non-resident” even though living here permanently, and who don’t even have bank accounts. And now, it’s panic stations for some of them … while others remain blissfully ignorant of the danger they’re running.

So, given the situation let’s be clear. If you live in Spain, which includes Tenerife, you have to register with the police. To register they will require certain proofs of your residence, specifically your identity (so passport) plus proof that you are able to support yourself and won’t be a burden on Spain’s social or healthcare systems (so contributions as worker or self-employed or certificates stamped by a Spanish bank showing regular income or a deposit of €5,000 or so, plus full (no excess) private health insurance or, for pensioners, an S1). I’ve detailed the requirements on THIS page but THIS page also has much more information in a FAQ form about the basics of living here: there is also a “simple guide” HERE.

Registration is a legal requirement, but it’s not an automatic “right”. Spain is entitled to say that you haven’t proven you can support yourself or have sufficient healthcare cover to be allowed to live in the country. And so in the rush to register because Brexit is looming, some people are beginning to find that their years of floating above the “official bureacratic nonsense” are starting to catch up with them because they have a non-res bank account and no proof of income, use their EHICs incorrectly for healthcare, and in many instances pay untraceable rent to a British owner in cash or by transfer within the UK. The police are understandably completely unimpressed by such people’s insistence that their bald statement of self-supporting residence without a shred of proof should be enough to allow them to register.

Bear in mind, too, that this is the situation now, pre-Brexit, and for your own assurance, please pay no attention to anyone who tells you not to worry, that after Brexit things will just go on as before. They might, if there is a deal, but that can look very unlikely sometimes presently, and even if there is a deal, we cannot know right now what its conditions will be. Everyone who is anyone here is now singing from the same hymnsheet: register, and get things sorted out while you still have the chance, and if you are having problems in doing so now, it is worth resolving the issues because they could be nothing compared to what you might have to deal with after Brexit.

It’s time for anyone who hasn’t yet stuck their head up above the parapet to do so.

Updated 14 September: Following on from the EU’s guidelines on a no-deal Brexit issued in July, the UK Government has now issued its own advice. All sides are saying they want a deal, and are confident of avoiding a no-deal Brexit, but equally acknowledge that it is reasonable to prepare for the eventuality. Over the next month negotiations have to deal with some of the hardest issues which have become sticking points, like the Irish border, and even if these negotiations can be extended by a few weeks, they cannot go beyond mid-November or so without running out of time for the EU27 to get agreements through their own national and the European Parliaments.

So there is a couple of months at most from now in which we will no doubt find out if Jacob Rees-Mogg’s European Research Group will challenge Theresa May before the negotiations end, or whether Boris Johnson will challenge Theresa May on his return from Washington where he has just collected the Irving Kristol American Enterprise Institute award 2018 for exceptional intellectual and practical contributions to improve government policy, social welfare, or political understanding. And Labour shadow Foreign Minister Emily Thornberry has today gone on record as saying that Labour will not back any Chequers-based Brexit deal in Parliament regardless of what might come back from Brussels, which has said for its own part that Chequers is not a plan that can be accepted in any case. Analysts are seeing Thornberry’s intervention less as an attempt to force a no-deal Brexit and more as firing the starting pistol to trigger a general election by defeating May at a critical juncture.

Meanwhile, Gina Miller has launched an “unspun facts” campaign to “End the Chaos”, while other groups attempt to overturn the referendum result in the British and European Courts, and the High Court in London has today ruled that the Electoral Commission broke its own rules in allowing the official Leave Campaign to overspend and ensured unfairness when its job was to guarantee the opposite. If the UK’s present situation is not “a bit of a mess” it is certainly rather fluid, and it is hard to see where it is all going to go, so at least for the time being we have the no-deal advice from the British Government to be going on with. The EU’s own advice from July is in the last update immediately below, and the UK’s “Technical Notices” for a post-crash-out-Brexit are HERE.

Updated 19 July: With Westminster in utter chaos over Brexit for the last week, and with David Davis’ replacement, new Brexit minister Dominic Raab, holding his first meeting today with Michel Barnier in Brussels, the British political media is already bracing for the potential devastation of a no deal “cliff-edge” Brexit. And so too is the EU, with the Commission this morning releasing a “communication on preparedness” … for all outcomes in the Brexit negotiations. It is very clear from reading it that a no deal scenario is now up there as of virtually equal likelihood to an agreed settlement signed off in October leading to a two-year transition period from March next year.

Although the communication is a call to the EU27 national authorities and economic institutions and operators to step up preparations for any scenario, what might be of more concern to plain British citizens like ourselves is what might happen to us if the no deal “cliff-edge” scenario actually comes to pass. In this respect the communication explains that there would be no specific arrangement in place at all, either for EU citizens in the UK or for British nationals living and working in the EU. We would be in complete limbo and at the mercy of whatever bilateral agreements could be reached between the British and Spanish Governments in what would inevitably be the unchartered waters of a chaotic political and constitutional environment.

The full document is HERE, and it is self-evident that for us to have the best chance – indeed perhaps the only chance – of being able to remain living and working in Spain whatever agreements might be reached by the two Governments under those conditions, we will have to be here completely legally at that point. In fact, given that an agreement is still due to be signed off in October, if all fails and a no deal Brexit is to take place, it could be October this year that becomes the crucial date rather than March 2019.

As I explained in the last update on the 6th, the last but one update below, the only way of being legally resident in Spain is by being registered with the police and to be in possession of a Certificado de Registro. It doesn’t matter whether this says permanente or not on it because it entitles the holder to the right to permanent residence after five years anyway. What matters is that it’s the real Certificado de Registro – it will be green, and either A4 or credit-card sized, and it will have been issued by the National Police. And if the advice of the British Consul for southern Spain and the Canaries, Charmaine Arbouin, to “Register, Register, Register” was imperative when facing an orderly negotiated Brexit, it will be even more essential should a no-deal Brexit come to pass.

If you are not already registered with the police – and with a green Certificado de Registro not just a NIE – the strongest possible advice is to register now. For ease of reference, HERE is a simple paperwork checklist, and HERE is the page on documentation generally, including how to register with the police.

Updated 9 July: David Davis has resigned as Brexit secretary, and now, this afternoon, Boris Johnson has resigned as Foreign Secretary. Davis said that the Chequers cabinet approval of a soft Brexit was not something he could support as Brexit Secretary but that he did not see why Johnson should resign because it was not central to his job as Foreign Secretary. Nonetheless, Johnson has gone, and many will see it as political manoeuvering prior to a leadership challenge. Make of it whatever we will, here is Johnson’s resignation letter, effectively saying that without a hard- or no-deal-Brexit, the UK will be no better than an EU colony. Watch this space, as they say. Click the images (left) to see full size. The EU has said “nothing has changed”, but negotiators must be rubbing their hands together at the prospect of the UK in chaos thanks to these resignations and the Conservative Party’s internal warfare, and Donald Tusk has said that “it’s a shame Brexit didn’t go with these two, but maybe it still will”.

Photo: Adeje Ayuntamiento

Updated 6 July: In a meeting coordinated with the Adeje FOCUS group, the Consul for southern Spain and the Canaries Charmaine Arbouin met local community and media representatives yesterday to explain the latest developments in the Brexit negotiations. The Consul, accompanied by Vice Consul Helen Keating and Consular Officer Penelope Gomez, explained that the current state of negotiations was now entering a new phase, with the UK and EU preparing to sign off an agreement in October this year prior to the UK’s official departure from the EU in March next year.

Although “nothing is agreed until everything is agreed”, the stance consistently expressed by Theresa May, the UK and EU have already finalised details of citizens’ rights, and as of December last, have moved on to other issues like the Irish border and various recriprocal agreements covering a range of issues like security and nuclear accords. From residents’ perspectives, however, it will be reassuring to hear it repeated that the agreement for our continued status is all but agreed and signed off: in the Consul’s own words, very little indeed will change from our point of view in terms of recripocal rights, continued pension increases, healthcare cover, and right to remain and reside in Spain.

Other issues like the Erasmus programme for students, for example, or photocard driving licence regulations, are still to be negotiated and determined but if nothing changes, all will be well for those who live here to continue to do so with the same rights that they currently enjoy, even if there might be one or two additional administrative hoops through which we will have to jump after the transition period, which finishes at the end of 2020.

The foregoing, however, is all dependent upon one thing, namely that the residents concerned are legally registered, and that is a message that is clearly not getting through sufficiently well or widely. It is frightening to learn that in one area of southern Spain with nearly 2,000 on a local padrón, only 300 or so were actually registered by the police as foreign residents in the country, and without being registered, their situation is at best alegal, and at worst illegal.

It is difficult to see what makes people resistant to registering, but whatever the problem is, the solution is very easy to put into simple language. The only way of being legally resident in Spain is by being registered with the police. The only way. A registration on a local council’s padrón is important to prove continued residence, and obviously provides significant local benefits, but does not of itself convey legality of residence. Equally, a NIE is essential – a sine qua non – for anyone wishing to do anything official in the country, whether sign at notary, buy a car, whatever, but again, of itself, does not convey legality of residence. To repeat, the only way of being legally resident in Spain is by being registered with the police.

L-R: Lorna Geddie, Charmaine Arbouin, Helen Keating. Photo: Adeje Ayuntamiento

Registration is legally required, but apart from making us “legal”, and providing “resident discount” type benefits, it will be the only certain proof of legal residence status at the point the UK leaves the EU. Without it, it is technically possible that British residents, who by that stage will be ex-EU nationals in the country illegally, could even be at risk of deportation. It is far less a case of nothing to lose by registering and much more one of everything to lose by not registering. In Charmaine Arbouin’s own words, if she has any message to convey at all at this stage, it is “Register, Register, Register”.

Assuming the agreements are signed off by the UK and EU in October this year, the next phase of the withdrawal will see much more in the way of bilateral talks between the UK and Spain, and accompanying the Consul yesterday was Lorna Geddie, one of four new policy advisers brought in throughout Europe to help liaise between the UK and the EU countries with which individual systems will have to be developed. The aim, Lorna said, was to streamline bureaucracy as much as possible, and develop programmes that will allow people to complete the necessary procedures as simply and straightforwardly as possible. Obviously, we will have to wait to see what Spain’s registration or residence requirements will be, but again it was reassuring to hear that Theresa May has already spoken to new Spanish PM Pedro Sánchez and the message is clear: both countries are committed to citizen rights for Spaniards in the UK and British nationals in Spain.

In all, the official Foreign Office line was clear. Residents are encouraged to speak to their regional authorities, local Ayuntamientos or community liaison groups like Adeje’s FOCUS: tell them what is needed, we were advised, because they need to make arrangements for their own local groups of foreign residents and, really, everything is up for grabs at present. Make your voices heard, tell local authorities what you want. And of course stay tuned to official channels or trusted media to be sure of knowing what is going on, and what actions might be required of us. But above all this, before everything, and more important than anything else at the moment, for our own sakes and that of our futures in Spain, Arbouin’s words are all we need to remember right now: REGISTER, REGISTER, REGISTER.

Updated 20 April: Apart from any problems the Government has with the House of Lords and the DUP, let alone the EU negotiators, another problem is pending with what can now be known as the Shindler Case. This involves a 96-year-old British man who lives in Italy, Harry Shindler, and who has just had his case accepted by the European Court of Justice. The case seeks to overturn the referendum result on the grounds that the result was invalid since he and a dozen or so other long-term expats were refused the right to vote despite a UK Government promise in 2015 to overturn that ruling on voting eligibility.

Sue Wilson, chair of BremainInSpain, said that the EU’s general court will hear the case which argues that the EU was wrong to initiate a withdrawal procedure, and that the negotiations are therefore illegal. Mr Shindler himself, in an interview with The Times, said that “the court can’t tell us to have another referendum but can say it doesn’t recognise the result. If we win, then the referendum is overturned. That would put the cat amongst the pigeons!”. Certainly it could force another referendum with long-term expats automatically having a vote.

Updated 19 March 2018: The UK Government and the EU have agreed the terms for a 21-month transitional deal as part of Brexit to enable the UK to make an “orderly withdrawal” from the European Union. The agreement was announced today by David Davis and the EU’s Chief Negotiator Michel Barnier, and clearly the UK has made a whole series of concessions to Brussels, including accepting the plan of keeping Northern Ireland under EU law to avoid a hard border with the Republic of Ireland. Also EU nationals arriving in the UK during the transition will get the same rights as those already in the country, even though Theresa May has previously said this could not happen.

Many commentators see the deal for a transition process as a complete cave in by the UK Government not least because it will keep the UK in the same position within the EU until 31 December 2020, rather than the original leave date of March next year, though without any rights throughout that period as a participating member. Business leaders, however, welcomed the news as providing the reassurance needed, and indeed Sterling immediately reached a five-month high in reaction to the announcement.

Speaking of the deal on the transition, David Davis said:

Make no mistake, both the United Kingdom and the European Union are committed to the joint report in its entirety and in keeping with that commitment we agree on the need to include legal text detailing the back stop solution for the border of Northern Ireland and Ireland in the withdrawal agreement that is acceptable to both sides. But it remains our intention to achieve a partnership that is so close as to not require specific measures in relation to Northern Ireland and therefore we will engaged in detail on all the scenarios set out in the joint report.

How this will all go down with the DUP, currently essential to Theresa May’s minority Government staying in power, is anyone’s guess, and it’s a fair while to the end of 2020, and there are still many more things to be clarified and agreed in that period. Let’s hope that we soon start to see things more clearly … 20-20 vision would be a good thing if it arrives before the end of 2020 itself!

Updated 14 December 2017: A rebellion against party whips by a dozen Conservative MPs who joined a cross-party alliance saw Theresa May lose a Brexit vote in the House of Commons last night. The vote was a key one on an amendment by former attorney general Dominic Grieve to ensure Parliament’s right to a meaningful vote on the final Brexit deal. The same cross-party alliance is likely also to inflict another defeat on the Government next week if Theresa May continues with her plan to try to set the end of the UK’s EU membership at 11pm GMT (midnight in Brussels) on 29 March 2019.

In an irony which will no doubt infuriate “Brexiters” who demanded “sovereignty” for Britain’s Parliament, it is that very sovereignty which will now be exercised by all MPs to determine whether the final deal is acceptable, not the Conservative Government. What effect this will actually have, however, is debatable, with Polish MEP Danuta Hübner, who chairs the European parliament’s constitutional affairs committee, arguing this morning that the vote will be largely meaningless because it will be a take it or leave it deal that has come out of completed negotiations by the time it gets to the MPs to vote on.

According to this view, if the deal were to be rejected by the House of Commons it should push the country into a hard Brexit, but the cross-party alliance is determined that democratic sovereignty should be the preserve of Parliament and all MPs, rather than any given Government of the day, and it will certainly strengthen the hand of anti-Brexit or anti-hard Brexit MPs through the remainder of the negotiations since David Davis and his team, and Theresa May herself, will know that they cannot simply plough ahead and agree the deal with the EU without full Parliamentary approval.

A further factor, of course, is that the British Parliament is not the only one which will have a vote on the final deal. The European parliament will also have a vote on it, and be asked to approve the deal some time before March 2019 and the end of the two-year period which started when Article 50 was triggered by the UK. The MEPs won’t be able to make any changes to the deal, but they too will have the power to reject it, though they are considered likely to rubber stamp a deal signed off by each of their national Parliaments and the European Commission.

Updated 23 October: In an interview on BBC1’s Andrew Marr show, Spanish foreign minister Alfonso Dastis said that British residents in Spain would be allowed to continue living in the country even in the event of a no-deal Brexit. Dastis said that “If there is no deal we will make sure that the lives of ordinary people who are in Spain, the UK people, are not disrupted. … the relationship between the UK and Spain is a very close one in terms of economic relations and also social exchanges. Over 17 million Brits come to Spain every year and many of them live here or retire here and we want to keep it that way as much as possible.”

Now many will understandably be wary of accepting a verbal (albeit recorded) statement by a Government minister who might not still be in post, or even still be elected, at the time the negotiations conclude. And in any case, a no-deal Brexit is seen as virtually inconceivable by negotiators, as the deputy head of mission at the British Embassy in Madrid, Tim Hemmings, said in the Brexit meeting the other day. Nonetheless, it will be reassuring to many to hear such positive words from the Spanish authorities direct, and to hear how they view us, and our contributions to the country, a view inevitably formed against the background of all the Spanish nationals living in the UK, and whom Spain wishes to see carrying on with their successful lives without interruption.

//youtu.be/bLGQDfUjYow

Updated 1 September: Following the second round of negotiations, the UK’s Exiting the EU Dept has published a further joint technical note with the European Union setting out their current positions. All indications are that this round of negotiations was tetchy, testy and frustrating, but in some respects, reassuring to those of us living in Tenerife. As before, the joint technical note is in the form of a comparative chart, and it can be viewed HERE. David Davis’ summing up of the current situation is HERE.

Also as mentioned before, it is now increasingly clear that the UK has every intention of protecting existing healthcare rights of pensioners in the EU. It is a firm plank of UK policy that the British Government will “at least protect existing healthcare rights and arrangements for EU27 citizens in the UK and UK nationals in the EU. The EHIC arrangements.” This means, of course, that British pensioners in Spain will continue to have their health care arrangements protected both where they live and – when they travel to another Member State including the UK – to be able to use their EHIC.

The wording, however, could be significant in referring to existing healthcare rights and arrangements: whether new retirees will enjoy the same benefits, or whether there is to be a cut-off date for eligibility, will no doubt become clear in time. It is quite evident, though, that the number one concern of British retirees here is largely dealt with, and any pensioner already legally resident in Tenerife and getting healthcare through the S1 system should continue to be able to do so.

Updated 25 July: The British ambassador to Spain, Simon Manley, has written the following open letter to all UK citizens living in Spain.

Given the success of the Spanish State Visit to the UK the week before last, which, among other things, highlighted the importance of people to people links between our two countries, I thought it timely to return to the subject of citizens’ rights in the negotiations on our departure from and future partnership with the EU.

In the year since the EU referendum, I’ve had the pleasure of meeting many of you across the country, from the Balearics to the Canaries, along the Costas and in Madrid, and our consular teams have met many more.

I know from those conversations that there has been uncertainty for many of you. My teams and I have listened to your concerns about the future, including about your residency status in Spain, the level of your UK pensions, and your access to Spanish health and other social services, and have noted the questions you have about tax, inheritance, right to work and the implications of applying for Spanish nationality.

At our meetings, on our social media and in interviews, I have also pledged to keep you up to date as negotiations on our exit from the European Union continue. So, let me update you on where matters stand now, in light of the latest negotiation round in Brussels last week.

The UK Government has been clear that citizens are our top priority in the exit negotiations. We want an agreement that provides citizens with greater certainty about their future.

Last week, we held constructive and substantive discussions with the European Commission on the bulk of the issues underpinning our respective positions on citizens’ rights. Together we have taken a big step forward. There is a much clearer understanding on the detail of the positions on both sides and significant convergence on the key issues that really matter to citizens. You can read this technical note which compares the UK and EU positions on these issues [in the post below]. It is clear both sides want to move towards an agreement.

As you know, on 26 June, the Prime Minister outlined to Parliament an offer to protect the rights of EU citizens in the UK. We are entering the negotiations with the European Commission and the other 27 EU Member States constructively and we therefore hope that the EU27 will offer reciprocal treatment for British nationals resident in the other Member States.

Many of you will have seen press reports of our 26 June offer, whether in the UK or Spanish media. I hope you will also have read the detailed proposals which are set out in “Safeguarding the position of EU citizens in the UK and UK nationals in the EU” (//www.gov.uk/government/policies/brexit) and I would encourage you to sign-up for email alerts (you can do so on the Home Office gov.uk page) to receive updates, to ensure that you are receiving information and guidance from official sources.

The first key element of the new proposal is residence status and working rights. Until the UK’s exit, EU citizens in the UK will continue to enjoy all the rights they currently have under EU law; they can continue to live and work in the UK just as they do now.

The same rights also apply to you, British residents in Spain. You can continue to live and work here in Spain as you always have done. After the UK’s exit from the EU, we are proposing a reciprocal deal that would protect the right of UK nationals already in the EU to continue to live and work in the EU. We hope that the European Commission and the 27 other Member States will agree to this.

The second key element is healthcare, pensions, education and access to benefits. It is our intention to treat EU citizens with settled status in the UK in the same way as if they were UK citizens for the purposes of access to education, benefits and pensions.

For you, the Government has announced that the UK will continue to export and uprate the UK State Pension and provide associated healthcare cover within the EU, issues which I know from my conversations over the last year were important to many of you.

At the moment, those of you who are UK pensioners and resident in Spain access healthcare through the S1 form. This means the UK reimburses Spain the cost of providing medical treatment. After the UK leaves the EU, we want to continue your healthcare entitlements on the same basis. Healthcare in Spain was indeed one of the case studies cited in the detailed proposals made by the British Government on 26 June (see link).

Subject to negotiations, we want to continue participating in the European Health Insurance Card scheme meaning EHIC holders continue to benefit from free, or reduced-cost, needs-arising healthcare while on a temporary stay in the EU — and vice versa for EU EHIC holders visiting the UK. We hope the European Commission will agree to this.

The British Government has repeatedly said that, until exit negotiations are concluded, the UK remains a full member of the European Union and all the rights and obligations of EU membership remain in force. You can continue travelling throughout the EU on your UK passport, without any visa requirements. You can continue to access Spanish healthcare and draw your UK pension. If you have any difficulties accessing those rights, do please let our Consulates know

I will continue to engage with you and listen to you, as will my consular teams across Spain. In the meantime, please follow me on Twitter (@SimonManleyFCO) and access the Embassy’s social media (@UKinSpain on Twitter; British Embassy Madrid and Brits in Spain on Facebook) to keep up to date with developments.

Updated 21 July: The UK’s Exiting the EU Dept has published a joint technical note with the European Union setting out their positions on citizens’ rights. It is a comparative chart, effectively, and has been published on the EU Commission and gov.uk websites and can be viewed HERE. It maps the alignment between the two parties’ positions, to prioritise future discussions, and summarises and compares them. Green indicates convergence, red indicates divergence, and yellow indicates where further discussion is required to deepen understanding.

Updated 26 June: In a parliamentary statement today in the House of Commons, Theresa May has said:

the UK will continue to export and uprate the UK State Pension and provide associated healthcare cover within the EU. We will continue to protect the export of other benefits and associated healthcare cover, where the individual is in receipt of those benefits on the specified cut-off date. And subject to negotiations we want to continue participating in the European Health Insurance Card scheme, so that UK card holders could continue to benefit from free or reduced cost healthcare while on a temporary stay in the EU and vice versa for EU card holders visiting the UK.

Whilst this is framed within the UK’s offer on the rights of EU nationals living in the UK, an offer which EU negotiators say does not go far enough, it seems pretty inconceivable to me that May or whoever is PM at the time could go back on this position of preserving pensioners’ rights to pension increases and healthcare, and the EHIC system, regardlesss of the form of the final settlement.

Updated 22 June: Brexit negotiations have started and already the UK has had to concede that residents’ rights (along with the divorce settlement and the Irish border) will have to be agreed before any trade agreements can start. With now only 21 months – and counting – remaining of the 24 months within which all agreements need to be finalised, Plaid Cymru MEP Jill Evans is publishing a new report on the possibilities that exist for British nationals to retain EU citizenship regardless of what might be agreed in the negotiations.

The study was launched on Tuesday in the European Parliament, and the researchers will present their findings to the European Commission and the European Parliament. It is based on the report – ‘The Feasibility of Associate EU Citizenship for UK nationals post-Brexit’ – prepared for Evans by a team of researchers at Swansea University. One possibility explored by the study is a new status of ‘associate citizenship’.  Jill Evans said that the “report is an important contribution to the debate around UK citizens retaining their EU citizenship, or having the right to become associate EU citizens”. She continued that many people still strongly considered “European” as part of their self-identity “and are horrified at the thought of losing their EU citizenship, with all the benefits it brings”.

Guy Verhofstadt‏, leader of the ALDE group (Alliance of Liberals and Democrats for Europe) in the European Parliament said that the proposals were interesting and should be explored. Any British residents of Tenerife who did not want to see the UK leave the EU will certainly agree. Meanwhile, negotiations, such as they are, continue, but it will be a boost to the spirit of those who wanted to remain in the EU to see that someone is considering how they might be able to do so.

11 April: The FCO held a live Q&A session on Facebook today as I posted HERE, and in essence, FCO Consular Director Julia Longbottom reiterated all I’ve said below on this post, namely that everything of concern to British residents or property owners here will be the subject of negotiations which will take place over the next two years. No-one’s situation changes in that period, and there will be no new information until negotiations start, and it will then be a matter of policy as to what details the Government will release about those negotiations. When there is any clear information I will publish it here.

Updated 29 March: And so, today is B-Day, starting the two-year process of negotiation for the UK’s departure from the EU. From what the UK’s Exiting the EU Department says, together with comments from EU diplomats, particularly chief negotiator Michel Barnier from France, there is a clear agenda for discussion. First will be the €60bn “divorce bill”, and providing agreement is reached on that, second on the list is the residence rights of EU nationals living in the UK, and by extension, those of Britons living in the EU. At least this should provide an early clarification of our residence status and rights to remain in Spain. Today, then, is when it actually starts to get real.

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 2017: 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 UK has not left the EU yet, just voted to do so. 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 below for the post I originally made 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 HERE.

The following is what I originally posted in June 2015:

Maybe because it’s been in the news a lot lately, or because David Cameron is in Brussels right now telling the EU what it must do if the UK is to stay in Europe when the referendum is held at some point over the next two and a half years (link), but I’ve had a few emails lately asking what the implications would be for expats in Tenerife if the UK opted to leave. Obviously, to quite a large extent, this is a matter of opinion, perspective, and judgment, but there are one or two firm facts that we can at least use to help form views. The main questions I’m asked concern medical arrangements, pensions, and residential status, and so to cover these in turn:

First, medical arrangements. Clearly the reciprocal arrangements for EU member states could stop if the UK left the EU. This would leave pensioners without an S1 system whereby their cover in Spain is funded by the UK.  There is a safety net in Spain, so it’s not inevitable that pensioners would be without health cover, but there are criteria: anyone who was first registered as a legal resident in Spain (with a Certificado de Registro) before 24 April 2012, and who has remained legally resident throughout, and who has an annual income of under €100,000, and who has no other healthcare cover, can apply to be registered for free healthcare in Spain as a resident. Whether UK nationals would be deemed to have “no right to any other healthcare cover” given that the NHS would cover them if they returned to the UK is another matter. It also seems likely that any rights under the reciprocal European healthcare system which provides British travellers with EHICs for emergency care and cover while out of the UK would be lost. These matters are among many which will form part of the negotiations to be undertaken during the Brexit procedure.

As far as pensions are concerned, the UK will pay these to whichever account an entitled pensioner requests, but David Cameron has said that if the UK leaves the EU, there will be no increases of British pensions for those living in the EU, just as pensioners living in, say, Australia, find their UK pensions frozen at the rate applicable at the point they left the UK. The Government has made noises following Cameron’s statement that suggest this may be negotiable, but the only firm statement made at present is that pensions of British pensioners within the EU will be frozen if the UK leaves the EU. The date at which the pension rate would be frozen is a matter of complete conjecture.

With regard to residence status, Spanish and European law gives residents of an EU nation state the right to reside permanently in another EU nation once they have been legally resident for five years. Once the UK leaves the EU, however, British citizens cease to become “residents of an EU nation” and so their right to remain cannot be taken for granted. That right also extends, though, to member states of the EEA (European Economic Area) and so unless there’s a “hard brexit”, the UK should remain in that group, thus preserving its citizens’ right to remain in Spain if they have been here legally for five years (again, this implies being in possession of a Certificado de Registro and being able to prove essentially continuous residence, presumably by means of an additional Certificate of Empadronamiento from an Ayuntamiento).

Assuming there is some right to remain for those who have been here legally for five years, it is not clear to me what the position would be for those who had not been here for five years, but under EU law I cannot see how Spain could just expel people who had arrived here legally and who had been officially processed. Regardless of length of residence, however, the status of anyone who had not registered with the police and acquired their Certificado de Registro would be “irregular”, rather than “illegal” – just as it is at present.

When it comes to the inheritance and gift tax reductions of 99.9% newly introduced in the Canaries from January 2016, and which apply to tax residents and non-residents alike, one of the few criteria that apply to receiving the reduction is that it applies to non-residents providing they are resident in another EU member state. This is because the non-discrimination requirements are based on EU regulations, and if the UK were to leave the EU, then the discount for inheritance and gift tax would no longer be available, as it is presently not available for those resident outside of the EU.

Incidental questions I’m also asked relate to driving licences – the UK’s involvement in the EU’s photocard licence scheme would be questionable; the effect on the exchange rate – this is a money expert’s question and even if I were one, which I’m not, I doubt I’d be prepared to guess! One thing is clear, howeer, and that is that anyone given the right to remain would retain their right to resident discount on travel within Spain because it is a subsidy given to Canarian residents, regardless of origin.

Obviously the above isn’t “factual” in the normal sense, and some things which are “facts” could change because policy or decisions can be altered, or there might be residual agreements put in place were the UK to leave. But that’s my best attempt given what is known at present to address the concerns I’m increasingly finding people have. I hope it helps, and I’m more than happy for this to be discussed however you like below.

53 Comments

  1. Author

    For space and convenience I’ve deleted prior comments and am closing this now to further comments. Brexit happened on 31 January 2020, the Transition Period ends on 31 December 2020.

    You might read much about a No Deal Brexit. This can be confusing because when the UK left the EU (31 Jan 2020) the Withdrawal Agreement was in place, and those who are legally resident in Spain before the end of 2020 are covered by the rights bestowed by it. So there is no question of leaving without a deal because Brexit has already happened and with a deal.

    Talks are taking place during the Transition Period to try to get trade deals and agreements on the future relationship between the UK and EU. Whether these will be successful is another matter but this is what people mean now when they talk about a No Deal Brexit: they should really say No Trade Deal Brexit for clarity. The most important point is that legal residents’ rights are protected by the deal that the UK left the EU with, rights that are contained within the Withdrawal Agreement.

    If anyone has any specific questions please just send me an email … janetanscombe@gmail.com.

  2. Author

    I’ve reopened this to comments now in case anyone has any questions about the system in place for registering, or for transferring from a green Registro certificate to the new card, or about anything to do with the last few months of the Transition Period as far as British interests in Spain are concerned.

  3. Hi, a simple question, the modelo for pay in La Caixa is it modelo 790?

  4. I got my appointment for the TIE for July 21st in Girona and it was exactly as you describe – super easy and quick. I went back exactly 1 month later to collect it! I’m all set with regards to paperw

  5. Hi, How much do I have to pay for the TIE for UK citizens? Was not clear how to fill in the modelo 790 012

  6. Author

    €12 … and you want the box towards the bottom of the lefthand column, relating to Registro … although you’re getting a TIE the price and status of the procedure this year is still an EU one because we’re covered by the Transition Period rights guaranteed by the Withdrawal Agreement. It will change in 2021 for new registrants. And of course anyone who already has a Registro and so is already legally resident in Spain is not required to change to a TIE.

  7. Janet there may be a problem with the new TIE cards – I have just collected mine and instead of being the normal card ‘Permiso de Residencia’ the top saya ‘Tarjeta de Residencia Permanente’ and most importantly the bottom right saya ‘tarjeta de residencia de familiar de un ciudadano de la unión’ other cards just say ‘residence card/titre de sejour’

    There is an important difference legally between having the card in our own right and in having it as a ‘familiar de un ciudadano de la Union

    It seems there are more than one type of card and they are being issued willy-nilly without checking the real status of the citizen. Amongst 5 British friends who have them so far 2 are ‘correct and 3 are incorrect. I went back and spoke to the girl who does then in the south and she said we’d have to go to the office in Santa Cruz to look into this. It would be useful to know amongst your readers how many have the correct card and how many have the ‘wrong’ card. ’

  8. Author

    I’ve asked the Consulate for an official reply to this. To be clear, my opinion is that if someone has a TIE permanente they do not have “the wrong card”.

  9. Hi Janet. Thank you for sharing your experience on changing Registro to TIE, it’s really helpful.

    We went to the police station in Las Americas this morning to start the process. We had heard conflicting reports about if we needed to take our Empadronamientos with us (I note that you weren’t asked for yours) so chose to take it just in case.
    Not only did the lady ask for it, she told us it was out of date (issued May 2016). As I’m sure you are aware, there is no expiry date or mention of validity period printed on these documents.

    I think this raises two important questions;
    1) Is an Empadronamiento necessary to exchange a permanent Registro for a Tie?
    2) Does the Empadronamiento have a validity period that isn’t shown on the document?

    Out of interest, when I got home I logged onto my local town hall website and downloaded a new Empadronamiento, but this showed the same Fecha de Alta of May 2016.

    Thankfully the lady was very helpful and accepted the ‘out of date’ document, but I would hate for others to have problems with this.

  10. Author

    The info I have is that an empadronamiento is also required if a current address is different to that recorded on the Registro – and that matches my experience.

    The fecha de alta is the original date of registration but any certificate drawn down is valid only for 3 months. This is because they are effectively a snapshot of where someone is living at the point of issue, and the assumption is that it will be so for the following quarter, but no further.

    I’m surprised by your experience and have several reports now of people doing this and none have been asked for an empadronamiento.

  11. Author

    Picking up on Simon Monckton’s comment … I have initiated enquiries on this, and these are now on the second stage with the Spanish authorities. I hope to have an answer as soon as next week. I’ll post as soon as I have anything to add to this.

  12. I have made enquiries amongst such of my friends here who have so far made the change. We are all UK citizens and all had the ‘small’ green Registro with the word permanente on it. Of the 8 I know, 5 have the Permiso de Residencia (which I believe to be the ‘correct’ card. The other 3 myself included have the ‘Tarjeta de Residencia Permanente with the mention ‘Familiar de uno ciudadano de al Union on it’. I have an appointment booked with the main office in Santa Cruz tomorrow to discuss this directly with them. I will let you know how I get on.

  13. Thank you Simon. We appreciate your info. My husband and I checked ours and is the same as yours. Our two friends are correct. Looking forward to your update tomorrow

  14. I went to the main office in Santa Cruz this morning and a very helpful agent there confirmed that the cards are indeed the ‘wrong’ ones for British Citizens. He is reissuing the cards in the hope that they will be correct next time round. We will be able to collect them in about 2 weeks time. Another agent who was consulted was more inclined to dismiss the problem as insignificant, which it is not. I’d therefore like to urge you, and anyone else with the same error, to make appointments in Santa Cruz to go to correct the error, so that they can see it is a widespread problem and I suspect that the more people do it, the more likely we are to get a speedy and satisfactory resolution.

  15. Author

    Thanks Simon, and I will just repeat that I am waiting for official responses from the UK and Spanish Governments.

  16. Re Your entry 8/08/20 with regard TIE cards you say that British nationals have the right of onward movement under 3 clear conditions,ok.
    Does this mean that TIE can be used for holidays to other EU countries without the need of British passport?
    Your comments would be appreciated.
    Thank you for all the information you supply.

  17. Author

    no, it doesn’t mean that. It means they can go and live in one other EU country if they already legally reside in one. “Able to move” doesn’t mean “go on holiday”. As I understand it, the measure allows British nationals with permanencia in one country to move to live in another as EU nationals rather than 3rd country ones. Once.

  18. Hi Janet,
    I am a permanente residente here.
    What are the advantages of getting a TIE card?
    I dont plan to move to any other E.U. country, but plan to stay here.
    Thank you,
    veronika

  19. Author

    hi Veronika, I’ve moved your question to the Brexit post, have a read up the top of the post … there’s absolutely no requirement to change a Registro but for me, the advantages are that it’s a little plastic card like the old Residencia used to be, and it’s ID … which means it makes life easier generally (though I tend to use the driving licence for that anyway). Plastic and ID, for me, are the two reasons. Have a look HERE too. 🙂

  20. Hi Janet,

    I hardly ever post on your site because the information you provide is second to none may I thank-you for all the help and information you have provided over the years. I went to Las Americas police national today to enquire about this TIE I explained that I have lived here for 20 years and have all the relevant paperwork, he advised me to go over the road where there is a shop called foto dni they will supply photo’s and help you to fill out the correct forms, I found them very helpful they charge 10 euro, has anybody else used this shop?

    Russell

  21. Author

    thanks Russell … we actually used that shop the other day to get a photocopy, and I’ve taken people there in the past for photos. They are very helpful, and it’s very usefully located!

  22. Janet, thank you so much as always for such an informative website, without which lots of people would be totally lost.

    One simple question from me regarding the two ID card size photos needed along with the EX23. Should the photos be taken with glasses on (if you normally wear glasses) or without glasses in every case?

  23. Author

    Hi Andy! Hope you’re both well! In my TIE photo I’m wearing my glasses for exactly that reason – I am never without them and so will always be presenting ID with them on … and you’re allowed a slight smile. All a bit less restrictive than UK practice.

  24. Janet, Thank you so much for your helpful reply. It is one of the questions to which I had not managed to find an answer. I knew you’d know 🙂

  25. I so agree about that shop and the photos but didn’t know they would help with the forms too. That’s so good and I am sure it must take a lot of pressure off the overstretched police and officials across the road.

  26. Hi Janet. Quick question. 790-012…. should it be paid BEFORE going to the office? Almost everything I see says yes, my gestor says no, not until you’ve been.
    Seems illogical not to, but being a fully qualified idiot myself, I’d prefer to ask someone who has already done it!. This is in GC of course and I know it’s not always the same… Thanks

  27. Author

    office? you have to pay it before you go to the Police Station, yes. They will require to see proof that it has been paid, and you can’t pay it at the police station, the modelo (pre-payment form) must have a bank stamp on it OR you scan it at a La Caixa ATM and it prints out proof that you take instead.

  28. Janet. Yes, office unfortunately. The only place on GC is Oficina de extranjeros in LP.
    Thanks for confirming that. I had a feeling it had to be so.

  29. Afternoon Janet.
    I’ve just found this little gem on Moncloa…
    “ I am a British citizen currently residing in the Canary Islands/Balearic Islands. Will I continue to benefit from air transport discounts on my inter-island flights and flights to the mainland?
    During the transition period British citizens will enjoy the same rights in Spain as citizens of the EU, with some exceptions included in the UK’s Withdrawal Agreement. They will therefore continue to benefit from the reductions for residence in Spanish territories not on the mainland.

    After the UK’s exit from the European Union, initially and unless there is an agreement to the contrary, they will only continue to benefit from the reductions if they are recognised as long-term residents”

    I assume that means we will lose our travel reductions until we reach the 5 year “Permanente” Mark?

  30. Author

    hi Jon, this is something that I’m working to get a definitive answer on (ie with quotable evidence/source), but at present my understanding from the Spanish Government is precisely that only those with permanencia will be entitled, and this is something clearly reiterated in the quote you posted.

  31. As a swallow, how do I deregister?

  32. Author

    you go back to the police station and request a modelo and solicitud – you tick the box to “baja”.

  33. Thank you. Can this be done from the UK?

  34. Author

    no, but in any case it would surely be unnecessary because deregistration is for someone who lives in Spain and is leaving to live elsewhere. That means they’re here anyway!

  35. Janet, if anyone registers as a resident when they are, in fact, not intending to live permanently in Spain are they not committing an offence? I understand they will lose any residency anyway if they are out of the country for six months. However, they must also pay taxes in Spain and not the UK if they are a resident ? I am confused that people would take a risky step of registering and reregistering just to stay longer in Spain.

  36. Author

    I personally would classify it as a false statement to the immigration authorities, which might not be a “criminal” offence but is certainly an offence in some respects. The problem would be showing it to be knowingly false. Anyone could say they intended to stay and then circumstances meant they had no choice but to go back to the UK. There’d be a limit on how many times they’d get away with that, of course!

    My only question now to people who wish to register is WHY? If the answer is not “because I’m coming to settle in Spain” then I say that registration is, by Spanish law, for foreigners who are residing in the country. It is not to get them a resident discount to which they’d otherwise not be entitled, nor to replace a Schengen visa, nor to give a way around the 90 days limit for non-residents without visas. If not residing, then not registering. Simple.

    (as an aside, while I’m posting a comment anyway, can I just explain that I’ve put the whole site on premoderation for comments. The more trollish commentators were overloading the work and I was losing track of who was commenting, and I found I was double checking stuff and it was taking too much time. So I’m afraid everyone now has to wait for their comment to be approved. I will do my utmost to make the time it takes to approve comments as short as possible!)

  37. Not too sure that you would always be in Spain to deregister. It could be that a genuine application had been made but that during a visit to the UK circumstances change for example a family crisis or simply changing ones mind and wanting to remain in the UK. In normal times a return to Spain to deregister would simply be a bind, but with covid a very very unnecessary risk.
    If someone has registered incorrectly then deregistering is a way of correcting that wrong.
    PS do you know the number of the modelo to ask for.

  38. Author

    In such circumstances you would need to give someone power of attorney to act in person for you. It just has to be a legal PoA not a simple personal authorization. Same forms as when you registered.

  39. Before Brexit happened, and perhaps now before end of the transition period, if you stay more than 90 days don’t you have to register with the police? Or is that a different thing from claiming residency?

    Last year when we were there (for two periods less than 90 days a few weeks apart) some brits we met said that we could take our NIE certificate to the police to get a card to enable us to get local travel discounts. Was that completely wrong?

  40. Author

    yes, completely wrong, in fact completely fraudulent. It is making a false official statement to obtain a financial advantage to which one is not entitled. If that’s not the fundamental definition of fraud I don’t know what is!

    The rule is, for the nth time, registration is required for foreigners living in Spain. Someone wanting travel or ticket discount is not a foreigner living in Spain. Or at least not necessarily so.

    I repeat, again for the nth time, registering because you want to stay more than 90 days is not the right path. The right path is a visa OR limiting your stay. The fact that Brits have done this for years and years without a problem is purely an advantage they have enjoyed because as EU nationals they weren’t policed. Now they will be.

  41. So in the past, and now before the end of the transition, we can legally stay more than 90 days and there is no requirement to notify the police?

  42. Author

    HERE is the EU on the subject. The answer is no (because “Schengen”), but with the UK still covered by the Transition Period, no-one will be checking and more importantly, there won’t be sanctions against anyone breaking the rules anyway (because “the EU”). Once we’re out of the EU good and all, things will change.

  43. So any Brit now purchasing property with a view to spending the 6 winter months in Spain, cannot. Unless they register on entry and deregister on exit, on each occasion, obviously not a practical solution,. Visa’s for this category also do not seem to be on offer. I wonder if any of the “Honest” estate agents are offering this advice to prospective purchasers?

  44. Author

    they can apply for visas, Del, but it’s not an easy or cheap option. Re your other point, there is a very great deal of misinformation out there from a whole range of vested interests … but to be fair, who the hell can blame them? Their livelihoods have been shredded by an act of national self-harm that they advised against, warned about, and are now jointly paying the price despite their best efforts. One advantage that I consider I have is that no-one’s pulling my strings, no-one’s subsidising this website, nor does my livelihood depend on people thinking in a particular way. I do realise how privileged this makes me, but it does also mean I can just say it as it is with no comeback.

  45. That’s why this site is the place to go for facts, not Tenerife rumours. And I don’t think anyone would be brave enough to try to “pull your strings:

  46. I don’t think the UK was ever in Schengen though.

  47. Author

    No they weren’t, but that’s not relevant, Schengen area rules apply to the Schengen area and the UK had favoured EU membership. Spain is in Schengen and now the UK does not have favoured EU membership.

  48. Author

    oh I do miss you, Del!! 😀

  49. Dear Janet, further to your post yesterday, in our search for “straight facts” it is understandable that many of us rely on your expert and very well researched articles, and so in your Registration Matters, Swallows information you write……..

    “Please also note that according to articulo 162.2e of Real Decreto 557/2011, anyone legally resident in Spain for under five years will lose their residency status after they have been outside of Spain for six consecutive months.”

    Six CONSECUTIVE months you write which is clearly not in accord with what you wrote in yesterday’s Brexit update saying…….. “e) When staying outside Spain for more than six months in a period of one year.”

    Six months in one year is not the same as six consecutive months which is why I for one had imagined that coming back for a couple of weeks half way through the six “consecutive” months would allow us legally to be resident. This one word has made a big difference to me and possibly to others.

    Would you please consider amending the Registration guidance?

  50. Author

    Peter … yes absolutely. Apologies. I now understand why people were seeking a “workaround” despite my constantly saying there wasn’t one!

    While here … I’ve deleted a few replies above and reordered others so that at least (I hope) it reads logically and in chronological order of comment and reply.

  51. Ah, joy of joys,Brexit is back! As one of the 62% of Scots who voted remain and as someone who had also voted to remain in the first such referendum in the 70s, I agree completely with all you have just said Janet. It also never fails to amaze me how folk just deny rules or facts which they find inconvenient. As a homeowner on the island who wishes to remain tax resident in the U.K. I have stuck assiduously to the rules on the length of individual visits and the number of days per year I can spend in Tenerife. I am now trying to get my head around the 90/180 days rules which apply from January and under which I will have to factor in not only time spent in Tenerife but also, for example, a long weekend in Paris. One of the joys of time spent in Tenerife is developing a new circle of friends and acquaintances of different ages, views, backgrounds and nationalities. However I have found that the key to happiness in an ex pat community is to stick to the rule of never discussing religion or politics and especially not Brexit. What I have found astonishing though is listening to British full time residents on Tenerife who remain on the island unlawfully without the benefit of paperwork but who assure me that nothing is going to change and that the Spanish need such Brits on the island and will never act against them come 2021. The ultimate irony was an acquaintance who stays here year round without paperwork but who flew home to the U.K. for a couple of days purely to vote leave, there was some mention of the issue of illegal immigration …

  52. Thank you very much Janet. I had wondered just that, that one small word ended up filling your mailbag with messages from people like me, which I can understand must have been very frustrating for you. Keep up your good work for us all please, residents and swallows alike.

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